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Prisoners in California will no longer be kept in windowless boxes indefinitely. That improves the lives of 3,000 people. It also brings California into line with the practices of virtually all other states. This is landmark.
Many groups were involved in the support of the plaintiffs in the class action suit. Legal Services for Prisoners with Children put out a press release. Below I copy the press release of the Prisoner Hunger Strike Solidarity group.
PRESS RELEASE
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.
Prisoner Hunger Strike Solidarity (PHSS) coalition members commemorating the first anniversary of the 2013 hunger strike suspension.
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.
Drawn by Michael D. Russell, Pelican Bay SHU
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.”
Drawn by Carlos Ramirez while in Pelican Bay SHU
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.
By Chris Garcia, drawn while in Pelican Bay SHU.
The NYCLU created a mock prison cell to show what life is like in solitary confinement. Kathleen Horan/WNYC
Today resumed a hunger strike by the prisoners of California’s Pelican Bay State Prison SHU (Secure Housing Unit). In solidarity, prisoners across the nation have also joined.
The main issue at hand is solitary confinement. Namely, its longterm use. UN Special Rapporteur on Torture, Juan Mendez, stated that any time over 15 days in solitary confinement constitutes torture. Yet California prisoners have been caged in solitary for 10 to 20 years or more. In addition, the prisoners kept under solitary confinement ask for nutritious food and the same educational programming accessible to prisoners in the general populations of state prisons.
Solitary confinement is an invisible cancer to those outside the system and a terror to those within it.
The prisoners — who refer to themselves at The Short Corridor Collective — are returning to protest that began two years ago. Neither Phase One (July/August 2011) and Phase Two (Sept/Oct 2011) secured the policy changes desired, despite promises from the California Department of Corrections to address the specific issues and reasonable demands made. In 2011, over 6,000 California prisoners went on hunger and work strike making it one of the largest peaceful protests in U.S. prison history.
The Pelican Bay State Prison SHU Short Corridor Collective state:
Our decision does not come lightly. For the past 2 years we’ve patiently kept an open dialogue with state officials, attempting to hold them to their promise to implement meaningful reforms, responsive to our demands. For the past seven months we have repeatedly pointed out CDCR’s failure to honor their word—and we have explained in detail the ways in which they’ve acted in bad faith and what they need to do to avoid the resumption of our protest action.
Five core demands
1. Eliminate group punishments. Instead, practice individual accountability. When an individual prisoner breaks a rule, the prison often punishes a whole group of prisoners of the same race. This policy has been applied to keep prisoners in the SHU indefinitely and to make conditions increasingly harsh.
2. Abolish the debriefing policy and modify active/inactive gang status criteria. Prisoners are accused of being active or inactive participants of prison gangs using false or highly dubious evidence, and are then sent to longterm isolation (SHU). They can escape these tortuous conditions only if they “debrief,” that is, provide information on gang activity. Debriefing produces false information (wrongly landing other prisoners in SHU, in an endless cycle) and can endanger the lives of debriefing prisoners and their families.
3. Comply with the recommendations of the US Commission on Safety and Abuse in Prisons (2006) regarding an end to longterm solitary confinement. This bipartisan commission specifically recommended to “make segregation a last resort” and “end conditions of isolation.” Yet as of May 18, 2011, California kept 3,259 prisoners in SHUs and hundreds more in Administrative Segregation waiting for a SHU cell to open up. Some prisoners have been kept in isolation for more than thirty years.
4. Provide adequate food. Prisoners report unsanitary conditions and small quantities of food that do not conform to prison regulations. There is no accountability or independent quality control of meals.
5. Expand and provide constructive programs and privileges for indefinite SHU inmates. The hunger strikers are pressing for opportunities “to engage in self-help treatment, education, religious and other productive activities…” Currently these opportunities are routinely denied, even if the prisoners want to pay for correspondence courses themselves. Examples of privileges the prisoners want are: one phone call per week, and permission to have sweatsuits and watch caps. (Often warm clothing is denied, though the cells and exercise cage can be bitterly cold.) All of the privileges mentioned in the demands are already allowed at other SuperMax prisons (in the federal prison system and other states).
You can download full text document of the demands here.
WHAT YOU CAN DO
Sign the petition.
Involvement in the July 13th Mass Mobilization!
Plan a solidarity action!
Follow! On Twitter and on Facebook
Use your imagination and your skills; talk to your family and friends about it, and maybe provide them with a handful of shocking facts about the psychological torture that is solitary ? (See below)
Don’t get despondent, get angry.
WHAT IS SOLITARY CONFINEMENT?
In California, nearly 12,000 imprisoned people spend 23 hours-a-day living in a concrete cell smaller than a large bathroom. Across the United states it is conservatively estimated that 20,000 people are in solitary every day. It could be as high as 70,000; it depends on definitions related to time and contact.
In California solitary cells have no windows, no access to fresh air or sunlight. People in solitary confinement exercise an hour a day in a cage the size of a dog run. They are not allowed to make any phone calls to their loved ones. They cannot touch family members who often travel days for a 90 minute visit. They are not allowed to talk to other imprisoned people. They are denied all educational programs, and their reading materials are censored.
UNFATHOMABLE SCALE AND WIDESPREAD USE
“The [psychological and cognitive effects of long term isolation] is not something that’s easy to study, and not something that prison systems are eager to have people look at,” says Craig Haney, psychology professor at the University of California at Santa Cruz, who notes that the widespread use of solitary is a very modern phenomena.
We have an overwhelmingly crowded prison system in which the mandate to rehabilitate and provide activities for prisoners was suspended at the same time as the prison system became overcrowded. Not surprisingly, prison systems faced with this influx of prisoners, and lacking the rewards they once had to manage and control prisoner behavior, turned to the use of punishment. And one big punishment is the threat of long-term solitary confinement. They’ve used it without a lot of forethought to its consequences. That policy needs to be rethought.
Writing for the New Yorker (Hellhole) in 2009, physician Atul Gawande quoted extensively from Haney’s research and added:
After months or years of complete isolation, many prisoners “begin to lose the ability to initiate behavior of any kind—to organize their own lives around activity and purpose. Chronic apathy, lethargy, depression, and despair often result. . . . In extreme cases, prisoners may literally stop behaving” (Haney). [They] become essentially catatonic.
Keep yourself informed; keep progressing; keep honest; follow news on the Prisoner Hunger Strike Solidarity website.
In solidarity, Pete.
Editor’s note: I’ve broken with the PPOTR chronology to bring you Dispatch #12. The decision was made because of the time sensitivity of the issue at hand – California’s Prisoner Hunger Strike. Dispatches 6 to 11 will follow shortly.
“I think the tragedy of this situation is not the prisoners willingness to give up their lives, I think the tragedy is that the CDCR does not see them as human beings,” says Isaac Ontiveros, Communications Director for Critical Resistance and part of the press team for the Prisoner Hunger Strike Solidarity (PHSS) coalition.
The PHSS is made up of grassroots organizations & community members committed to amplifying the voices of hunger strikers.
The strike originally ran from July 1st – July 22nd. It was suspended briefly to investigate the viability of concessions made by the California Department of Corrections and Rehabilitation. These were unsatisfactory and the strike resumed September 26th.
LISTEN TO OUR CONVERSATION AT THE PRISON PHOTOGRAPHY ON THE ROAD PODBEAN PAGE
Ontiveros and I spoke on October 11th, day 15 of the resumed hunger strike.
TIMELINE OF THE CALIFORNIA PRISONERS’ HUNGER STRIKE
For three weeks in the month of July, 6,600 California prisoners* took on a hunger strike against the conditions of solitary confinement at Pelican Bay & other prisons. The strikers made five demands: access to programs, nutritious food, an end to collective punishment, compliance with the US Commission on Safety and Abuse (2006), and an end to the “debriefing” practice that affiliates prisoners to gangs; a process vulnerable to manipulation and false evidence.
Late in July, the strike was suspended but due to the slow and “inadequate” response of the California Department of Corrections and Rehabilitation’s response it was clear there was a need for the protest to resume. On September 26th the strikers refused meals once more.
On October 15th, after nearly three weeks, the prisoners at Pelican Bay ended the resumed strike.
The prisoners cited a memo from the California Department of Corrections and Rehabilitation (CDCR) detailing a comprehensive review of every Security Housing Unit (SHU) prisoner in California whose SHU sentence is related to gang validation. The review will evaluate the prisoners’ gang validation under new criteria and could start as early as the beginning of next year. “This is something the prisoners have been asking for and it is the first significant step we’ve seen from the CDCR to address the hunger strikers’ demands,” says Carol Strickman, a lawyer with Legal Services for Prisoners with Children, “But as you know, the proof is in the pudding. We’ll see if the CDCR keeps its word regarding this new process.” (Source)
Ontiveros and I discuss the history of hunger strikes, the unprecedented scope of the strike in the U.S., the necessity of the demands, late summer negotiations and retaliations by the CDCR and the need for continued awareness of this still developing struggle.
In the context of the sit-in within the Georgia prison system in December of last year, the California hunger strike indicates a growing political awareness of U.S. prisoners to their conditions and invisibility. “Our bodies are all we have left,” says Ontiveros assuming the position of an incarcerated striker.
Generally, prison strikes can be played down by authorities and overlooked by national mainstream media. As our discussion proves, awareness of the details in cases such as this are critical. We cannot wait for deaths to be knowledgable of the issue. Please watch developments in California to see if meaningful results for the CDCR and prisoners can be agreed upon and shared.
*6,600 is an official estimate, and the lowest possible figure. Some reports put the figure at nearly double that at 12,000.
PRISONER HUNGER STRIKE SOLIDARITY
Coalition partners include: Legal Services for Prisoners with Children, All of Us or None, Campaign to End the Death Penalty, California Prison Focus, Prison Activist Resource Center, Critical Resistance, Kersplebedeb, California Coalition for Women Prisoners, American Friends Service Committee, BarNone Arcata and a number of individuals throughout the United States and Canada. For more info on these organizations, visit PHSS’ resources page.
CRITICAL RESISTANCE
Critical Resistance seeks to build an international movement to end the Prison Industrial Complex by challenging the belief that caging and controlling people makes us safe. We believe that basic necessities such as food, shelter, and freedom are what really make our communities secure. As such, our work is part of global struggles against inequality and powerlessness. The success of the movement requires that it reflect communities most affected by the PIC. Because we seek to abolish the PIC, we cannot support any work that extends its life or scope.
Prison Photography 