Tag: cruel and unusual punishment

Some nine months after allowing certification of two classes in Ashker v. Brown, Judge Claudia Wilken issued her written order granting Plaintiffs’ Motion for Leave to File a Supplementary Complaint on March 9, 2015. Pursuant to the order, a supplemental class of plaintiffs – those who’ve spent 10 years or more in Pelican Bay State Prison’s SHU but have recently been transferred to other California SHUs – may proceed with their Eighth Amendment claims as class representatives.

Today the Fifth Circuit has ruled that Texas may not proceed with the scheduled execution of Robert Campbell, a man whose lifelong mental retardation was not proven until new evidence, long hidden by prosecutors and the Texas Department of Criminal Justice, very recently came to light. According to the U.S. Supreme Court’s 2002 decision in Atkins v. Virginia, he is ineligible for the death penalty.

On July 8, 2013, 30,000 prisoners of the California prison system – and hundreds more across the United States – refused meals to take a stand about the conditions of prisoners in the various forms of solitary isolation – approximately 14,000 human beings in California alone. It was the third hunger strike in California in two years. Dozens of prisoners deprived themselves of solid food for 60 days. One prisoner died.

Our Five Core Demands of the hunger strikes have not been met. And we see that reform always equals revisionism, which means it’s no change. The food has literally gotten worse, although for a month they attempted to adequately feed us. The medical care continues to be inadequate. The educational programs and privileges are not afforded, and prisoners are still made to suffer in these inhumane conditions, now familiar to us for years on end.

This is a glimpse into torture by prison staff, using any means available, of which solitary confinement at Pelican Bay State Prison in California is only a reflection of the inhumane treatment and clear U.S. constitutional violations of our First, Fifth, Eighth and 14th Amendment rights that prisoners in solitary everywhere are subjected to.

There are hundreds of prisoners who have been falsely validated as members or associates of prison gangs that can viscerally relate to my experience, from living life as an outlaw in society to being prosecuted and convicted to prison, only to be persecuted while in prison, fundamentally for educating oneself by trying to heighten one’s sense of cultural and social awareness.

“My talk with Maroon today was very moving. There are no words to adequately convey the significance of his release to the general population for him and his family. This is a significant victory for a growing people’s movement against solitary confinement and the human rights violations inherent in mass incarceration. If we continue to work hard and support one another in this movement, these victories could very well become a habit.”

Gov. Brown’s reaction to the U.S. Supreme Court's rejection of his appeal was to announce that he would reduce the state prison overcrowding by 1) leasing county jail space in local areas, 2) obtain contracts with private prison operators and 3) send prisoners in California prisons to out-of-state facilities. These three approaches, he said, will allow the CDCR to avoid early release for the nearly 10,000 inmates.

Amnesty International has announced that, for the first time, it has put a U.S. prisoner on the list of 10 cases that it will ask people around the world to advocate for in their Write for Rights Global Write-a-thon on International Human Rights Day, Dec. 10. The U.S. prisoner is 68-year-old Albert Woodfox, the final member of the Angola 3 still in solitary confinement in a Louisiana state prison.

Potosi Correctional Center prisoners are in desperate need of assistance from any and all outside organizations, politicians, agencies, state representatives, officials, media, investigative agencies etc. Please assist us to make prison officials cease their transgressions and malicious violations of our federally and state-protected rights and cease continuing restrictions of confinement.

This morning we lost without a doubt the biggest, bravest and brashest personality in the political prisoner world. On Oct. 4, 2013, Herman Wallace, an icon of the modern prison reform movement and an innocent man, died a free man after spending an unimaginable 41 years in solitary confinement. Herman spent the last four decades of his life fighting against all that is unjust in the criminal justice system, making international the inhuman plight that is long term solitary confinement and struggling to prove that he was an innocent man.

On Sept. 26, lawyers from the Center for Constitutional Rights (CCR) urged a federal judge to grant class action status to a lawsuit challenging prolonged solitary confinement in California prisons. The case, Ashker v. Brown, was filed on behalf of 10 prisoners in the Security Housing Unit (SHU) at the notorious Pelican Bay State Prison who have spent over 10 years, and as many as 29 years, in solitary confinement.

I am a 55-year-old New Afrikan man. I came to prison in 1980 for a first degree murder that I did not commit. The prosecutor, judge, victim’s family and my family know that I did not commit this murder. How is it that I can say it as a matter of fact? Because the actual killer confessed to the murder during the trial, did the time for the murder and he has since been released in 1986.

I am very familiar with the serious medical issues involved with the long term and short term care of these SHU patients in solitary confinement that are both very deleterious to human health and not very visible to people who are not insiders and familiar with this environment at PBSP. Many of these issues have not penetrated the ongoing public discussion of the ongoing and created health care consequences of solitary confinement in the SHU at PBSP.

Representatives of the Short Corridor Collective at Pelican Bay State Prison’s Security Housing Unit have based their decision on a meeting with fellow prisoners at the prison, the growing international condemnation of California’s practice of solitary confinement, as well as the commitment of California Senate and Assembly Public Safety Committee Chairs Loni Hancock and Tom Ammiano to convene a series of hearings in response to the strikers’ demands that would “address the issues that have been raised to a point where they can no longer be ignored.”

Should the Commission grant this request for a hearing, we will provide the Commission with testimony from prisoners, as well as oral presentations by family members of prisoners, advocates and lawyers. We would ask that the Commission recommend to the United States government and the state of California that they immediately take all measures necessary to address grave violations of human rights in the prison system.

As California legislators return to work this week, prisoner hunger strike family members, loved ones, advocates and supporters will gather at the Capitol to urge state decision makers to take swift and resolute action toward meeting the demands of the strikers. Waiting for the legislators on the Capitol’s south steps will be a life-sized mock Security Housing Unit (SHU) cell.

SHU prisoners in California are not allowed to call home. Lack of family phone calls is one of the reasons California’s SHU cells are characterized as solitary confinement – the harsh deprivation of family and social ties. CDCR has created the conditions that drive prisoners to desperation. It is horrifying to witness CDCR’s response to the current hunger strike: Crank up the cruelty and let them die.

The Stop Mass Incarceration Network and Assemblymember Tom Ammiano, in support of the California prison hunger strikers and their five demands, invite the public to visit an installation of a life-sized mock Security Housing Unit (SHU) cell on the California State Capitol South Steps in Sacramento. The cell will be on display – and you can walk right in to see how it feels – from 8 a.m. to 8 p.m. on Wednesday, Aug. 14.

It is hot enough in Corcoran, California, to melt people. That being said, it still wasn’t hot enough to keep upwards of 400 people from braving 103-degree weather to mobilize and rally at Corcoran State Prison in support of over 30,000 prisoners on hunger strike in California. The immediate goal is to stop the cruelty and torture that being held in isolation represents. The long-range objective is liberation.