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California | North Coast | Health, Housing, and Public Services | Police State and Prisons

Lawsuit Challenges Solitary Confinement at California Prison
by Center for Constitutional Rights
Thursday May 31st, 2012 11:25 AM
The Center for Constitutional Rights (CCR) filed a federal lawsuit 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 (SHU), a movement dramatized by a 2011 hunger strike by thousands of SHU prisoners; the named plaintiffs include hunger strikers, among them several of the principal negotiators for the hunger strike.
Lawsuit Challenges Solitary Confinement at California Prison

Prolonged Solitary Confinement at Pelican Bay is Cruel and Unusual Punishment, Torture, Lawyers Say

May 31, 2012, Oakland – Today, the Center for Constitutional Rights (CCR) filed a federal lawsuit 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 (SHU), a movement dramatized by a 2011 hunger strike by thousands of SHU prisoners; the named plaintiffs include hunger strikers, among them several of the principal negotiators for the hunger strike. The class action suit, which is being jointly filed by CCR and several advocate and legal organizations in California, alleges that prolonged solitary confinement violates Eight Amendment prohibitions against cruel and unusual punishment, and that the absence of meaningful review for SHU placement violates the prisoners’ right to due process.

“The prolonged conditions of brutal confinement and isolation such as those at Pelican Bay have rightly been condemned as torture by the international community,” said CCR President Jules Lobel. “These conditions strip prisoners of their basic humanity and cross the line between human treatment and barbarity.” Advocates hope that the suit will strike a blow against the increasingly routine use of solitary confinement in American prisons.

SHU prisoners spent 22 ½ to 24 hours every day in a cramped, concrete, windowless cell. They are denied telephone calls, contact visits, and vocational, recreational or educational programming. Food is often rotten and barely edible, and medical care is frequently withheld. More than 500 Pelican Bay SHU prisoners have been isolated under these conditions for over 10 years, more than 200 of them for over 15 years; and 78 have been isolated in the SHU for more than 20 years. Today’s suit claims that prolonged confinement under these conditions has caused “harmful and predictable psychological deterioration” among SHU prisoners. Solitary confinement for as little as 15 days is now widely recognized to cause lasting psychological damage to human beings and is analyzed under international law as torture

Additionally, the suit alleges that SHU prisoners are denied any meaningful review of their SHU placement, rendering their isolation “effectively permanent.” SHU assignment is an administrative act, condemning prisoners to a prison within a prison; it is not part of a person’s court-ordered sentence for his or her crime. California, alone among all fifty states and most other jurisdictions in the world, imposes extremely prolonged solitary confinement based merely on a prisoner’s alleged association with a prison gang. Gang affiliation is assessed without considering whether a prisoner has ever undertaken an act on behalf of a gang or whether he is – or ever was – actually involved in gang activity. Moreover, SHU assignments disproportionately affect Latinos. The percentage of Latino prisoners in the Pelican Bay SHU was 85% in 2011, far higher than their representation in the general prison population, which was 41%. The only way out of SHU isolation alive and sane is to “debrief,” to inform on other prisoners, placing those who do so and their families in significant danger of retaliation and providing those who are unable to debrief effectively no way out of SHU isolation.

Legal Services for Prisoners with Children, California Prison Focus, Siegel & Yee, and the Law Offices of Charles Carbone are co-counsel on the case.

The case is Ruiz v. Brown, and it seeks to amend an earlier pro se lawsuit filed by Pelican Bay SHU prisoners Todd Ashker and Danny Troxell. The case is before Judge Claudia Wilken in the United States District Court for the Northern District of California. Click here to read the complaint.

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The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change. Visit http://www.ccrjustice.org and follow @theCCR.
§Pelican Bay State Prison: Ruiz v. Brown
by Center for Constitutional Rights Monday Jun 4th, 2012 12:01 PM
exercise-area-for-shu.jpg
exercise-area-for-shu.jpg

The "exercise area" in a Special Housing Unit. Photo: Michael Montgomery/KQED


On May 31, 2012, the Center for Constitutional Rights (CCR) filed a federal lawsuit 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 (SHU), a movement sparked and dramatized by a 2011 hunger strike by thousands of SHU prisoners; the named plaintiffs include several leaders and participants from the hunger strike. The class action suit, which is being jointly filed by CCR and several advocate and legal organizations in California, alleges that prolonged solitary confinement violates Eight Amendment prohibitions against cruel and unusual punishment, and that the absence of meaningful review for SHU placement violates the prisoners’ right to due process.

To learn more about the Pelican Bay Hunger Strike and prisoners’ rights issues in California, please visit the following websites:

California Prison Focus:
http://www.prisons.org/

Legal Services for Prisoners with Children:
http://www.prisonerswithchildren.org/

Prisoner Hunger Strike Solidarity:
http://prisonerhungerstrikesolidarity.wordpress.com/

http://ccrjustice.org/pelican-bay

Comments  (Hide Comments)

by End Fascism in USA
Thursday May 31st, 2012 7:37 PM
The link to the Complaint is here:
http://ccrjustice.org/files/5-31-12%20Ruiz%20Amended%20Complaint.pdf

PLEASE READ ALL 47 PAGES AS IT DESCRIBES YOUR TAX DOLLARS AT WASTE AND FASCIST DEATH CAMPS, PERPETRATED BY THE ONLY TWO GANGS THAT EXIST IN CALIFORNIA: THE DEMOCRATIC AND REPUBLICAN PARTIES, to the tune of over $70,000 a year per prisoner. Since they are not providing medical care, adequate food, educational and job training programs, this must be bribe money to the guards and prison officials. YOU WILL NOTICE THAT ONE OF THE DEFENDANTS IS DEMOCRATIC GOVERNOR JERRY BROWN, who was elected in 2010, 2 years to put an end to solitary confinement death camps, and 2 hunger strikes in 2011, described in the Complaint, under his watch, which resulted in no substantive changes. That is why you must never vote for Democrats or Republicans, the twin parties of war and fascism and the prison-industrial complex and its death penalty, and you must always vote Peace & Freedom or Green, both for peace and civil liberties and opponents of the prison-industrial complex and the death penalty.

The demands in the "prayer" are minimal, at best. Hopefully, it will be amended again to include the following:
1. Close the Security Housing Unit (SHU) at Pelican Bay AND all other solitary confinement units in ALL PRISONS.
2. Close all state prisons and transfer all prisoners, not just those who currently qualify, to county jails in their county of origin, if under age 50, and if over age 50, to group homes if they have no home to go to. All prisoners over age 50 must be freed and put on a pension that provides for decent housing, food, clothing, and transportation and free medical care at taxpayer expense.
3. Provide free top quality medical care to all prisoners both in jail and in group homes.
4. Require all prisoners under age 50 to obtain a high school diploma or equivalent and provide top quality education so they may receive this diploma, as well as job training for decent paying jobs, also provided at taxpayer expense so that they are ready to leave prison in 5 years or less.
5. Change all prison sentence laws so that no sentence is greater than 5 years.
6. Legalize all drugs so that there is no street market for drugs and free all drug war prisoners.
7. Abolish the death penalty. California is refusing to return the poisons it uses to kill people. See
http://www.mercurynews.com/breaking-news/ci_20711239/calif-defies-order-turn-over-execution-drug