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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CALL TO ACTION from PHSS Committee to End Sleep Deprivation – THURS. FEB 8, 2018

Thurs. Feb 8, 2018

9:00am: RALLY & PRESS CONFERENCE outside the Courthouse

10:00am: COURTROOM SOLIDARITY (Crtrm 2, 17th Floor) with the prisoners who brought these cases

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

3:14-cv-02767-VC – Lipsey v. Norum et al
3:15-cv-05756-VC – Suarez v. Beard et al

On Feb 8, 2018, in the Federal Courthouse in San Francisco, the California Department of Corrections and rehabilitation (CDCr) will argue for the court to dismiss civil rights cases brought by Christopher Lipsey and Maher Suarez, who are imprisoned in California. The men’s cases challenge the constitutionality of the loud “security/welfare checks” that are done every 30 minutes in CA solitary units, causing serious sleep deprivation and other harms for the people in those units, and, as the lawsuits claim, constitute cruel and unusual punishment. (The guards do no checking on top of that). The lawyers for Christopher and Maher will argue that the case against CDCr administrators, guards, and wardens, must move forward. (HERE is a link to Christopher and Maher’s Opposition to CDCR’s motions to dismiss)

We are mobilizing support for the prisoners’ cases. Please be in the courtroom on Feb 8, and also outside, before court, for a Rally and Press Conference.

2-sleep dep CA prisons-POSTER

artwork by R.T. 2016

We have received many letters over the past two+ years from people in 14 different CA prisons describing the loud, disruptive “checks,” every 30 minutes/24 hours a day (now every 60 minutes at night in Pelican Bay SHU), and the mental and physical health problems the “checks” are causing or exacerbating. The courthouse is one place where we can amplify the voices of prisoners, expose the torture of the “checks” to society at large, and apply pressure for the “checks” to cease.

Christopher Lipsey started his case in 2014. He has been enduring the “checks” for over 3 years.

Let’s come together at the SF Federal Courthouse on Feb 8th in strong solidarity with all those who are suffering from the “checks,” and who cannot be in the courtroom or outside rallying and speaking about their experience. Let’s make a powerful showing against torture at the SF Federal Courthouse!

Our Committee has a number of purple t-shirts which will be available to wear at the rally and in the courthouse to show our solidarity with the prisoners. Please wear purple if possible!

Read more about the so-called “security/welfare “checks” at the Sleep Deprivation tab on the Prisoner Hunger Strike Solidarity Coalition’s website.

Recent article: The Policy of the Cruel and Absurd: Sleep Deprivation in California’s Prisons

If you have questions or want to give or get a ride to the SF Courthouse, please call or text Verbena at 707.267.4757.

Note: You must show ID and go through a metal detector to get inside the Federal Bldg./Courthouse.

See you on Thursday in San Francisco!

Policy of the Cruel and Absurd: Sleep Deprivation in California’s Prisons

By Charlie Hinton, Verbena Lea, and Willow Katz

In prison isolation units throughout California, guards wake prisoners up every 30 minutes under the guise of suicide prevention. These “security/welfare checks” cause ongoing sleep deprivation. The United Nations and many sleep and mental health experts have long defined sleep deprivation as a form of torture, and sleep deprivation often is used as a torture technique for prisoners of war. So California tortures its prisoners to prevent them from killing themselves.

Dr. Jamie Zeitzer, Ph.D., an expert in sleep and circadian rhythms, concluded in a 2015 report:

“The current practice of 30 minute … checks of inmates housed in the [Security Housing Units] is likely a cause of severe sleep disruption … The mandated purpose of these … checks (i.e. suicide prevention) is, in fact, likely to have the opposite effect and inadvertently increase suicidality in these individuals … There have been no direct studies of intentionally waking an individual every thirty minutes every night for days, weeks, or months, as doing so would be considered highly unethical in a research environment.”

Yet this is the reality for people housed in California’s Security Housing Units (SHUs), Administrative Segregation Units (Ad-Segs/ASUs), Condemned Units (death row) and Psychiatric Services Units (PSUs). In these solitary confinement cells, prisoners are kept alone 24 hours a day with no direct contact with other people — except guards. Known effects of such isolation include suicidal thoughts and behavior, yet the California Department of Corrections and Rehabilitation (CDCR) fails to provide adequate, if any, mental or physical health services. Instead, it keeps people locked up in brutally oppressive conditions, and jars them awake every 30 minutes, purportedly to see if they’ve committed suicide.

artwork by R.T. 2016

CDCR does not even acknowledge that prolonged isolation is torture and psychologically harmful. They use the “checks” as a blanket practice, whether or not prisoners are suicidal and despite the fact that sleep deprivation increases the risk of suicide. In CCWF death row, where the checks began in May 2014, there has not been a suicide since 1991 [pg 6 in link]; in Pelican Bay SHU where the checks began in August 2015, there has been one suicide in 13 years. Prisoners point out these histories as they question the purpose of the “checks.” These “checks” only exacerbate CDCR’s abuse of prisoners and historic refusal to compassionately treat prisoners dealing with serious mental health issues, including suicide.

“CO’s can save lives by talking to potentially suicidal inmates…”1 Good interpersonal communication skills by guards are consistently recommended to prevent suicides in prison, but such skills are rare in CA prisons. Admitting suicidal feelings to prison staff will, ironically, subject prisoners to the brutality of “suicide watch.” Prisoners report that guards use the “security/welfare checks” to be as loud and disturbing as possible.

Paradoxically, these so-called “security/welfare checks” come as the result of a settlement, theoretically a victory to improve the conditions of prisoners, in a federal class-action lawsuit, Coleman v. Governor of CA. The Coleman court determined that California prison officials did not provide adequate mental health care, thus violating prisoners’ Eighth Amendment protection from cruel and unusual punishment.

The judge appointed Matthew Lopes as Special Master to oversee CDCR’s implementation of Coleman reforms for 35,000 prisoners with serious mental illness, and Lopes brought in “suicide expert” Lindsay Hayes as a consultant. Just prior to becoming the “suicide expert” under the Coleman Special Master, Hayes worked as a consultant for the defendant — the California Department of Corrections and Rehabilitation itself. Hayes endorses the 30-minute checks.

Even as he receives letters from prisoners suffering from the checks and those who support the prisoners from the outside, he has not responded, or, to our knowledge, recommended a change.
The California State Auditor recently released a report on suicides in CA prisons commissioned by the Joint Audit Committee of the CA legislature (http://tinyurl.com/yca9tvf5.) While the report concludes that “It [CDCR] Must Increase Its Efforts to Prevent and Respond to Inmate Suicides,” it does not address prison conditions – like brutal and racist guards and administration, solitary confinement, and the horrific “suicide watch,” when prisoners considered suicidal are “allowed only a no-tear smock or gown, a safety mattress, and a no-tear blanket. All furniture is removed, [and] staff must provide continuous, direct visual observation as well as nursing checks every 15 minutes,” instead of any kind of humane and compassionate care.

A representative from the Auditor’s office had contacted our committee for input. We provided written descriptions of the “security/welfare checks”, documentation from prisoners in 13 prisons describing the checks as torture and explaining the harm to their mental and physical health, and material opposing the checks from 3 sleep experts and the American Public Health Association. Nevertheless, the audit completely ignored the input of our committee and all “advocacy groups,” and apparently the auditor did not seek any input at all from prisoners. The report has little mention of the “security/welfare checks,” except to say 2 of the 4 prisons the Auditor examined “did not conduct these checks as required.” The report refers frequently, however, to the “suicide expert,” and calls for his recommendations to be implemented, clearly indicating support for the “security/welfare checks”.

Other experts, however, have recommended the checks be halted:

“Repeated intrusions, especially to nightly sleep, lead to a variety of negative physical, cognitive and emotional consequences, adding to the already well-documented harms of solitary confinement.… There are other strategies for suicide prevention that can be pursued in prison contexts that do not result in the suffering caused by th[is] approach …” — Jail and Prison Health Committee, American Public Health Association

“This level of [interrupted] sleep has been shown to have profound effects on cognitive performance, memory, mood, immune function, pain sensitivity, metabolism, and other parameters.… Importantly these effects accumulate across time. Thus as these checks are done nightly their negative effects will become greater across time … There is much research on disturbed sleep in Intensive Care Units in hospitals. Checking on patients for their safety has resulted in many ill effects. Today there are many initiatives to overcome the negative effects of this safety monitoring.”Dr. Thomas Roth, PhD Chief, Sleep Disorders and Research Center, Henry Ford Hospital

“A recent series of studies in Veterans has further pointed to the strong connection between suicidality and sleep, so much so that treatment of sleep problems in Veterans is considered part of the first line of treatment in reducing the risk of suicides.” — Dr. Jamie Zeitzer, PhD. Stanford University and the VA Palo Alto Health Care System

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“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.

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March 23: HIP HOP FOR CHANGE and PHSS Event!

Please join Hip Hop for Change and Prisoner Hunger Strike Solidarity Coalition (PHSS) for an evening of powerful Spoken Word and discussion from 6pm to 9pm at the Niebyl-Proctor Library in Oakland, CA.  

This event is in solidarity with the CA prisoners who challenged the torture of solitary confinement and created the historic Agreement to End Hostilities.  We hope to help cultivate strong community connections inside and outside prisons and grow community support in the prisoner class struggle.  The work to end solitary confinement and create true social justice continues.  Social justice does not include destroying lives, families and communities with incarceration, isolation, and torture. 

Right now we must stop the cruel Sleep Deprivation that began many months ago against people in solitary at Pelican Bay and CA Central Women’s Facility.

Saturday, March 23rd is a day of Statewide Coordinated Actions To End Solitary Confinement and, nationwide, groups are conducting actions as part of Together to End Solitary. This event in Oakland is connected to a nationwide momentum to end solitary confinement.

Please share the Facebook event:
https://www.facebook.com/events/973551582700324/

EVENT DETAILS:
Wednesday, March 23, 2016
6:00pm – 9:00pm
Niebyl-Proctor Marxist Library 6501 Telegraph Ave, Oakland, California 94609
Donations gladly accepted
For more info:  510.426.5322, jp@hiphopforchange.org, phssreachingout@gmail.com
hiphopforchange.org
prisonerhungerstrikesolidarity.wordpress.com  

PHSS is excited to collaborate with Hip Hop for Change!  For three years, Hip Hop for Change has been educating youth about social justice issues, Hip Hop culture, history, and the power of self-expression!!! They volunteer with organizations that are uplifting historically marginalized community, they start gardens and donate thousands of hours. Hip Hop for Change throws Hip Hop shows that provide platforms for artists with empowering social justice-oriented narratives!!! 

Sleep Expert Reports about 30 minute “welfare checks”

 

excerpted from Dr. Jamie Zeitzer’s Oct 2015 Report:
” …While this was instituted as a safety measure, including the prevention of suicides, it has created an even more disrupted sleep environment, one that will actually lead to an increase in suicidal ideation…

An extensive literature that covers the gamut from animal studies to highly controlled studies in humans to epidemiologic studies of many different populations from around the world all come to the same conclusion – there are serious ramifications of sleep loss on both physical and mental health. … A recent series of studies in Veterans has further pointed to the strong connection between suicidality and sleep, so much so that treatment of sleep problems in Veterans is considered part of the first line of treatment in reducing the risk of suicides. The negative health consequences of inadequate sleep has 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. …

There have been no direct studies of intentionally waking an individual every thirty minutes every night for days, weeks, or months, as doing so would he considered highly unethical in a research environment. …”

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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

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

Mon, Dec 28 Rally in San Francisco: STOP SLEEP DEPRIVATION TORTURE at PELICAN BAY!

RALLY MON. DEC. 28, 2015, 10AM in SAN FRANCISCO,
AND MAKE PHONE CALLS.
Share the Facebook event and invite your friends!

Join the Prisoner Hunger Strike Solidarity Coalition on Monday, December 28th outside the San Francisco Federal Courthouse (450 Golden Gate Ave, San Francisco, CA 94102) for a rally against the so-called “welfare checks, that since August 2nd, have been waking up men in Pelican Bay SHU (solitary confinement) every 20-30 minutes, 24/7.

As of December 28th, these men will have been tortured with sleep deprivation for 148 days!

Lawyers and CDCr officials will be meeting inside SF Federal Court at 11:00am. We want to show them that these checks are TORTURE and that they need to STOP NOW!

We know that interrupted sleep can cause serious mental and physical health problems. John R. Martinez, who has been in Pelican Bay SHU for over a decade, …wrote: “…there is a reasonable probability that life-threatening injuries and/or even death is inevitable, as medical symptoms are only worsening but not being treated.”  CDCr claims the checks are to prevent suicide, but knowing these detrimental effects of sleep deprivation, we’re worried the checks could actually lead to someone committing suicide or developing permanent disabling, and potentially terminal illnesses and conditions.

OTHER ACTIONS you can take (without leaving your home!):

1. Call to advocate for the 30 minute checks to stop, stating that sleep deprivation is torture. Some offices may require your name, city, and zip code.

•CDCR Secretary’s Office: 916-323-6001
•CDCR Director of Adult Divisions, Kelly Harrington (he): 916-445-7688
•Senator Loni Hancock, Chair of the Senate Public Safety Committee: 916-651-4009
•Assembly Member Bill Quirk, Chair of the Assembly Public Safety Committee: 916-319-2020

2. Forward this information to your networks to make it known widely that this torture may continue unless we, along with allied lawyers, put pressure to stop it!

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