Stop the Sleep Deprivation in CA Solitary Confinement! — RALLY & COURT SOLIDARITY, SACRAMENTO, FRIDAY OCT 19

Join the Prisoner Hunger Strike Solidarity Coalition (PHSS) for a rally and courtroom presence in opposition to the relentless practice of sleep deprivation torture in CA solitary confinement cells. Please show solidarity with imprisoned civil rights Plaintiff, Jorge Rico, and with people locked in solitary throughout CA suffering severe sleep deprivation due to guards’ loud and disturbing “security/welfare checks.”

Friday, Oct 19, 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 #3, 15th Floor)

After the hearing, Jorge’s attorney, Kate Falkenstien, 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.

For rideshare to Sac & other info:
call 510-426-5322 or email phssreachingout@gmail.com

FB EVENT PAGE: https://www.facebook.com/events/811504955847955/

Background
In prison isolation units throughout California, guards jar prisoners EVERY 30 MINUTES with loud and disruptive “security/welfare checks” causing ongoing sleep deprivation.

Every half hour, 24/7 guards subject prisoners to shrill beeping, banging of metal on metal with a Guard One wand, stomping through the pods, talking loudly, and at times, shining flashlights in their faces. The California Department of Corrections and rehabilitation (CDCr) began this Guard One “security/welfare check” system in early 2014 in women’s and men’s prisons under the guise of suicide prevention. In conducting these automated “checks,” the guards aren’t actually checking to see if people are okay; but they wake and disturb prisoners night and day, inflicting serious sleep deprivation. These checks, in addition to the harm of extreme isolation, cause severe physical and mental injury, increase suicidal ideation, and are described by people forced to endure them as TORTURE.

Sleep deprivation is internationally defined – by experts in human rights, sleep, and mental health – as a form of torture.

What’s the Oct 19 court hearing about?
CDCr is trying (again) to get Jorge Rico’s case dismissed.
Currently, there are at least seven federal civil rights lawsuits by CA prisoners against these checks that charge CDCr administration, and specific wardens and guards, with violating prisoners’ constitutional protection from cruel and unusual punishment. Prisoners are suing for money damages for serious physical and psychological injury caused by being jarred every 30 minutes, 24 hours a day. Perhaps most important, they are suing for declarative and injunctive relief- for the court to declare that the CDCr Guard One security/ welfare checks violate people’s civil rights and must stop. One of these lawsuits, brought by Christopher Lipsey (Lipsey v. Barnes), began in June 2014, over 4 years ago, and is still in initial court proceedings. Prisoner civil rights cases often take years to conclude, and only begin after a person in prison exhausts all of the avenues asking prison administration to deal with the problem, to no avail. With the so-called security/welfare checks, people in prison who have experienced them for months or years on end and who mustered the courage, paperwork, and fortitude to bring lawsuits, have been moved by CDCr in and out of solitary (where the checks occur) since the time they began their lawsuits.

Jorge Rico filed his lawsuit on August 2, 2016. Currently, Jorge is not in solitary experiencing the checks; he’s been in prison General Population since April 2018. CDCr is trying to get rid of significant parts of Jorge’s lawsuit- his request that the court declare the checks violate the Eighth Amendment constitutional protection against cruel and unusual punishment, and his request that the court order an end to the harmful, noisy, and useless Guard One checks that cause serious sleep disruption and deprivation. CDCr argues that those parts of Jorge’s lawsuit are “moot” because Jorge is not, at this time, enduring the checks. We believe Jorge’s claims are not moot because he is likely to experience the checks again. CDCr should not be allowed to evade his constitutional challenge.

CDCr tries every which way to get the civil rights case against the checks dismissed by the court.

The Legal Problem
How will anyone ever be able to successfully challenge the checks if their lawsuit goes away when CDCr decides to temporarily move them out of solitary? It is well known, and asserted by CDCr, that being put in Administrative Segregation (ASU solitary) at various times for various reasons should be expected by a person incarcerated in California. Indeed, Jorge has been in SHU solitary, then General Population, then Administrative Segregation solitary, then General Population – all since he began his lawsuit. If lawsuits take years, and people are in and out of solitary at CDCr’s discretion, and thus CDCr can get the lawsuits dismissed, this cruel sleep deprivation policy can continue on forever!

Jorge Rico’s lawsuit should not be dismissed because he gets some time out of solitary.

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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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LETTER WRITING LAUNCH to end harmful “security / welfare checks”

STOP SLEEP DEPRIVATION in CA Solitary Units in Pelican Bay SHU and Women’s Death Row

Please write letters to Lindsay Hayes, the suicide expert who’s endorsed this harmful practice by CA Dept. of Corrections.  Hayes can stop the “security/welfare checks.” We want Hayes to hear the voices of the women and men affected by these torturous checks, and we ask you to be the messengers.

Use these templates and prisoner quotes, and send to the listed addresses:

 Write to:
Lindsay M. Hayes

40 Lantern Lane
Mansfield, MA 02048

Copy to:
Matthew A. Lopes, Jr.
Pannone Lopes Devereaux & West LLC
317 Iron Horse Way, Suite 301
Providence, RI 02908

If possible, send us a copy of your letter, either by U.S. mail or email:
PHSS Committee to End Sleep Deprivation
P.O. Box 5692
Eureka, CA 95502
phssreachingout@gmail.com

The negative health consequences of inadequate sleep ha[ve] been extensively documented and nowhere in the literature is there a report on as severe a disruption in sleep as is occurring in the Pelican Bay SHU.”
– Dr. Jamie Zeitzer, internationally recognized sleep expert, Oct. 2015

Guards are jarring prisoners awake every 30 minutes, all day and night, in Central California Women’s Facility death row and in Pelican Bay SHU with noisy so-called  “security/ welfare checks,” causing severe sleep deprivation. These checks are purported to be ‘suicide prevention,’ yet are being used as a blanket practice, whether prisoners are suicidal or not, and despite the fact that denial of sleep is devastating for the human mind and body.

This is torture. We are being emotionally, mentally and physically battered by the security checks throughout the nights.” 20 death row prisoners in Central California Women’s Facility (CCWF)

People need sleep for survival, mental and physical health and well-being, and to organize for their human rights.

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Feb 1st: RALLY Against the Torture of Prisoners

2016- PHSS- End Sleep Deprivation Rally- Feb 1

Rally Against the Torture of Prisoners Feb 1, 2016

As of February 1st, it will be 181 days that the men in Pelican Bay SHU have been tortured by sleep deprivation. For six months the men have been awakened every 30 minutes, 48 times per day, due to so-called “security/welfare checks” by guards.

“…they’re killing us with these Guard One/Welfare Checks…I don’t know what to do? We really are suffering right now and I can assure you that this is worse than the hunger strikes.” PB SHU prisoner Oct. 2015

Join us in Sacramento on February 1st, 2016 at 1:00 pm to rally against the torture of prisoners!

California Department of Corrections and Rehabilitation (CDCR) claims these ‘checks’ will prevent suicide. Instead, these checks are causing serious psychological and physical harm. John R. Martinez, in solitary for 15 years, stated that the checks “are counter-productive to their so called intended purpose (mental health care) and serve zero legitimate penological purpose other than to harass and mentally torment us prisoners.”

Come and stand with us to put an end to torturous ‘welfare checks’ in the SHU.

RIDESHARES will be leaving from Southern California, Santa Cruz, the SF Bay Area, the North Coast, and locations in between. PHSS will help with travel expenses.  Please contact phssreachingout@gmail.com, 510-426-5322 if you need or can provide a ride. You can also message Prisoner Hunger Strike Solidarity on Facebook.

We need to make the Senate and Assembly Public Safety Committees and Governor Brown stop this now!

We must keep the pressure on!

Media Advisory HERE.

 

For RIDESHARE info and MEETING WITH LEGISLATORS before the Rally, Continue reading