Sacramento RALLY & COURT SOLIDARITY to End Sleep Deprivation in CA Solitary Confinement — FRIDAY, MAY 18

Jorge Rico is incarcerated in Pelican Bay State Prison and has brought a civil rights lawsuit challenging the constitutionality of the loud “security/welfare checks” that he (and others) in Pelican Bay’s solitary units endure every 30-60 minutes 24/7. These so-called “checks”- done by guards – wake and disturb prisoners day and night causing serious sleep deprivation and, as his lawsuit claims, constitute cruel and unusual punishment.as his lawsuit claims, constitute cruel and unusual punishment. (The guards do no checking on top of that). Sleep deprivation is internationally recognized as torture.

Please RALLY at 9am on May 18 in support of Jorge Rico’s case against the “security/welfare checks” and in public outrage against the jarring noise and sleep deprivation they cause. At 10am, after the rally, help form a STRONG COURTROOM PRESENCE at the hearing in his case.  Show solidarity with Jorge Rico while his attorneys argue that his case should not be dismissed at CDCR’s request.

The CA Department of Corrections and Rehabilitation (CDCR) will argue for the court to dismiss Jorge’s civil rights case. Jorge’s lawyers will argue that the case against CDCR administrators, guards, and wardens, must move forward. HERE is a link to Jorge Rico’s Opposition to CDCR’s motion to dismiss.

The PHSS Committee to End Sleep Deprivation asks you to help make a powerful showing of solidarity with Jorge and all people in CA solitary confinement who are suffering from the checks, and who cannot be in the courtroom or outside rallying and speaking about their experience.


Friday, May 18, 2018
Robert T. Matsui United States Courthouse, 501 I St., Sacramento, CA 95814

Sacramento Federal Court/Eastern District
Case name and number: Rico v. Beard  2:17-cv-01402-KJM-DB

9:00am RALLY outside the Courthouse
10:00am COURTROOM SOLIDARITY with Jorge Rico,
prisoner who brought this case (Crtrm #27, 8th Floor)

After the hearing, Jorge’s attorney, Kate Falkenstein, will be available briefly outside the courthouse to speak with community supporters and media.

Note: You must show ID and pass through a metal detector to get inside the Courthouse.


'Solitary Confinement Security Welfare Checks' art by Jaime Amesquita

Artwork by Jaime Amesquita, in High Desert State Prison. “I’m hoping that maybe through the publishing of my art I can bring attention to the long term effects brought by security/welfare checks, like sleep deprivation or PTSD.”

One way CDCR is attempting to get rid of the civil rights cases against the checks is by claiming that the guards and administrators causing the sleep deprivation and harm are only ‘following orders’ and not violating any clearly established right. We recall these words from a person in Pelican Bay solitary, who, like Jorge, has been subjected to the checks’ loud, reverberating banging noise every 30 minutes 24/7 in a small, enclosed concrete and metal cell:

“For decades, military and police forces have used extreme isolation, sleep deprivation and constant banging/noise to cause mental/physical torment and try to break a person’s mind or human will to resist questioning. These are so-called clean torture methods. So CDCR/Pelican Bay State Prison cannot possibly claim, ‘We did not know the cause or effect of this new program’s use of extreme isolation, sleep deprivation, and constant noise/banging.’”

Jorge’s Opposition to CDCR’s Motion to Dismiss quotes the court in another current federal case challenging the checks, Matthews v. Holland:

“It has been clearly established in the Ninth Circuit, since the 1990s, that inmates are entitled to conditions of confinement which do not result in chronic, long term sleep deprivation.” 

These “security/welfare checks” have been occurring for almost three years in Pelican Bay State Prison.

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REPORTBACK from Feb 8th Rally, Press Conference, and Court Solidarity To End Sleep Deprivation (w/ Photos & Video)

Court Update: Judge Challenges CDCR’s Use of Solitary Confinement and Sleep Deprivation
Two lawsuits against CDCR for depriving prisoners of sleep are transferred to Coleman v Brown judge

On Feb 8, 2018, Northern District Judge Vince Chhabria held a hearing on a motion by the California Department of Corrections and Rehabilitation (CDCR) to dismiss civil rights lawsuits brought by two prisoners, Christopher Lipsey and Maher Suarez, who are suing CDCR for violation of their 8th amendment rights against cruel and unusual punishment. Specifically, they have brought their lawsuits to put an end to the sleep deprivation of prisoners caused by “security/welfare checks.” Prison guards conduct these checks in solitary confinement units throughout the state every 30 minutes, 24 hours a day. Prisoners report that the checks are loud, disruptive, and abusive.

Judge Chhabria was critical of CDCR and began Thursday’s hearing by saying he thought California was getting rid of solitary confinement. He then questioned why the plaintiffs are being held in isolation. Judge Chhabria showed no indication that he would dismiss the cases or that he thought dismissal was appropriate. He also asked CDCR attorneys if it seems to them to be a “very serious problem” for people in solitary, already under extreme psychological stress and some with mental illness, to be woken up every half hour at night.

Because the “security/welfare checks” result from a stipulated order in Coleman v Governor of CA- a case in the Eastern District Courts- on Friday, February 9, Judge Chhabria, as he indicated he would do at Thursday’s hearing, transferred the cases to be heard by Judge Mueller.  Judge Mueller oversees the Coleman consent decree, which mandates adequate mental healthcare for prisoners.

This makes three civil rights cases brought by prisoners regarding harm from the “security/welfare checks” that have been transferred to the Eastern District. On Thursday, Judge Chhabria questioned the state’s contradictory positions in those cases; in some motions, the state claims the “checks” cannot be challenged by prisoners because they were decided on in Coleman, and other times the state argues that the cases should not be decided by the Coleman Judge. Attorneys from McKool Smith Hennigan, representing Lipsey and Suarez, wrote “Inmate Plaintiffs are harmed by Defendants’ inconsistency, because it allows Defendants to claim that no judge is ever the right judge to hear these cases.”

Around 40 community members and advocates with the Prisoner Hunger Strike Solidarity Coalition held a press conference and rally on Thursday, February 8 in front of the Federal Building in support of the prisoners’ cases. One person suffering from the checks said in a letter to a Coleman official: “I ask you to listen to the voices of us prisoners and call for the immediate cessation of these “welfare/security” checks that don’t check on anything, but which make our lives a living hell.”

The Prisoner Hunger Strike Solidarity Coalition asks you to help end the sleep deprivation by joining the prisoners’ call to end the checks.

If you know someone in solitary in a CA prison (Ad-Seg/ASU, SHU, PSU, or Condemned Units/death row), please print and send this survey to them.  They can write the PHSS Committee to End Sleep Deprivation and send their survey responses to us, also.

Here is an 8 ½ minute VIDEO of highlights from the Rally: https://www.youtube.com/watch?v=6GeAV8MzHlM&feature=youtu.be. Please see the FLIER and PHOTOS below from the February 8, 2018 Rally, Press Conference, and Court Solidarity for prisoners challenging the sleep deprivation.

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