Tags Eighth Amendment
Tag: Eighth Amendment
I am writing to let you know the conditions us convicts at South Central Correctional Center (SCCC) have endured and expose the brutal assault that took place on Aug. 23, 2018. I was placed in Administrative Segregation and stripped of my privileges – contact visits, phone calls, canteen, personal property etc. – for the reason of investigation. That’s a violation of my due process rights, as I am punished before being found guilty of anything.
A federal judge in Houston ordered a geriatric prison in Texas to help inmates overcome extreme heat and rising summer temperatures, referencing climate change in a groundbreaking ruling this week. U.S. District Judge Keith Ellison deemed it cruel and unusual that state corrections are aware of dangerous and lethal heat risks – at least 23 men in Texas prisons have died from the heat in the last 20 years – yet have failed to impose safeguards.
California is taking a momentous step forward. The state Senate, supported by the Assembly, is moving to end bail as we know it. For as long as I have been a lawyer, “making bail” has been a requirement in our criminal justice system. The rule says you are “innocent until proven guilty.” Making bail is the first step that undermines the rule. In our system of justice, once you are arrested, you must prove your innocence. That requires money, starting with bail money.
Today Swift Justice received information that Kinetik Justice (Robert Earl Council), co-founder of the Free Alabama Movement, was assaulted by two correctional officers at Limestone Correctional Facility last week. Swift Justice asked us to pass these words along: “TODAY I ask EVERYONE, no matter what state or country, to unite and protect Kinetik Justice in a time he needs us most!”
On June 2, a federal judge allowed hundreds of California prisoners to join a lawsuit challenging prolonged solitary confinement in California prisons when she granted the case class action status. Class certification allows the case to include all prisoners who are serving indefinite SHU terms as a result of gang validation who have not been placed in a new step-down program.
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 struggle to abolish SHU torture units is inextricably linked to the broader struggle to seize cultural hegemony in the U.S. from the ruling class and its tool, the state. Our collective efforts have repeatedly exposed the state’s contradictions and sparked the people’s appetite for freedom and new social relationships. These activities undermine the reactionary character structure upon which authoritarian society is based. These actions are thus revolutionary.
Solitary confinement does little or nothing to promote public safety or prison safety. It is not only harmful but unnecessary and incredibly costly. Violence levels plummeted by 70 percent of previous levels when the commissioner of the Mississippi Department of Corrections reduced the number of prisoners held in solitary confinement by 85 percent.
There should be no doubt indefinite solitary confinement is torture. Yet in §700.2, the CDCR has devised an insidious program whereby they can leverage this torture to coerce validated SHU prisoners to submit to brainwashing in lieu of debriefing – the end result being qualitatively no different: “broken men” will be created by a new process.
The Eighth Amendment prohibits cruel and unusual punishment, which is torture, which is us prisoners being held in solitary confinement indefinitely, without ever breaking a prison rule or state or federal law, anywhere from 10 to 40 years, under conditions of sensory deprivation, isolation, etc., etc. The fact that solitary confinement is torture is recognized by the U.N. – but not by the U.S., yet.
By taking to heart the experiences shared by Heshima Denham we learn that one of the greatest gestures of support and reassurance of the safety of prisoners who are vocal about their circumstances is constant visibility. Solitary confinement is torture; it is a violation of some of the most basic of human rights; and the agents of the state responsible for carrying out this abuse need to be exposed.
You may think that you know something about solitary, but you don’t. You may have a loved one in prison who has experienced it and told you about it. But still I say, you don’t know it. For, as you know the word torture, you don’t know how it feels. For solitary is torture. State torture. Official torture. Government sanctioned torture.
What are the effects of long-term incarceration on prisoners? In a country where mass incarceration has become the norm, what responsibilities do the state and the community have to prisoners and to protecting some of their most basic freedoms – access to health and freedom from torture being chief among them?
The Clean Lounge, a clean and sober space located in Bayview Hunters Point in San Francisco, was full of Fired Up! women and supporters, family and friends.There was so much collective healing wisdom in the room. Fired Up! is an insider-outsider grassroots network founded by CCWP former prisoners that meets weekly in the San Francisco County Jail.
My husband, Robbie James Riva, who currently resides at Calipatria State Prison, has maintained his innocence for the past 11 years. After his appeal was denied in 2009 and there was no more money to pay an attorney, I decided to take it on myself. We put our minds together, our strength, our love and we told each other we could do this and we did. He wrote his appeal himself with the documents I sent him.
Correctional Officer White openly admitted he was an “alleged ex-member of the Klu Klux Klan” and on May 5, 2012, intentionally made racial statements: Officer White was asked, “Why did you tell us that you’re KKK? You must still be with that racist shit?” White walked up to the door of cell 421 stating in a hostile manner, “You know you’s a nigger.”
The Center for Constitutional Rights filed a federal lawsuit Thursday on behalf of prisoners at Pelican Bay State Prison who have spent between 10 and 28 years in solitary confinement. The legal action is part of a larger movement to reform inhumane conditions in California prisons’ Security Housing Units (SHUs) dramatized by a 2011 hunger strike by thousands of prisoners.
On May 22, brave prisoners at Virginia’s Red Onion State Prison began a hunger strike. A recently released prisoner discusses torture at Red Onion: “having your fingers broken, being bitten by dogs, being strapped to beds for days, being forced to defecate on yourself – I mean all of this has led to these men demanding to be treated as human beings.”
When we, the prisoners housed in the Corcoran ASU, initiated a hunger strike to protest against the inhumane conditions and constitutional violations we faced, prison officials responded with retaliation and indifference. Their intent was clear: to set an example of what would occur if these protests that had been rocking California prisons this past year continued.
This petition will serve as a constructive notice for the peaceful protest which will be carried out as an alternative means of petition in the event that our conditions and demands are not met in a timely manner. [A notation on the cover letter to the petition says the hunger strike started Dec. 28, 2011.] Petitioners have filed appeals and grievances to no avail. Our constitutional rights are being violated. We are bound by the Constitution of the United States, and therefore its protection extends to us as well.
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