5/12 Watch Court Hearing in Ashker v Gov! Stop Solitary Confinement

No more doublespeak by CDCr. We are in court to reject solitary by another name! #StopSolitary

PLEASE TUNE IN TUESDAY, MAY 12, 2020 @9AM PST AND LET CDCr KNOW WE ARE WATCHING!
Link to the livestream available here:

https://www.ca9.uscourts.gov/media/live_oral_arguments.php

Men in Solitary Confinement in CA Take Their Case Before 9th Circuit Court of Appeals. CDCR Continues to Violate Settlement Agreement: Men Held Alone in Cells 23 Hours a Day

**See more below about the livestream court arguments, the online after-discussion, and a social media toolkit**

STOP SOLITARY CONFINEMENT: Tune in to watch oral arguments in Ashker v. Governor of California 

Join the Center for Constitutional Rights on Tuesday, May 12, 2020 as arguments are heard in the Ninth Circuit Court of Appeal on whether the state of California violated the settlement in our case, Ashker v. Governor, a federal class-action lawsuit on behalf of prisoners held in the Security Housing Unit (SHU) at California’s Pelican Bay State Prison who have spent a decade or more in solitary confinement.

Attorneys with the Center for Constitutional Rights will urge the court to uphold a ruling that California prisons have violated a landmark settlement agreement intended to end indefinite solitary confinement. The district court held that the California Department of Corrections and Rehabilitation (CDCR) violated the 2015 settlement by maintaining prisoners in levels of isolation equal to or even more severe than the isolation they experienced in the Security Housing Units (SHU).

Tune in at 9:00am PST on May 12 to watch first hand and JOIN OUR TWEETSTORM, as we reject #solitarybyanothername.

Feel free to use visuals and sample messaging from our our social media toolkit,

Arguments will likely start between 9:00 and 9:30 am PST, depending on the length and order of arguments. You will find the link to the livestream on the court’s website.

STAY TUNED AFTER THE HEARING FOR A COMMUNITY-CENTERED ONLINE BRIEFING!

Following oral argument in Ashker, join us at 11:30am PST for a community-centered online briefing with attorneys Jules Lobel and Samuel Miller. The legal team will share their thoughts about how the hearing went, you will get the opportunity to ask questions, and we will highlight action items to move forward.

For more information and to receive the Zoom link and passwork, please RSVP on Eventbrite

For questions, contact Dolores Canales, CFASC: (714) 290-9077, dol1canales@gmail.com

Online briefing hosted by California Families Against Solitary Confinement (CFASC) and Center for Constitutional Rights (CCR).

Rally Against Continuing Solitary — The Four Prisoner Reps Will Be PRESENT in Court Conference AUG 21, 2018

RALLY at the San Francisco Federal Courthouse while the four CA Prisoner Hunger Strike and Ashker Class Representatives ‘Meet and Confer’ with CDCr to address the continuing solitary conditions that violate the Ashker lawsuit settlement agreement. The four prisoner hunger strike representatives will be present in the courtroom, an historic presence!  

Tuesday, August 21, 2018

RALLY 11:30am

Phillip Burton Federal Building & U.S. Courthouse
450 Golden Gate Ave, San Francisco, CA 94102

Help create a strong show of solidarity with prisoners fighting for human rights!

What’s going on? The prisoner class-led movement and the Ashker v. Gov of CA class action lawsuit resulted in the release of over 1400 people from solitary confinement Security Housing Units (SHUs) to what the CA Department of Corrections (CDCr) calls “General Population.” However, many of those people continue to be subjected to conditions of extreme isolation. With little to no out-of-cell time and no chance for social interaction, they are still in SOLITARY CONFINEMENT.

On July 3, 2018, U.S. District Judge Claudia Wilken ruled:

The Settlement Agreement was intended to remove Plaintiffs from detention in the SHU, where they were isolated in a cell for 22 ½ to 24 hours a day.… many Plaintiffs [now] spend an average of less than an hour of out-of-cell time each day, which is similar to the conditions they endured in the SHU.  … This demonstrates a violation of the Settlement Agreement.” FULL RULING HERE

and “…a substantial percentage of Plaintiffs in Restricted Custody General Population (RCGP) are …not permitted to exercise in small group yards or engage in group leisure activities. This does not comply with the terms of the Settlement Agreement.” FULL RULING HERE

The Ashker Plaintiff class reps and legal team were ordered to meet and confer* with CDCr lawyers to explore a resolution of these two issues.

The four prisoner hunger strike representatives- Sitawa Nantambu Jamaa (Dewberry), Todd Ashker, Arturo Castellanos, and George Franco- will be present in the SF courtroom.

Please join the Prisoner Hunger Strike Solidarity Coalition (PHSS) outside the San Francisco Federal Courthouse to show our solidarity with prisoners who struggle against solitary confinement torture, who organize across racial/geographic lines, and who- through hunger strikes, massive solidarity, formal complaints, the Agreement to End Hostilities, and the Ashker civil rights class action lawsuit- forced CDCR to release people from solitary confinement SHUs.  The organizing prisoners brought international attention Continue reading

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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FEB 23 RALLY & COURT HEARING: California Prisoners moved to “General Population” from SHU are STILL being held in Solitary Confinement

Please come out to show your support on February 23rd for people to be put in a true general population setting with regular access to yard, day room, programming, jobs, fresh air, phone, and other means of social interaction and environmental stimulation.

Rally with us and be in court for oral argument in this important hearing in Ashker v. Governor of California.

Friday, February 23, 2018
Phillip Burton Federal Courthouse, 450 Golden Gate Ave, San Francisco, CA 94012

12:00 pm: RALLY outside the SF Courthouse
1:00 pm: PACK THE COURTROOM, Courtroom #1, 17th Floor

Show the judge we still support those incarcerated in solitary/SHU-like conditions!

We will head inside the courthouse at 12:40pm. You must pass through a metal detector and present ID to enter the courthouse.

Facebook event: https://www.facebook.com/events/2011774719037446/

Center for Constitutional Rights (CCR) will be there! Feb 23- Oral Argument in Ashker v. Governor of CA

Stop the Torture

“My total out-of-cell time for the entire month was 16.83 hours”

To supporters of human rights,

On February 23, 2018 in San Francisco, an important motion will be heard in Ashker v. Governor (aka Ashker v. Brown), the federal class action lawsuit challenging prolonged solitary confinement in California. As a result of the settlement in Ashker, over 1400 people were released from solitary confinement Security Housing Units (SHU) to what the CA Department of Corrections and Rehabilitation (CDCR) calls “General Population.”  Yet, many of the class members released from SHU continue to suffer conditions of extreme isolation. Hardly ever getting out-of-cell time, they have been forced to spend as much or more time locked in their cells as when they were in SHU, with little to no rehabilitative or educational programming or social interaction with other people.

On February 23,  Jules Lobel, of the Center for Constitutional Rights and the Ashker legal team, will be arguing a motion challenging these SHU-like general population units as a violation of the settlement agreement.

A prisoner who is no longer in SHU after 15 years, explains his new “general population” conditions at Calipatria:

“… Out of cell time is regularly cancelled or restricted. Yard time is scheduled 4 times per week, but is often available only 1 or 2 times per week. Showers and telephone calls, which are supposed to be available every other day, are infrequent, and we must choose one or the other. … I leave my cell for 20-25 minutes for breakfast, and many days, this is my only out-of-cell time. …The conditions in ‘general population’ in Calipatria are similar to SHU… I have limited social interaction and intellectual stimulation. I rarely go outside…I have difficulty maintaining relationships with my family especially since my ability to use the telephone is so infrequent and irregular. I suffer from insomnia. I suffer from anxiety that I feel is directly linked to the irregular programming: I am anxious because I do not know what will happen next.”

Carol Strickman, of Legal Services for Prisoners with Children and the Ashker legal team, states:

“On Friday, February 23, the San Francisco district court magistrate will hear argument on our motion regarding the isolated conditions that many of our class members are experiencing in the Level IV maximum security prisons that they were transferred to. Their conditions are so extreme that our correctional expert states, ‘These prisoners are not actually in what reasonably may be considered general population: rather, they are in a form of restrictive housing as these terms are commonly understood within the corrections profession.’ We are encouraging interested parties to attend the hearing.”

RALLY AT 12PM before the hearing, outside of the courthouse
HEARING AT 1PM in Courtroom 1, on the 17th floor. (Remember to bring ID)

Please pass this message on to fellow supporters of human rights who may be able to attend on the 23rd. Check the Prisoner Hunger Strike Solidarity website for upcoming details on a postcard campaign to further support the Ashker class members. https://prisonerhungerstrikesolidarity.wordpress.com/

If you have transportation needs or offers for the Feb 23 Rally and Court Hearing, please email phssreachingout@gmail.com or call 510-426-5322 as soon as possible.

Solitary Confinement is Torture.

“Security/Welfare Checks” – UPDATES and CONTINUED CALL FOR LETTERS, Oct. 2016

STOP SLEEP DEPRIVATION in CA Solitary Units
End the “Security/Welfare Checks”

from the Prisoner Hunger Strike Solidarity Coalition (PHSS) Committee to End Sleep Deprivation

Please read the below update and 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

October 14, 2016 UPDATES and CONTINUED CALL FOR LETTERS
to people inside and out prison walls

Guards are jarringly waking prisoners in solitary confinement every 30 minutes in the name of “security/welfare checks” throughout all CA prisons’ isolation units. Loudly disturbing and waking people every 30 minutes is serious, ongoing sleep deprivation, a debilitating, internationally-condemned form of torture. These “security/welfare checks,” purported to be for ‘suicide prevention,’ 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.

We know that the “checks” began in Central CA Women’s Facility (CCWF) Condemned Units on May 18, 2014 and in Pelican Bay State Prison Security Housing Units (PB SHU) on August 2, 2015, despite the fact that suicide rates are low in those units; none in over 20 years and one in 11 years, respectively. Considering the harm and agony of sleep deprivation, the effects of these checks run counter to their purported purpose. Sleep expert Zeitzer and psychiatrist Kupers concluded people suffering from them may be at a higher suicide risk than before these checks began.

Our Committee to End Sleep Deprivation has received a flood of letters from people enduring the checks in California’s SHU’s, Ad Seg, and Psychiatric Units, explaining their suffering and trauma. Letters have come from Calipatria State Prison, CCI Tehachapi, Central CA Women’s Facility, CA Institution for Men, CSP Corcoran, Deuel Vocational Institution, CSP Sacramento (“New Folsom”), High Desert State Prison, Pelican Bay State Prison, SATF Corcoran, and Salinas Valley State Prison.

Continue reading

PRISONER HUMAN RIGHTS! events Jan 22 & Feb 1

Join Prisoner Hunger Strike Solidarity Coalition for two events to

END SLEEP DEPRIVATION TORTURE
IN PELICAN BAY SOLITARY

Peter Collins-Solidarity withPBHunger Strike


Solitary Man

Solo Performance by Charlie Hinton,
followed by discussion

When: Friday, Jan 22 at 7pm

Where: Omni Commons

4799 Shattuck Ave
Oakland 94609

Charlie created Solitary Man based on his letters and visits with people in solitary confinement. The show is set in 2014, a year after the largest prisoner hunger strike in history.

Charlie says,“I want this show to gain an audience and become one more voice calling for the end of mass incarceration and solitary confinement…The world is such a cold and cruel place these days, I want Solitary Man to add at least one drop of humanity.”

After the performance, we will discuss how and why the men in Pelican Bay SHU have been continuously deprived of sleep since Aug 2, 2015.

Suggested Donation $5-15, snacks & beverages provided
No one turned away for lack of funds

Facebook: SOLITARY MAN, Performance by Charlie Hinton
http://tinyurl.com/h3adxdd

SacCDCrRally_2-1-16

Rally in Sacramento Against the Torture of Prisoners

When: Monday, Feb 1st at 1pm

Where: CA Dept. of Corrections and Rehabilitation (CDCR) Headquarters

1515 S St. Sacramento, CA  95811

Since Aug 2, 2015, people in Pelican Bay SHU have been jolted awake by guards doing loud “checks” every 30 minutes. This cruel torture tactic is causing serious psychological and physical harm. Sleep deprivation is inhumane.  Join us to demand an immediate end to this torture.

No more torture in our name!

prisonerhungerstrikesolidarity.wordpress.com

Facebook:
Rally Against the Torture of Prisoners

RIDESHARE & More Info
510.426.5322
phssreachingout@gmail.com

Please DONATE for family bus trip to visit loved ones in Pelican Bay

To make tax-deductible donations to
California Families Against Solitary Confinement (CFASC)
for family visits, work, and support:

Donate directly on website:
www.familyunitynetwork.org

OR  Make checks payable to: FACTS Education Fund

Write CFASC in the memo line.

Mail to:
FEF c/o CFASC
1137 E. Redondo Blvd.
Inglewood, CA 90302

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Sept. 23rd Statewide Coordinated Actions To End Solitary Confinement: Locations & Details

Wed, Sept. 23 ACTIONS by Location
alphabetical order)

 the Bronx, NY –  Crescent City, CA (Pelican Bay) – Los Angeles, CA –   Nationwide for Yom Kippur – Oakland, CA –San Diego, CA – Santa Cruz, CA

If you still don’t see your locale, we haven’t received the details or YOU just might need to set up a simple action where you are!!  Here are two resources with ideas to mark the day:
http://www.cjpc.org/2015/CEPS-Action-Packet-final.pdf
http://www.nrcat.org/torture-in-us-prisons/together-campaign

Statewide Coordinated Actions To End Solitary Confinement (SCATESC) has a PHSS Facebook Event page.  SCATESC’s growing list of Co-sponsors and Endorsers is below.  Look soon for a website launch for ‘Together to End Solitary’, the nationwide collaboration

Sept. 23 Locations & Details

the BRONX, NY:
All are welcome to join this monthly demonstration against the torture of solitary confinement.  New York Campaign for Alternatives to Isolated Confinement (CAIC) asks you to lend NY_Together Sept. 23 Flyer_Page_1support to abolish Solitary Confinement in New York State.
Here’s the Bronx Flier & NY Solitary Fact Sheet
Bronx Action Details
Time:  6:00pm EST
Location:  corner of White Plains Rd and Gunn Hill Rd, Bronx, NY 10467
For more info, email caicny@gmail.com
Website: http://nycaic.org/
Facebook event: https://www.facebook.com/events/435402853327387/
#HALTSolitaryConfinement

 

CRESCENT CITY , CA:
Headed to demonstrate outside Pelican Bay State Prison (Crescent City, CA)

Sleep Deprivation is Torture”
Please join us on Wednesday, Sept 23rd to protest the sleep deprivation torture that began on the night of Aug 2nd in Pelican Bay SHU, perpetrated by the guards. People in SHU cannot escape the constant noise, and they can’t sleep. It’s torture and it’s really hurting them.

We plan to set up across from Pelican Bay in protest of the 30 minute so-called welfare checks, the guards’ bogus excuse for the sleep deprivation. These “checks” happen 48 times a day, keeping people in SHU sleep deprived DAY & NIGHT.

Want to join us?  We will have a banner and music and information (you can learn, if you don’t know much about solitary).  People have been writing letters, sending emails, and making phone calls about the sleep deprivation, which seems to be retaliation for two successful lawsuits settled on behalf of prisoners.∗

The men inside will learn of our solidarity action which, we hope, will lift their spirits.

We will leave for Crescent City from Eureka on Wednesday morning and come back in the evening. Also, we will be demonstrating against CA prisons entombing people in solitary confinement, period.
Crescent City Action Details
Time:  Carpool from Eureka about 9:00am PST
Protest  12:00pm – 5:00pm PST

Location: across from Pelican Bay, 5905 Lake Earl Dr, Crescent City, CA 95532
For more info, call  707-267-4249
Contact Name: Verbena
Contact Email: phssreachingout@gmail.com
#CAHungerStrike #StopSolitary #Together #SleepDeprivationIsTorture #StopSolitaryCA

 

LOS ANGELES, CA:
If the SHU Fits – Sept 23 Voices to End Solitary Confinement  If the SHU Fits – Voices from Solitary Confinement is a play which uses the history, use of, and statistics about solitary confinement in the United States to paint a broad picture of the practice. But the heart of the play comes from letters, articles, statements, stories and commentaries from those imprisoned and their family members, as well as legal and SHU923v3-LAcommunity testimony.On Sept 1, 2015 an historic legal settlement was announced between CA and prisoners held in isolation for 10 years or more at Pelican Bay State Prison, calling for the end of the use of solitary confinement for people based on alleged prison gang affiliation.  Despite that, the struggle is not over.Come join us to learn more about the ongoing efforts to end solitary confinement and to take action yourself!
HERE‘s the Los Angeles flier!
Los Angeles Action Details

Time: 6:30 pm
Location: St. John’s United Methodist Church 1715 Santa Ana Blvd, Los Angeles, California 90002
Facebook Event: https://www.facebook.com/events/997504186975480/
Website: iftheshufits.net
For more info, call 310-704-3217
Contact email: info@iftheshufits.net

 

NATIONWIDE FOR YOM KIPPUR:
T’ruah: The Rabbinic Call for Human Rights is asking people to dedicate their fast for Yom Kippur (which is on Sept. 23rd) to people in solitary and to educate themselves.
‪#‎StopSolitary‬ ‪#‎Together‬ ‪#‎StopTorture‬

Unfortunately, for many people in America, being alone–continuously–is a daily reality. Between 80,000 and 100,000 incarcerated persons in solitary confinement are alone for 23 hours a day. In support with those who face isolation, activists around the country have dedicated the 23rd of every month as a day of action and solidarity. This month, the 23rd is Yom Kippur. T’ruah is calling on Jews across the country to dedicate their fast to those who suffer in prolonged solitary confinement and renew their commitment to ending it.

Full Invite including Resources from T’ruah about solitary confinement
Website: www.truah.org
Contact email: office@truah.org
For more info, call: (212) 845-5201

 

OAKLAND, CA (two actions, day & night):
Oakland Daytime Action
The big banner and new placards will put attention on the horrendous noise at Pelican Bay SHU 24/7, caused by the ‘wellness checks’.
SLEEP DEPRIVATION = TORTURE
The architecture of the SHU at Pelican Bay amplifies the slamming of the pod doors, the guards clambering up and down the tiers as well as the beeper and wand action by guards. The interpretation of these wellness checks by Pelican Bay staffers is unacceptable. Turn out to hear the latest and sign up for our emergency response network.
Daytime Oakland Action Details
Time: 11:30am – 2:00pm
Location: in front of the CA State Building, 1515 Clay St, Oakland, CA 94612
(between 14th and 15th Streets)
Contact phone: 510-435-1898
Contact email: phssreachingout@gmail.com

Oakland Nighttime Action
Flying Over Walls will be hosting their Oakland LGBTQ+ Prisoner Letterwriting Nightagain in conjunction with Statewide Coordinated Actions To End Solitary Confinement – and discussing the recent Ashker v. Governor of California settlement, including what it means and what we are still fighting for.

As the SF Bay Area chapter of Black & Pink, our focus is to connect the non-incarcerated LGBTQ+ folks who participate in our events to B&P members in Northern California prisons.
Nighttime Oakland Action Details
Time: 6:30pm – 8:30pm PST
Location: The Flight Deck, 1540 Broadway, Oakland, CA 94612
Website: https://flyingoverwalls.wordpress.com/about/
Facebook Event: https://www.facebook.com/events/1635556230055874/

 

SAN DIEGO, CA:
We will be out talking with people and providing information to END SOLITARY CONFINEMENT and promote the AGREEMENT TO END HOSTILITIES. Please come join us for an hour after the work day.
San Diego Action Details
Time: 6:30pm – 7:30pm PST
Location: Rosa Park (park is next to the library) City Heights, San Diego  92105
Contact Person: Martha Esquivel
Contact Email:  emartha42@yahoo.com

 

SANTA CRUZ, CA:
Join us on Wednesday September 23rd, 2015 in Santa Cruz as part of actions statewide throughout California and state-by-state nationwide.  We will have sign-making, leafletting, and a rally. Also:
Zines and other literature
•Security Housing Unit (SHU) / solitary model food tray
Updates on the landmark victory of Ashker v. Gov. Brown and Statewide Coordinated Actions To End Solitary Confinement in CA & nationwide
Readers’ Theater: plaintiffs’ statement on the settlement of Ashker v. Governor of California; women in and against solitary confinement.

On September 1, 2015 a landmark settlement ended indeterminate long-term solitary confinement in California prisons. The settlement may release 2,000 prisoners from solitary confinement. Let’s keep up the pressure to make sure it is implemented, and to end solitary confinement (15 days is torture), abusive prison conditions, and mass incarceration of the poor, particularly communities of color. 90% of people in the SHU in CA are people of color.

Sept. 5, 2015 is the 2-year anniversary of the suspension of the third nonviolent CA Prisoner Hunger Strike and work stoppage by over 30,000 prisoners. It was based on 5 Core Human Rights Demands and the Agreement to End Hostilities between all racial/ethnic and geographic groups in CA prisons, jails, and communities.
Santa Cruz Action Details
Time: 11:30am Sign-Making and Set Up
12 noon Leaflet and Talk with passersby
12:30pm – 2:30pm RALLY

Location: corner of Pacific Ave. and Cooper St., next to O’Neill’s, 110 Cooper St., Santa Cruz 95060
For more info, call  831-325-3251
Contact email: phssreachingout@gmail.com
Facebook Event: https://www.facebook.com/events/1685905584966193/

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CA Prisoners Win Historic Gains with Settlement Against Solitary Confinement

Agreement reached in Ashker v. Brown ends indeterminate long-term solitary confinement in CA, among other gains for prisoners

FOR IMMEDIATE RELEASE – September 1, 2015
Prisoner Hunger Strike Solidarity Coalition

Oakland – Today, California prisoners locked in isolation achieved a groundbreaking legal victory in their ongoing struggle against the use of solitary confinement. A settlement was reached in the federal class action suit Ashker v. Brown, originally filed in 2012, effectively ending indefinite long-term solitary confinement, and greatly limiting the prison administration’s ability to use the practice, widely seen as a form of torture. The lawsuit was brought on behalf of prisoners held in Pelican Bay State Prison’s infamous Security Housing Units (SHU) for more than 10 years, where they spend 23 hours a day or more in their cells with little to no access to family visits, outdoor time, or any kind of programming.

“From the historic prisoner-led hunger strikes of 2011 and 2013, to the work of families, loved ones, and advocate, this settlement is a direct result of our grassroots organizing, both inside and outside prison walls,” said Dolores Canales of California Families Against Solitary Confinement (CFASC), and mother of a prisoner in Pelican Bay. “This legal victory is huge, but is not the end of our fight – it will only make the struggle against solitary and imprisonment everywhere stronger.” The 2011 and 2013 hunger strikes gained widespread international attention that for the first time in recent years put solitary confinement under mainstream scrutiny.

Currently, many prisoners are in solitary because of their “status” – having been associated with political ideologies or gang affiliation. However, this settlement does away with the status-based system, leaving solitary as an option only in cases of serious behavioral rule violations. Furthermore, the settlement limits the amount of time a prisoner may be held in solitary, and sets a two year Step-Down Program for the release of current solitary prisoners into the prison general population.

It is estimated that between 1,500 and 2,000 prisoners will be released from SHU within one year of this settlement. A higher security general population unit will be created for a small number of cases where people have been in SHU for more than 10 years and have a recent serious rule violation.

“Despite the repeated attempts by the prison regime to break the prisoners’ strength, they have remained unified in this fight,” said Marie Levin of CFASC and sister of a prisoner representative named in the lawsuit. “The Agreement to End Hostilities and the unity of the prisoners are crucial to this victory, and will continue to play a significant role in their ongoing struggle.” The Agreement to End Hostilities is an historic document put out by prisoner representatives in Pelican Bay in 2012 calling on all prisoners to build unity and cease hostilities between racial groups.

Prisoner representatives and their legal counsel will regularly meet with California Department of Corrections and Rehabilitation officials as well as with Federal Magistrate Judge Nandor Vadas, who is tasked with overseeing the reforms, to insure that the settlement terms are being implemented.

“Without the hunger strikes and without the Agreement to End Hostilities to bring California’s prisoners together and commit to risking their lives— by being willing to die for their cause by starving for 60 days, we would not have this settlement today,” said Anne Weills of Siegel and Yee, co-counsel in the case. “It will improve the living conditions for thousands of men and women and no longer have them languishing for decades in the hole at Pelican Bay.”

“This victory was achieved by the efforts of people in prison, their families and loved ones, lawyers, and outside supporters,” said the prisoners represented in the settlement in a joint statement. “We celebrate this victory while at the same time, we recognize that achieving our goal of fundamentally transforming the criminal justice system and stopping the practice of warehousing people in prison will be a protracted struggle.”

Legal co-counsel in the case includes California Prison Focus, Siegel & Yee, Legal Services for Prisoners with Children, Weil Gotshal & Manges LLP, Chistensen O’Connor Johnson Kindness PLLC, and the Law Offices of Charles Carbone. The lead counsel is the Center for Constitutional Rights. The judge in the case is Judge Claudia Wilken in the United States District Court for the Northern District of California.

A rally and press conference are set for 12pm in front of the Elihu M Harris State Building in Oakland, which will be livestreamed at http://livestre.am/5bsWO.

The settlement can be read on CCR’s website, along with a summary. CCR has also put up downloadable clips of the plaintiffs’ depositions here.  Read statement from plaintiffs.

Honoring Hugo “Yogi Bear” Pinell

Long live Hugo Pinell, who showed us the power of the human spirit, that love can survive and overpower hell on earth.

________________________________________________

Beloved political prisoner Hugo ‘Yogi Bear’ Pinell, feared and hated by guards, assassinated in Black August after 46 years in solitary
August 14, 2015   by Dr. Willie and Mary Ratcliff

Black August adds another hero and martyr to the roll.

From December 1970 to 2014, when he finally had a contact visit with his mother, Yogi was allowed to come out from behind the thick glass in the visiting room and touch a loved one only once: When he married Shirley, they were given 15 minutes together. She later died.

By some accounts, it was his first day on the yard after 46 years in solitary confinement when Hugo Pinell, affectionately known as Yogi Bear, was assassinated Aug. 12. The news sparked a victory celebration by  prison guards on social media: “May he rot in hell” and “Good riddens” (sic), they typed. Yogi was the only member of the San Quentin 6 still in prison, and his role in the events of Aug. 21, 1971, the day George Jackson was assassinated, has earned the guards’ incessant enmity ever since.

“This is revenge,” declared his close friend, fellow Black Panther veteran Kiilu Nyasha, on Hard Knock Radio Aug. 13. “They hated him as much as George Jackson. They beat him constantly, kept him totally isolated for 46 years – no window, no sunlight – but they could never break him, and that’s why they hated him.

“The only way he survived was that this man was full of love.” ….
Please read more of this excellent SF Bay View article
which includes “The Black Panther Party and Hugo Pinell”  from The Black Panther newspaper of Nov. 29, 1971

 

Hugo Pinell Presente!
August 14, 2015   by Isaac Ontiveros

….Hugo became a part of the Prison Liberation Movement, which saw the prison as a front of struggle connected to the global upsurge of oppressed people against colonialism, imperialism, and white supremacy.  This was a period of intense education, organizing, and resistance among imprisoned people—some locked up as political prisoners, some transformed while inside, nearly all targeted by prison administrations for their political stances and activism.  In 1971, Hugo, along with 5 other prisoners at San Quentin State Prison in California, were charged with raising a rebellion at the facility’s Adjustment Center, during which prisoner movement leader George Jackson was assassinated.  Several weeks later, actions commemorating the assassination of Jackson by prisoners at Attica went on to spark the massive rebellion at that prison.  The story and political trial of the San Quentin Six helped people across the planet to understand the conditions inside prison, the resistance of prisoners, and the connection across the walls that the Prison Liberation Movement was trying to make.

Hugo Pinell in 2001

Hugo Pinell would go on to spend over 40 years in the solitary confinement units used to punish prisoners and break up their social, political, and religious organizations—indeed, Pinell was the longest held prisoner in solitary confinement in California, before recently being released into the general population.  Despite the torturous conditions of solitary, Hugo remained steadfast politically, and tried to stay connected to people and struggle, inside and outside the prison.  Hugo participated in the recent California Prison Hunger Strikes and was vocal supporter of prisoners’ 2011 Agreement To End Racial Hostilities.   In his late 60s while on hunger strike, Hugo talked about his activism with journalist Kilu Nyasha:

I wasn’t prepared for a hunger strike, so I don’t know how well or how long I can hold on, but I had to participate…I don’t even think in terms of doing or saying something wrong, for that would strike against everything I live for: freedom, becoming a new man and the New World. So, Sis, this hunger strike provides me with an opportunity for change while also allowing me to be in concert with, and in support of, all those willing to risk their precious and valuable health.  ….
Please read more of this tribute from Critical Resistance
Hugo Pinell- Rest in Power

August 13, 2015  by Claude Marks

We are saddened by the news of Hugo Pinell’s death. Hugo Pinell always expressed a strong spirit of resistance. He worked tirelessly as an educator and activist to build racial solidarity inside of California’s prison system. ….

….As the California Prisons began to lock people up in long-term isolation and control unit facilities, Hugo was placed inside of the SHU (Secure Housing Unit) in prisons including Tehachapi, Corcoran and Pelican Bay. There, despite being locked in a cell for 23 hours a day, he continued to work for racial unity and an end to the torturous conditions and racially and politically motivated placement of people into the SHU. This work included his participation in the California Prison Hunger Strikes as well as supporting the Agreement to End Racial Hostilities in 2012.

At the time of his death, Hugo had been locked behind bars for 50 years yet his spirit was unbroken.
Please read the full writing, Hugo Pinell- Rest In Power

See Who are the San Quentin 6? flyer (from 1970’s) provided by Freedom Archives

Here is a link to the Freedom Archives San Quentin 6 collection 

brief poem by Luis ‘Bato’ Talamantez

Hasta Siempre Hugo
Solidarity forever
And we are saddened
Solidarity left
You when (it) should have
Counted for something and
What your long imprisoned
Life stood for
Now all your struggles
To be free have failed
And only death an
Inglorious and violent
Death has
Claimed you
At the hands of the
Cruel prison system
La Luta Continua

-Bato and the San Quentin 3

A short poem written by Hugo Pinell from a publication issued in 1995.

No
Matter
How long it takes,
Real Changes will come,
And the greatest personal reward
Lies in our involvement and contributions,
Even if it may appear that nothing significant
Or of impact really happened
During our times,
But it did,
Because
Every sincere effort
Is as special as every human life

-Hugo Pinell (1995)