From Solitary Confinement at Pelican Bay, Jesse Perez Sues Guards for Retaliation, Wins $25,000

On Nov. 25, 2015, a federal jury awarded $25,000 in damages to Jesse Perez, who had sued guards for trashing his cell in retaliation for his lawsuit against the prison and for his stand against solitary confinement.

By filing the lawsuit, Perez wrote that he sought the “opportunity to shine a public light at trial and rein in what prisoner activists often endure in exercising their constitutional rights: the retaliatory abuse of the department’s disciplinary process by prison guards.”

Jesse Perez, 35, is from Colton in San Bernardino County and has been imprisoned since age 15. He was sent to the Security Housing Unit at Pelican Bay in December 2003 and was held there for 10 years. He took part in all three hunger strikes in 2011 and 2013, protesting prolonged isolation.

Perez’s lawyer, Randall Lee, said the verdict sends “a resounding message that the rights guaranteed under the First Amendment are sacrosanct for all of us — even a prisoner in solitary confinement at Pelican Bay.”

Jesse Perez, 2nd from the left, with his legal team in his successful civil rights case about guards’ retaliation – Randall Lee, lead attorney, Jesse, Katie Moran, Matthew Benedetto

The case is based on Jesse Perez challenging the legitimacy of a CDCr gang validation pro se in 2005. He was assigned counsel after a state dismissal motion was defeated. After his attorneys’ filed a Reply Brief, the CDCr reached out to him to settle the case, which he ultimately did in 2013. Perez received a monetary award as well as the right to have his gang affiliation reevaluated.

This is similar to the CDCr settling the Ashker case as the state of CA wants to avoid having to be held publicly accountable and to be subjected to scrutiny and interrogation in court.

In the current civil suit, his attorneys argued that guards retaliated against Perez for exercising his right to file a lawsuit and in response to successfully litigating human rights challenges – in this case the gang validation.

Perez argued that guards retaliated against him for exercising his right to file a lawsuit and in response to his successful litigating for his human rights and to overturn
his baseless gang validation.

During settlement negotiations in his initial lawsuit, which CDCr could anticipate would be successful for Perez and require a re-review of his ‘gang validation’, four officers forced Perez to strip, removed all of his legal paperwork, and trashed his cell.  In the process, one officer stated, “you might have been able to win some money from us, but we will make sure that you stay [in solitary] where you belong.” Perez did not get all of his property back.  He was later charged with a serious rules violation for “willfully obstructing the officers” during that search, for which he was ultimately found Not Guilty.

Jesse Perez states “As prisoner activists seeking to make positive contributions to the interest and human dignity of prisoners, we understand that the trappings of power enjoyed by guards represent the biggest obstacle to significant and lasting progress.”

Solitary Confinement: A “Social Death” ––– New York Times on “Shocking” Data from Lawsuit [VIDEO included]

New York Times video:
Effects of Solitary Confinement

by Colin Archdeacon and Center for Constitutional Rights
Aug. 3, 2015
People imprisoned in Pelican Bay State Prison describe their experiences in long-term solitary confinement http://www.nytimes.com/video/science/100000003831139/effects-of-solitary-confinement.html

Center for Constitutional Rights article: Solitary Confinement: A “Social Death” – NYT on “Shocking” Data from CCR Case

August 4, 2015
Excerpts here:

Today’s New York Times science section features a front-page piece about the research that CCR commissioned and compiled for our ground-breaking challenge to long-term solitary confinement. … 10 expert reports we submitted to the court in Ashker v. Brown, the class-action lawsuit on behalf of prisoners in solitary in California’s Pelican Bay prison. …
According to the expert reports, prisoners subjected to prolonged solitary experience a form of “social death” that is not cured upon release, but rather lingers as a “post-SHU syndrome” characterized by social withdrawal, isolation, and anxiety. …
The international and domestic experts agree that such prolonged isolation is not only unnecessary for prison security, but actually counter-productive, as well as a violation of international law. …
By bringing public scrutiny to the severe physical and psychological harm our clients and so many others are suffering as a result of their isolation, we hope to continue turning the tide against this form of torture until it is eradicated from the U.S. once and for all.  Read entire Center for Constitutional Rights article here: https://ccrjustice.org/home/blog/2015/08/04/solitary-confinement-social-death-nyt-shocking-data-ccr-case

New York Times article:
Solitary Confinement: Punished for Life

by Erica Goode   Aug. 3, 2015
The article appeared in print on August 4, 2015, on page D1 of the New York edition with the headline: Punished for Life.
Here’s an excerpt:

In 1993, Craig Haney, a social psychologist, interviewed a group of inmates in solitary confinement at Pelican Bay State Prison, California’s toughest penal institution.

He was studying the psychological effects of isolation on prisoners, and Pelican Bay was among the first of a new breed of super-maximum-security prisons that states around the country were beginning to build.

Twenty years later, he returned to Pelican Bay for another set of interviews. He was startled to find himself facing some of the same prisoners he had met before, inmates who now had spent more than two decades alone in windowless cells.

“It was shocking, frankly,” Dr. Haney said.
Read entire New York Times article:
http://nyti.ms/1HmwM0f

July 23rd Statewide Coordinated Actions To End Solitary Confinement- Locations & Details

Thursday, July 23 ACTIONS by location (alphabetical order)

Arcata/Bayside, CA – Boston, MA – Chicago, IL – Culver City / Los Angeles, CA – Naples, FL – New York, NY – Oakland, CA – Philadelphia, PA – Pittsburgh, PA – San Diego, CA – San Jose, CA– Santa Cruz, CA – Santa Monica, CA – Thunderclap (Twitter, Facebook, Tumblr)

If you don’t see your locale listed here, click HERE to read the entire post.  If you still don’t see your locale, we haven’t received the details yet or YOU just might need to organize a simple action where you are!!

• Here are fliers and handbills to distribute.
• Check out our updated Universal Handbill for these actions!
• Email phssreachingout@gmail.com or click HERE to share your locale’s details and/or request materials be sent for your action.

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.

July 23 Locations & Details (so far)

ARCATA / BAYSIDE, CA:
On Thursday evening, July 23rd, come to the Humboldt Unitarian Universalist Fellowship to watch the excellent new film ‘Breaking Down the Box’ (40 min). We’ll have refreshments and discussion afterwards with KHSU radio host Sista Soul and other special guests! The film event is hosted by the Humboldt Unitarian Universalist Social Action Committee and PARC, Peoples’ Action for Rights and Community (Eureka).

Earlier in the day (location & time will be posted soon), join us in Arcata. We’ll hand out literature for people to get educated and involved now to STOP THE TORTURE that is solitary confinement.  We will also be promoting the Agreement to End Hostilities.

HERE‘s the Arcata flier!
Arcata Action Details
Time: 6:00pm – 8:00pm PST
Location: The Humboldt Unitarian Universalist Fellowship, 24 Fellowship Way, Bayside, CA  95524
For more info, call  707-267-4249
Contact Name: Verbena
Contact Email: phssreachingout@gmail.com
Facebook event: https://www.facebook.com/events/1607915476127367/

BOSTON, MASSACHUSETTS:
The Coalition for Effective Public Safety – CEPS is engaging in public actions the 23rd of each month to bring attention to the 80,000+ people held in solitary confinement across the U.S. on any given day and to end solitary confinement. This date emphasizes the 23 or more hours every day that people are kept in solitary confinement. Prisoner Hunger Strike Solidarity Coalition (PHSS) has helped launch statewide Coordinated Actions to End Solitary Confinement in California following the Pelican Bay hunger strike initiated in 2013 by people incarcerated there in response to the deplorable conditions they were being held in. Monthly actions began in California in March 2015, and we started here in Massachusetts in June 2015.

Massachusetts is one of only three states where prisoners who commit disciplinary infractions can be placed in solitary confinement for up to ten years, even though the United Nations Special Rapporteur on Torture has called for a ban on any solitary confinement that lasts longer than fifteen days.

This month we are hosting a documentary screening outside about solitary confinement. More details will be posted here soon.
Massachusetts Action Details
Time and Location: will be posted here soon
Facebook page: https://www.facebook.com/pages/Coalition-for-Effective-Public-Safety-CEPS/353915588130873
Contact person: Rachel Corey
For info or to help plan future actions: director@cjpc.org

CHICAGO, ILLINOIS:
The Illinois Department of Corrections (IDOC) estimates that 2,500 – 3,000 people are held in solitary confinement in Illinois on any given day. The Federal Bureau of Prisons plans to open Thomson Supermax Prison in Thomson, IL by the end of the year, bringing 1,500 new solitary cells to the state.

The United Nations considers solitary confinement beyond 15 days torture and has called for its absolute prohibition. Many people in Illinois and throughout the US have spent decades in solitary. We say NO MORE.

All those opposed to solitary confinement are invited to rally on July 23rd outside the Thompson Center, home of IDOC before marching to the Federal Building. We demand an end to the torturous practice in Illinois, by both the state and federal government. We demand that the Illinois legislature hold a hearing to investigate solitary confinement, or what they call “Segregation” or “Administrative Detention”. We demand Thomson close its doors, as Tamms did 2.5 years ago.

This action is in solidarity with anti-solitary activists in California who have been organizing actions, events, teach-ins, and more on the 23rd of every month as part of a statewide campaign to end solitary confinement. They’ve chosen the 23rd of the month because people held in solitary spend at least 23 hours/day in isolation.
___________________________________
Learn more!  Read about Uptown People’s Law Center’s lawsuit against IDOC for their overuse of solitary confinement. Here’s
more info on Thomson Supermax. 
Chicago Action Details
Time: 5:00pm – 6:30pm CDT
Location: RALLY @ Thompson Center, 100 W Randolph St, Chicago, Illinois 60601, MARCH to Federal Building
Facebook event: https://www.facebook.com/events/511219215692757/

CULVER CITY / LOS ANGELES, CA:
Two years have passed since people confined in California’s Pelican Bay State Prison initiated (on July 8) a 60-day hunger strike to protest the conditions associated with the prison’s “security housing unit,” or SHU.  Four years have passed since the initial hunger strike began on July 1.

The California Department of Corrections and Rehabilitation (CDCR) continues to claim that “there is no ‘solitary confinement’ in California’s prisons and the SHU is not ‘solitary confinement,'” but people inside the Pelican Bay State Prison’s security housing unit say they remain locked in for at least 23 hours per day.

At this event, we will present If the SHU Fits-Voices from Solitary Confinement, and follow with a session to:
* Share Stories
* Discuss Strategies to make meaningful change and
* Take Action!

“If the SHU Fits” is produced by Dramastage Qumran, LA Laborfest, & Public Works Improvisational Theatre, and supported by the Bill of Rights Defense Committee (BORDC), National Religious Campaign Against Torture (NRCAT), and the Prisoner Hunger Strike Solidarity Coalition (PHSS).

The event is a part of the Statewide Coordinated Actions to End Solitary Confinement, a call by prisoners in solitary to their supporters outside to STOP THE TORTURE with events on the 23rd of each month, signifying the number of hours prisoners are kept in solitary.
HERE‘s the Culver City/LA flier!
Culver City Action Details
Time: 7:30pm – 9:30pm PST
Location: Peace Center, West 3916 Sepulveda Blvd., Culver City, CA90230
Contact person: Andy Griggs
For info, call 310-704-3217 or email lalaborfest@gmail.com
Facebook event: https://www.facebook.com/events/1453616404940842/

NAPLES, FLORIDA:
Demonstration in front of the Collier County Jail on the 23rd to End Solitary Confinement.  Details will be posted here soon!

NEW YORK, NY:
Campaign for Alternatives to Isolated Confinement invites you to a RALLY at UNION SQUARE on July 23rd.  (Meet by steps on  south side, by E. 14th and Broadway)

Every day in New York prisons and jails, there are more than 5,000 people in solitary confinement and other forms of extreme isolation. There, they spend 23 hours a day locked in a cell about the size of an elevator. In isolated confinement, people are left with nothing to do, no programs, no one to talk to, and no human touch. In these torturous conditions, people experience intense suffering and, often, severe psychological and physical damage. The United Nations Special Rapporteur on Torture determined that keeping a person in solitary more than 15 days is torture; New York regularly holds people in solitary for months and years, and sometimes decades.

Join us on the 23rd of every month in the fight to end solitary confinement. We are joining allies around the country who are holding monthly actions based on the recommendation of people incarcerated in Pelican Bay prison who led the momentous hunger strikes in California.

People in solitary need you.
Together we can HALT solitary confinement and end torture in New York State.
New York City Action Details
Time: 6:00pm EST
Location: Union Square- meet by steps on south side, by E. 14th and Broadway
Contact email: caicny@gmail.com
Website: http://nycaic.org/

OAKLAND, CA:
Thursday evening, July 23rd, the San Francisco MIME TROUPE will perform at Oakland’s Lake Merritt in back of the bandstand.

Please come volunteer to help set up the model SHU (mock solitary confinement cell) beginning at 3:30 PM.

We will distribute information and people can get a feel for the small space that 10’s of thousands of people are confined to 23+ hours a day, often for years.

Please call Penny (cell:  415-412-1969) to let us know if you can be with us for this important date. As the trial in the Pelican Bay class action lawsuit approaches in December, the public needs to know current news and see the model SHU again.

END LONG TERM SOLITARY CONFINEMENT !!
Oakland Action Details
Time: 3:30pm– Set up mock SHU
           5:00pm– Distribute literature and show mock SHU
Location: Lake Merritt, in back of Edoff Memorial Band Stand, Oakland, CA 94610
Contact email: phssreachingout@gmail.com
Contact person: Penny
For more info, call 415-412-1969

May 23rd Statewide Coordinated Actions To End Solitary Confinement- Locations & Details

fill in the details for your action!

Saturday, May 23 ACTIONS by location (alphabetical order)

If you don’t see your locale listed here, we haven’t received the details yet or YOU just might need to organize a simple action where you are!!

• Here are fliers and handbills to distribute.
• Check out our updated Universal Handbill for these actions!
• Email phssreachingout@gmail.com or click HERE to share your locale’s details and/or request printed materials be sent for your action.

Statewide Coordinated Actions To End Solitary Confinement (SCATESC) has a PHSS Facebook Event page.  SCATESC’s long list of Co-sponsors and Endorsers is below.

May 23 Locations & Details (so far)

ARCATA / MANILA, CA:
We will be gathering at the Manila Community Center in solidarity with the other statewide coordinated actions that are happening on the 23rd of every month.  Solitary confinement is rampantly used in California. We are a part of a prisoner-led movement including: family and loved ones of incarcerated people, students, lawyers, youth, teachers, doctors, activists, international and national organizations.

There are people of all ages and genders that are locked in solitary confinement, some for DECADES. With Pelican Bay, a notorious torture chamber, so close… come on May 23rd and help STOP THE TORTURE. You can help us pass out literature, get more involved in the struggle, show your solidarity, or just learn.  We will have an educational demonstration while people are waiting for the Kinetic sculptures in Manila.
HERE‘s the Manila flier!
Manila Action Details
Time: 12:00pm – 3:00pm
Location: outside area of Manila Community Center, 1611 Peninsula Dr. Arcata (Manila), CA
For more info: call 707-442-7465
Contact Person: Verbena
Contact Email: peoplesarc@gmail.com

LOS ANGELES, CA:
End Solitary Confinement for Youth in Detention
In juvenile facilities across California, children are held in solitary confinement for days, weeks, and months at a time. This unnecessarily harsh disciplinary practice harms young people and exposes them to a lifetime of psychological and developmental trauma.

At this event, we will present “If the SHU Fits-Voices from Solitary Confinement”, and follow with a session to:  * Share Stories  * Discuss Strategies to make meaningful change * Take Action!

Find out about SB 124 (Leno), which takes California in the right direction by placing limitations on the use of solitary confinement in juvenile justice facilities and encouraging them to explore more positive and developmentally appropriate methods for working with youth.

“If the SHU Fits” is produced by Dramastage Qumran, LA Laborfest, & Public Works Improvisational Theatre, and supported by the Bill of Rights Defense Committee (BORDC), National Religious Campaign Against Torture (NRCAT), and the Prisoner Hunger Strike Solidarity Coalition (PHSS).
HERE‘s the Los Angeles flier!
Los Angeles Action Details
Time: 3:00pm – 6:00pm
Location: Chuco’s Justice Center, 1137 E Redondo Blvd, Inglewood, CA
Facebook Event: https://www.facebook.com/events/1590359064569376/
For more info: call 310-704-3217
Contact Email: lalaborfest@gmail.com
Endorsing organizations for LA action include American Friends Service Committee-LA, Anti-Racist Action-LA, Café Intifada, Children’s Defense Fund of California, Progressive Christians Uniting (PCU), The WE Empowerment Center, Youth Justice Coalition

OAKLAND, CA–  
“We want to consider the idea of designating a certain date each month as Prisoner Rights Day…our supporters would gather in locations throughout California to expose CDCR’s actions and rally support efforts to secure our rights.” PBSP SHU Short Corridor Collective Human Rights Movement, Nov. 2013

Informational Demonstration: PLEASE come talk and help share information to STOP THE TORTURE that is solitary confinement.
HERE‘s the Oakland flier!
Oakland Action Details
Time: 12:30pm – 2:30pm
Location: Mosswood Park, on Webster St. side, near grills
Contact Email: phssoutreach@gmail.com

PENNSYLVANIA:
Pennsylvania (PA) groups support the Monthly CA Statewide Coordinated Action to End Solitary Confinement.

Join us in fasting for some or all of the May 23rd
in protest of the 23 hours of solitary confinement that tens of thousands of prisoners endure every day for months and years
and add your group to those committed to taking an action each month.

PA groups so far include Abolitionist Law Center; Global Women’s Strike; Human Rights Coalition Philly/Pittsburgh; Justice for the Dallas 6 Support Campaign; Payday men’s network; Women and Trans Prisoner Defense Committee; Fight for Lifers West, Inc.
Pennsylvania Action Details
Time: all day
Location: Pennsylvania
For more info in PA, call 215-848-1120
Contact emails: philly@globalwomenstrike.net, payday@paydaynet.org.

POINT REYES, CA:
We will be tabling with information about solitary confinement and the prisoner-led human rights struggle to end solitary confinement – torture- and to promote the Agreement to End Hostilities.
Point Reyes Action Details
Time: 11:00am – 3:00pm
Location: Downtown Point Reyes Station
For more info: call 415 663-6760
Contact Person: Kim Pollak
Contact Email: kimpollak@gmail.com

SAN DIEGO, CA:
STOP THE TORTURE! As part of the Statewide Coordinated Actions To End Solitary Confinement, we will have a May 23rd informational demonstration including photos of men in SHU, along with some who used to be in SHU but are now in General Population.  We will be talking and sharing information to STOP THE TORTURE of solitary confinement.
San Diego Action Details
Time: 12:00noon – 2:00 pm
Location: at Rosa Park (the park is next to library) in City Heights, San Diego
Contact Person: Martha Esquivel
Contact Email:  emartha42@yahoo.com

SAN FRANCISCO, CA:
This date, May 23, emphasizes the 23 or more hours every day that people are kept in solitary confinement in 7 x 11 foot concrete cells.  Organized, community-based pressure is a core strategy to end solitary confinement.  Please participate or visit this informational demonstration.  There will be many people lined up to visit Alcatraz.  Come help pass out information.
San Francisco Action Details
Time: 8:30am – 2:00pm
Location: Pier 33 (Bay St. and The Embarcadero, where people line up to go to Alcatraz island)
Facebook event: https://www.facebook.com/events/1579191362361202/
Contact Person Name: Kim Rohrbach
 For more info: call 510.863.0477

April 23rd Statewide Coordinated Actions To End Solitary Confinement- Locations & Details

fill in the details for your action!

APRIL 23 ACTIONS by location (alphabetical order)

If you don’t see your locale listed here, we haven’t received the details yet or YOU just might need to organize a simple action where you are!!

Here are fliers and handbills to distribute.
Check out our updated Universal Handbill for these actions!
Email phssreachingout@gmail.com or click HERE to share your locale’s details and/or request printed materials be sent for your action.

Statewide Coordinated Actions To End Solitary Confinement (SCATESC) has a PHSS Facebook Event page.
SCATESC’s long list of Co-sponsors and Endorsers is below.

April 23 Locations & Details (so far)

ARCATA, CA:
So close to Pelican Bay State Prison- a solitary confinement torture facility- we participate in these Statewide Coordinated Actions. We will have an informational demo to educate about the human rights atrocity of solitary confinement and strengthen the prisoner-led movement to stop the torture. Actions will continue on the 23rd of each month, locations TBA, corresponding to the 23 or more hours a day people are kept in solitary confinement.
Arcata Action Details
Time: 1:00pm – 3:00pm
Location: the Quad at Humboldt State University
For more info: call 707-442-7465
Contact Person: Verbena
Contact Email: peoplesarc@gmail.com

LOS ANGELES, CA:
Actions on the 23rd of every month in response to a call from the prisoners who went on hunger strike against isolation-torture for regularly scheduled building actions and organizing against long-term indefinite solitary confinement in the SHUs.
Los Angeles Action Details
Time: 12:00pm – 1:00pm
Location: Reagan State Bldg, 3rd & Spring Sts., L.A.
Facebook Event: https://www.facebook.com/events/1394087940914592/
For more info: call 323-636-7388
Contact Person: Michael Novick
Contact Email: <antiracistaction_la@yahoo.com>

OAKLAND, CA–   TWO events!! Daytime and Nighttime
Actions on this date, April 23rd, emphasize the 23 or more hours every day that people are kept in solitary confinement.  “We want to consider the idea of designating a certain date each month as Prisoner Rights Day…our supporters would gather in locations throughout California to expose CDCR’s actions and rally support efforts to secure our rights.” PBSP SHU Short Corridor Collective Human Rights Movement, Nov. 2013
Oakland Daytime Details
Informational Demonstration: PLEASE come help share information and hold a huge banner.  There will be thousands of passers-by that day at Laney College!
Time: 11:30am – 1:30pm
Location: parking lot side of Laney College, 8th Street, near the freeway
Contact Email: phssoutreach@gmail.com

Oakland Nighttime Details
Solidarity w/ The Prisoner Hunger Strikers Study Session:
Every week The Bay Area Solidarity Committee for Jalil Muntaqim hosts a Political Education Class “New Afrikan Prisoner Writings Study Sessions” from 5:30-7:30PM.  We will dedicate the April 23rd session in solidarity with the prisoner hunger strikers.  We will be reading and discussing “the five core demands” as well as the “Agreement to End Hostilities“.  We will also be dissecting different writings by Abdul Olugbala Shakur, Chairman & founder of George Jackson University. The event, hosted by The Bay Area Solidarity Committee For Jalil Muntaqim and George Jackson University, will end in an open mic and political hip hop Show.

Time: Political Education 5:30pm – 7:30pm,
Show/Open Mic 8:00 – 10:00pm
Location: “Qilombo” 2313 San Pablo Ave Oakland, CA
Group Website: https://www.facebook.com/committee.jalil
Contact Person: Shango Abiola
Contact Email: shangoabiola@gmail.com

POINT REYES, CA:
We will be tabling with information about solitary confinement and the prisoner-led human rights struggle to end solitary confinement – torture- and to promote the Agreement to End Hostilities.
Point Reyes Action Details
Time: 11:00am – 3:00pm
Location: Downtown Point Reyes Station
For more info: call 415 663-6760
Contact Person: Kim Pollak
Contact Email: kimpollak@gmail.com

Why The U.S. Won’t Let the U.N. Look Inside Its Prisons

After a half-decade and a mandate by the U.N. to investigate solitary confinement practices, U.N. torture rapporteur Juan Mendez had to find a backdoor into an American jail. Today, his findings are released in a report.

In 2010, Juan Mendez was appointed Special Rapporteur on Torture and other Cruel, Degrading and Inhumane Treatment by the United Nations. His mandate is wide in size and scope—to expose and document torture wherever it exists on the planet today.

Since the beginning of his mandate Mendez has made criticizing the overuse of solitary confinement a priority. In 2011, he issued a report stating that 22 or 23 hours a day alone in a prison cell for more than 15 days at a time can cause permanent, lasting psychological damage and can constitute torture.

This problem, he emphasized, is particularly severe in the U.S., where prisoners are routinely held under such conditions for months, years and even decades at a time. Many have never committed a violent crime.

Fast-forward five years. The U.S. government has yet to grant Mendez access to a single isolation pod in any U.S. prison. The clock is ticking. Mendez has a mere 20 months left of his term, and he has yet been able to substantiate his reports with a firsthand investigation.

“The U.S. was voted into the Human Rights Council—a position that carries with it an obligation to cooperate,” he says. When he speaks, Mendez wears a look of weary determination befitting of his post.

“I’m disappointed to still be waiting for the State Department to respond to my request. I’ve been waiting over two years.”

“That fact that he hasn’t received a response is contemptible,” says Laura Rovner, legal expert on prison conditions from University of Denver. “It puts the U.S. in the company of countries like Syria, Pakistan, and Russia that also have been unresponsive to requests for country visits.”

“Given the length of the delay,” Rovner continues. “You have to wonder about the reason, whether it’s motivated by concerns about what the Special Rapporteur will find inside these prisons.”

Then suddenly, last December, Mendez was allowed access to California’s Pelican Bay State Prison—a facility known for keeping inmates in isolation indefinitely in its Security Housing Unit (SHU).

This visit did not come about through the official channels Mendez had long been appealing to, however. Instead, he found a way in to one of the most notorious prisons in the country through a kind of backdoor.

Successful Motion in Court Strengthens CA Prisoners’ Case Against Solitary

For Immediate Release – March 10, 2015
Press Contact: Mohamed Shehk, Critical Resistance – 408.910.2618 – mohamed@criticalresistance.org

Oakland, CA – Pelican Bay prisoners named as plaintiffs in a class action lawsuit against the use of solitary confinement in California gained an important victory yesterday as U.S. District Judge Claudia Wilken ruled in favor of a motion filed by the plaintiffs’ counsel. The motion allows prisoners who have been in solitary confinement for more than 10 years, but have been transferred out of Pelican Bay State Prison since the lawsuit was first filed, to be eligible as class members in the case.

“Our success with this motion should be a strong message to the prison administration that its attempts to evade court review of its unconstitutional practices,” says Carol Strickman, co-counsel for the plaintiffs and Staff Attorney at Legal Services for Prisoners with Children. “Our goal in this case is to support the demand of prisoners to end the inhumane use of indefinite solitary, and no amount of legal shell games is going to stop us from achieving that goal.”

In June 2014, the court granted class action status to the case for prisoners held in Pelican Bay’s notorious Security Housing Units (SHU) for more than 10 years. Since then, the California Department of Corrections and Rehabilitation (CDCR) has attempted to weaken the case and repress political organizing by transferring prisoners out of Pelican Bay, thereby claiming that they are no longer eligible class members in the lawsuit.

The way forward to End Solitary Confinement Torture: Where’s the army?

Jan. 25, 2015
by Todd Ashker

On the subject of SHU and Ad-Seg constituting torture, for those of us who may not be familiar with the specifics and in light of CDCr’s steady stream of propaganda – saying, “We don’t operate any solitary confinement units or cells in the California penal system, nor do we torture anyone” – here’s a summary of relevant facts supporting our position that these SHU and Ad-Seg units and the operations thereof are designed (modeled) after techniques designed to break political prisoners as a control mechanism. They are intended to break prisoners via coercive persuasion into becoming state informants.

I’ll begin by asking you a simple question?

Why is it that CDCr is able to get away with portraying PBSP SHU (Pelican Bay State Prison Security Housing Unit) prisoners as the “worst of the worst” sub-human monsters ever encountered in modern times as justification for their policies and practices of treating said prisoners as sub-human via decades of what is clearly a form of solitary confinement with sensory deprivation – and yet, as soon as these men agree to become state stooges via debriefing, they are no longer a threat and are released to the sensitive needs yard (protective custody) general population prison of their choice?

One of the main reasons they are able to continue to get away with their BS is the failure of the people to hold the lawmakers responsible.

I’ve been in the SHU for 28.4 years, to date, 24.7 years of which has been here in PBSP-SHU. [Editor’s note: This was written Dec. 30, 2014.] I’ve been challenging prison conditions in the courts since 1988, which is viewed as challenging prisoncrats’ authority, and up until our 2011 hunger strike protest, I’d never been formally charged with a gang related rule violation. (During our hunger strike I was issued two rule violations classified as serious. They were for: a) having a photo of my longtime friend; and b) a letter that someone had sent me, a stranger who represented herself as a supporter of our cause and wanted to be a pen pal. Staff gave me the letter, and then came around later and confiscated it and wrote me up.)

The above is intended to put the following into some perspective: Based on my personal experience in PBSP SHU during the past 24.7 years, I’ve experienced many techniques designed to break me. One is isolation from my social group. This is a tactic used here by prisoncrats to physically remove those prisoners deemed “problematic” to areas sufficiently isolated to effectively break or weaken close emotional ties, along with segregation of all natural leaders.

I’ve been challenging prison conditions in the courts since 1988, which is viewed as challenging prisoncrats’ authority, and up until our 2011 hunger strike protest, I’d never been formally charged
with a gang related rule violation.

What prisoncrats like to do is claim that this place can’t be considered a solitary confinement unit because you have eight cells to each pod and thus the prisoners in each pod are able to talk to each other. But here is how it actually operates. If you are deemed a “problematic” prisoner by any of the staff – for example, if you are a prisoner who is constantly challenging the prisoncrats’ policies and practices – their way of subjecting you to an informal form of punishment or to try to break you is to put you in a pod where there are no other people of your social group.

Artwork accompanies writing at this SF Bay View link
http://sfbayview.com/2015/01/the-way-forward-to-end-solitary-confinement-torture-wheres-the-army/

Feb. 12, 2015: Important Hearing in SHU Lawsuit

In Ashker v. Brown, we will prove that ten years in solitary confinement in the Pelican Bay SHU is cruel and unusual punishment (violating the 8th Amendment).

In an end-run around our lawsuit, CDCR has been transferring hundreds of prisoners out of that SHU.  This is good news for some, but many prisoners are simply being transferred to other SHUs, most notably to Tehachapi.  Four of our ten named plaintiffs have been moved there.  Because the judge previously defined our 8th Amendment class as prisoners presently at Pelican Bay SHU for ten years or more, these plaintiffs and others are no longer considered part of the class.

In response, we recently filed a motion to expand the reach of the solitary confinement lawsuit to include prisoners who have spent 10 years or more at Pelican Bay SHU but have recently been transferred to other California SHUs.
As we wrote:

“the cruel and unusual treatment they experienced, and its debilitating effects, have not abated, but instead continue under a different name in a different prison.”

CDCR should not be able to thwart our 8th Amendment claim by transferring these long-suffering prisoners to a different SHU.  These prisoners should be released from SHU, not moved to a different SHU.  Granting our motion will give the court jurisdiction over these prisoners so that, when we succeed at trial, they will be included in the relief that the court orders.

Please attend the hearing on Plaintiffs’ (Prisoners’) Motion to Amend the Complaint.  Your presence in the courtroom shows the judge that we care and are paying attention to decisions made about the torture in the SHU.

DATE: Thursday,  Feb. 12, 2015
TIME: 2:00 p.m.
ADDRESS: U.S. District Court in Oakland, 1301 Clay Street (federal courthouse)
COURTROOM: Dept. #2,  4th Floor, Hon. Claudia Wilken, presiding

Information explaining the motion came from Carol Strickman,Staff Attorney, Legal Services for Prisoners With Children and Co-Counsel for Plaintiffs in Ashker v. Brown

Important Alert: Fight the return of the new prison censorship rules

We called for your help in June,  and we’re calling for it again.  Last month, California Department of Corrections & Rehabilitations (CDCR) issued revisions to its proposed “obscene materials,” i.e. censorship regulations published earlier this year.This was in response to hundreds of public comments submitted to CDCR by CURB members and members of the public. CDCR promised to go back to the drawing board, saying the public had misunderstood its intent.This shows our collective people power! Yet, the revisions recently made by the Department are superficial and fail to address the serious concerns so many of us raised in our public comments. If the proposed regulations are approved, CDCR will be able to permanently ban any publications it considers contraband, including political publications and correspondence that should be protected by First Amendment constitutional rights.

The proposed regulations are designed to:

1. Censor writings that educate the public about what is actually occurring inside the prisons,
2. Stifle the intellectual, personal and political education and development of those incarcerated,
3. Stifle efforts by prisoners to nonviolently organize, and
4. Expand the CDCR’s ability to arbitrarily cut off its wards from direly needed contact and support coming from outside, thus further isolating them.

Please weigh in and speak out against these regulations. The public comment period is open until 5pm on November 10. Resources to help craft a letter are provided at the action page.

Spread the word on Facebook and ask your friends, family, neighbors, pastor, school class, place of worship, and organizations to write also. Then take action on Monday by joining fellow CURB organizations Flying Over Walls and The Transgender, Gender Variant & Intersex Justice Project (TGIJP) and PHSS make mass phone calls to CDC voicing our criticisms!

Thank you for everything you do and for your initial round of public comments in June.

Fact Sheet – CDCR Censorship Regulations – Nov 2014 PDF