Four years since our hunger strikes began, none of our core demands have yet been met: Our protracted struggle must continue

Published in: SF Bay View, June 21st 2015

by Mutope Duguma, Pelican Bay short corridor

Let’s not forget that CDCr can lock you up for being an alleged leader, as an influential individual – on just this alone.

2015 marks four years since we collectively got together and launched our peaceful protests to end long term solitary confinement. We have not been able to get any policy, outside of STG (Security Threat Group) 1 and 2 and SDP (Step Down Program), which we have to keep in mind is again CDCr continuing to violate our civil and human rights by holding men and women in these solitary confinement torture chambers – SCTC – indefinitely.

Prisoners been held for over four decades for no other reason than a prison label called prison gang validation, based on confidential information provided to prison officials by snitches, rats, informers, turncoats etc. And in looking into a lot of these cases, we would learn that it was the prison officials who manufactured this information in order to subject prisoners to a life of hell.

We have been able to examine, evaluate and investigate the STG and SDP policies and we unanimously reject them, because, simply put, they are more of the same. They empower the previous policies that we were initially peacefully protesting.

We all will continue to be vulnerable to the validation policies, even though they are for non-behavior issues, and this means confidential information will continue to place us in these SCTC and hold you here. It doesn’t matter how good or bad you are; these policies take the good with the bad.

Individual accountability

The individual accountability Core Demand No. 1 (End group punishment and administrative abuse) was crucial for establishing a fair and just policy. CDCr’s power stems from the threats that they place over prisoners by labeling us with groups and holding us responsible for the actions of that group.

Core Demand No. 1 (End group punishment and administrative abuse)

That practice is flawed; other than a gang title by which the group or individuals are labeled as members or associates, simply based on the group’s alleged gang title, nothing else allows for CDCr to blatantly target racial groups and individuals. Prison officials want these targeted individuals off of General Population in order to subject them to SCTC. But individual accountability, satisfying Core Demand No. 1, would have put an end to this policy, where predominantly white prison gang officials target mostly New Afrikans and Mexicans – racism.

These validations are a matter of life and death, because to subject and isolate prisoners for indefinite periods of time in SCTC takes a serious toll on our health and mental stability, regardless if we appear to be a reflection of strength. We see how young human beings can naturally develop into strong men and women under natural circumstances. We also see how, if able to grow older, they develop eventually into fragile individuals, so as you age, it’s a matter of life and death.

Even if you’re being provided the proper nutrition and socialization – we know this is not the case for prisoners, especially those of us held in SCTC, where the isolation deprives us of natural sunlight etc. – SCTC has an adverse effect on one’s life and it is these grounds that should end SCTC use. The CDCr has the responsibility to protect each and every prisoner, regardless how the authorities may feel about us.

CDCr officials have allowed the six-year review procedures to stand, despite STG 1 and 2 and the SDP policy, so far, for two years and counting. We remain on a dual policy. When your six-year active/inactive review date comes, you will go before an IGI (Institutional Gang Investigator) and OCS (Office of Correctional Safety), who will determine if you are active or inactive. If you are active, you are to be retained in SCTC pending your case-by-case review with DRB (Departmental Review Board). If you are inactive, then you are referred to DRB and seen relatively quickly.

Now the process is that IGI collects the alleged information and prepares it for the OCS, and the OCS determines if this information is sufficient for an active or inactive re-validation. Then the DRB, which makes the final decision, decides if you will be detained or not, regardless of what OCS recommends.

Active or inactive

After six years of waiting to go before the DRB, a prisoner should be referred and seen, regardless if it’s an active or inactive recommendation or if it’s a validation as active, and should see the DRB immediately. To tell someone who has been deemed active that he or she has to wait for their DRB case-by-case review, which the same CDCr official refers you to, is a grave injustice.

I believe it’s a 14th Amendment violation under the equal protection clause, because prisoners being reviewed for active/inactive re-validation should also be seen by OCS and then the DRB, which makes the final decision based on the OCS recommendation. This would not allow CDCr gang officials to discriminate against prisoners they want to retain in SCTC, because under the new policy, whether you like it or not, as soon as you are in a SDP Step 1-4, you are on a three-year course toward getting the hell out of the SCTC.

Whether you are released or not is irrelevant, but you cannot even begin to challenge the new contradictions (problems) with the system if you are not afforded the right to be processed into the new Step Down Program policy. Plus, we cannot deny that these steps do afford prisoners privileges: most importantly a phone call with family. Many of us have not talked to a family member in over 10 years, which is especially painful when family members – or the prisoner – are very ill.

My six-year active/inactive review was on Dec. 10, 2014. This is my second one. If I am to be deemed active, I don’t get referred to the DRB, but instead would be held on that active recommendation, or re-validation, pending case-by-case review by the DRB, which can take months or even years. But regardless of the position the DRB takes, when IGI reviews you, you still will be placed in a step.

We, in our Core Demand No. 2, demanded in part, an end to the active/inactive review, because it retains prisoners indefinitely in SCTC without any real due process or procedural due process. The debriefing policy is still in effect and its sole purpose is to have prisoners snitch on one another for a release from the SCTC that they are held on indefinitely. We understood that the State power can create situations for or in our lives that render us vulnerable to the authority/ power that they have been entrusted with by the People, and, it is the abuse of this power/ authority that has allowed CDCr to structure up a system of torture for thousands of Human Beings held in these SCTC, unjustly.

We, in part of our Core Demand No. 2 (Abolish the debriefing policy and modify active/inactive gang status criteria), have demanded an end to this debriefing policy that tortures men and women for information on other men and women by using state sanctioned powers to carry out their attacks.

Core Demand No. 2 (Abolish the debriefing policy and modify active/inactive gang status criteria)

We continue to be held indefinitely in long term solitary confinement. The new policies do not negate this fact. Humans who have been in solitary confinement for 20 or 30 years are now being placed in Step 1 under the new STG and Steps 1 and 2 under SDP (the steps furthest away from relative freedom in General Population).
This speaks to the inhumanity of the CDCr officials who are heartless to the fact that these prisoners have endured enough suffering. The placing of anyone into Step 1 on the basis of frivolous confidential information is unjust and cruel and unusual. So, if you been in SCTC for 30 years and you are placed in Step 1, that’s three more years added to that 30 years, an extension of long term SCTC.
I personally have witnessed individuals who we all know will easily transition into General Population, but they are placed in Steps 1 through 4 due to political material which is protected by the First Amendment of the U.S. Constitution, which the CDCr supersedes, and confidential information. The SDP is another scheme to hold countless individuals in long term SCTC.
Long term solitary confinement
We, in our Core Demand No. 3, demanded an end to long term solitary confinement. We see that CDCr has basically just condemned us to three more years in SCTC, which amounts to torture and long term solitary confinement.

Core Demand No. 3 (End long term solitary confinement)

National and international opinion clearly deems long term solitary confinement torture, but these laws are not respected by CDCr, which reduces these laws to opinions. We continue to see prisoners die due to medical neglect and inadequate medical treatment.
Health care and food
We all hear the horror stories – and have our own that have routinely been allowed to occur – where countless men and women have died in agonizing pain due to not being diagnosed or not treated for medical conditions that eventually manifest into deadly diseases that the prisoners suffer the rest of their stay in SCTC. In part, we have demanded in our Core Demand No. 4 that inadequate medical treatment cease.

Core Demand No. 4 (Cease inadequate medical treatment)

We continue to be fed non-nutritional foods and issued regularly disproportionate servings, so that prisoners held in long term solitary confinement go hungry and become unhealthy, since it is a concrete fact that nutritional foods maintain one’s good health. CDCr continues to defy this documented fact under the “Dietary Guidelines for Americans, 2010,” from the U.S. Department of Agriculture and the U.S. Department of Health and Human Services.
The case can be made that the food being fed to prisoners routinely is not only non-nutritional but unhealthy for consumption, especially pancakes and waffles with sugar-free syrup and peanut butter with sugar-free jelly. Turkey, beef and chicken is all by-product meats, meaning there is a small percentage of the original meat present.
So we are eating mostly soy and pink slime, which is why you don’t get meat texture, but instead a flimsy piece of meat. It is questionable whether the soy is safe, let alone healthy for consumption. And let’s keep in mind this is the worst form of processed meat you can eat.
The milk is 60 percent water; it truly has no nutritional value. The two ridiculously small servings of vegetables we get a day is insufficient to maintain our health.
And those on Halal diet here at Pelican Bay State Prison are deprived of much of their food simply because they have opted to be on a diet that’s consistent with their religion or principles with respect to how their meat is prepared. They are retaliated against and denied side dishes with these meals frequently; their dinners can be under 400 calories.
I can go on and on about the inadequate food prisoners are forced to eat – or starve; much of it provides no nutritional benefits. In part, our Core Demand No. 4 demanded an adequate, balanced, nutritional diet be provided and an end to the small servings.

Core Demand No. 4 (Provide an adequate, balanced, nutritional diet and end the small servings)

Education vs. warehousing

We are still held inside these solitary confinement torture chambers (SCTC), where no meaningful educational programs and privileges have been implemented that could encourage our mental stability and physical development. When we talk about educational programs, we are talking about CDCr changing their routine practice of just warehousing prisoners in these SCTC, but instead giving them access to modern world technologies that can be provided at a prisoner’s expense or state expense.

We definitely need to bring in limited computers that can provide national and international geographies and cultures we can study. The outdated educational programs that CDCr provides at PBSP serve no educational purpose whatsoever.

The world is getting smaller and smaller and prisoners are like dinosaurs in our thinking, especially those of us who have been in 25 years or longer – and it’s worse for those of us held in these SCTC. We need to be exposed to the many new social and cultural developments that have occurred over those years.

A lot of us, out of being uniformed, have no clue as to how far the world has advanced, and continued isolation is a tragedy – and this refers to all prisoners in respect to outdated educational programs that provide us no education – especially when CDCr tells the public it is “rehabilitating prisoners.”

True rehabilitation would mean transforming all prisons into colleges and universities. Tapping into the thousands of mentalities behind these prison walls may discover prisoners, who, once given the opportunity, can become the world’s best scientists, doctors, lawyers, philosophers, judges, cooks, teachers, computer geeks, biologists, dentists, architects and artists.

True rehabilitation would mean transforming all prisons into colleges and universities.

We need real courage and a commitment to real education for prisoners. Allowing our mental energy to die or waste away in these man-made tombs does nothing for anyone. I’d prefer to be studying for a doctorate than to be just sitting here wasting away like this. And once we earn our degrees, we should be afforded the opportunity to serve humanity nationally and internationally.

But, if CDCr only intends to warehouse prisoners until we are dead, then we prisoners have to demand an end to the senseless killing of prisoners by proxy. Humans are a resource, and the state can invest in them positively or negatively. The current investment in prisoners is negative, relegating the human being to nothing.

Visiting

Privilege is simply allowing prisoners access to activities that enrich our lives. This can only be a benefit to everyone. Family visits and contact visits are privileges, even an hour visit out of 24 hours a day on two days, Saturday and Sunday, and in some prisons, just one day for an hour.

PBSP afforded an hour and a half and, after our peaceful protests, now three hours. But traveling to PBSP is like going to another state, so even three hours is insufficient considering the distance. We should be allowed five or six hours.

Privileges should always contribute to one’s social development. The more exposed we are to positive programs, the more we apply what we have learned in practice. That’s the natural process for us and all humanity.

We have, for the last 50 years in California, been conditioned around violence, and violence has been a regular practice throughout our stay. Thanks to our Agreement to End Hostilities, a lot of this violence has been deterred to some extent.

But what will keep this violence at bay? Because it definitely won’t sustain itself if prisoners’ energy is not being challenged in the educational programs and privileges that would hold their attention and produce the development that will enrich their lives.

Our Core Demand No. 5 (Expand and provide constructive programming and privileges for indefinite SHU status inmates) demanded that in order to deal with the idle time and the physical and mental development and social development of each and every prisoner, there must be real rehabilitation.

Core Demand No. 5 (Expand and provide constructive programming and privileges for indefinite SHU status inmates)

None of our core demands have been met! We are at a stage in our protracted struggle where we have to ask ourselves a tough question: Where do we go from here?

None of our core demands have been met!

CDCr has afforded some of us access to the General Population who should have never been held in these SCTC in the first place and have been held for far too many years. Our class action lawsuit was filed to end indefinite, longterm solitary confinement for all of us.

However, CDCr can render our class action lawsuit moot by placing everyone in the SDP, especially those of us who’ve been here in PBSP SHU 10 years or more, which is the only requirement of the lawsuit. (CDCr’s effort to defeat the suit by placing plaintiffs in the Step Down Program and moving them to other SHUs has been derailed by the court since this was written. – ed.)

So, considering the slow pace of progress in the Legislature and the possibility the lawsuit may not succeed, the responsibility to make change will come back to us prisoners. So we have to start strategizing around what we have to do in respect to our peaceful protests in order to end the continued abuse of authority.

CDCr has turned up its attacks, making it worse for each and every prisoner and his or her family. New regulations on personal property and on “obscenity” – actually censorship, a direct attack on free speech – have been implemented, and the proposed regulations to use canine searches of visitors – a direct attack on our families – are not yet approved but are in effect “on a temporary basis.”

These new regulations are about nothing other than prison officials abusing their position of power in order to retaliate against all of us who participated in the three hunger strikes and against all prisoners, activists and our families who supported us. The fact that CDCr can use the power that has been entrusted to them by the people to attack the people for their peaceful protests speaks volumes to how CDCr officials have no respect for the offices they hold.

We prisoners need to prepare for a massive peaceful protest and work stoppage if prison officials don’t change
1) The culture to which prisoners and their families are subjected: so much mental and physical torment;
2) End long term solitary confinement, as they promised; and
3) Implement our five core demands. If not, we have to think about our immediate future and long term future behind these walls.

Too many humans are suffering who don’t need to be suffering.

We also have to begin to educate prisoners on how to file writs and civil complaints in the state and federal courts in the interests of prisoners, ending the routine abuses that have been systemic throughout the state. The work stoppage, if necessary, should last anywhere from a month to years.

Our support committees need to release a report on the health consequences that many prisoners suffered during our last hunger strike, such as when we were temporarily taken to New Folsom. Many prisoners suffered immeasurable consequences in the name of our peaceful hunger strikes – the most recent having lasted from July 8, 2013, to Sept. 5, 2013 – that I personally recorded. We lost six lives, and we continue to lose lives.

One Love, One Struggle!

Send our brother some love and light: Mutope Duguma, s/n James Crawford, D-05996, D2-107, P.O. Box 7500, Crescent City CA 95532.

HANDOUT MATERIALS for Statewide Coordinated Actions To End Solitary Confinement

Reblogged on Californiaprisonwatch.org

Prisoner Hunger Strike Solidarity

Beginning in April 2015, if you need copies sent to you of any of these materials for use in your actions, please contact phssreachingout@gmail.com.

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The above links allow you to download and print the two materials made specifically for anyone participating in Statewide Coordinated Actions To End Solitary Confinement (23rd of each month). Below are several download links for recommended materials to hand out during such actions.  Good educational materials. Coming soon: a handout of Frequently Asked Questions and the Answers, and all handouts in Spanish & English.

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Beginning March 23rd: Statewide Coordinated Actions To End Solitary Confinement

Prisoner Hunger Strike Solidarity

STOP THE TORTURE!

The Prisoner Hunger Strike Solidarity Coalition (PHSS) has helped launch Statewide Coordinated Actions To End Solitary Confinement (SCATESC) to start Monday, March 23, 2015.

Actions will happen on the 23rd of each month.

This date emphasizes the 23 or more hours every day that people are kept in solitary confinement.

PHSS Facebook Event Page: https://www.facebook.com/pages/Prisoner-Hunger-Strike-Solidarity/117053298383319

Statewide Coordinated Actions every month respond to the Pelican Bay Hunger Strikers’ Proposals (November, 2013). They stated:

We want to consider the idea of designating a certain date each month as Prisoner Rights Day. On that date each month prisoners across the state would engage in peaceful activities to call attention to prison conditions. At the same time our supporters would gather in locations throughout California to expose CDCR’s [CA Department of Corrections and Rehabilitation] actions and rally support efforts to secure our rights. We can see this action growing…

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Games the gang investigators play

This is a piece from Aug 16, 2012, published in the SF Bay View, but it is as relevant as ever: nothing has changed within the CDCr and in how the Institutional Gang Investigators (IGI) work! The public and those who represent them should take serious note that IGI is often said to be acting without any court-intervention, giving punishment to imprisoned people on often false reports, falsified reports, made-up reports. If a possible crime occurs, should the accused not be given a trial? And what are the reasons for the possibly substantiated rumors that IGI might falsify reports? Could it be to keep the SHU’s filled with so-called “validated” prisoners, allegedly gang-members, or in the new vocabulary of CDCr: “Security Threat Groups” (STG)?

For a SHU-prisoner, the prisons receive more money from you, the tax payers, than for a prisoner in General Population. Think about it, and start asking your representatives questions!

This is just a quick note to say thank you for the March issue and another April and May issue of the S.F. Bay View you sent. I read the March issue and can see why these fascist captors of mine kept it from me. They already look at us New Afrikkkans as suspected “gang” members and anything political or educational we read they label it gang material. It’s absurd!

They’ve been keeping my mail for at least an extra week after I receive it from my family, and any books or other forms of reading material they hold for a month or so before they issue it to me. I know it’s a game the IGIs (Institutional Gang Investigators) use to keep us New Afrikkkans, Southern and Northern Mexicans, oppressed Whites and Native Amerikkkans buried alive in these concrete tombs under their three-point gang validation, which, since our statewide hunger strike, they continue to do.

I’ve seen four gang validation packages issued out within the last two weeks by these IGI oppressors, who in all actuality are their own gang. I remember reading about IGI Duarte in Calipatria State Prison being under investigation himself for putting together false validation packages on comrades; well, he isn’t the only one to do so. I’m more than certain if the CDC got more IGIs under investigation for false acts to get brothers validated, these tables would really turn and society would see who the real gang members are.

Thank you for continuing to be the driving force in bringing awareness to the free world about our constant struggles to fight our oppressors. I’ve given out the other two Bay Views you sent to some comrades to read and hopefully get subscriptions as well.

In true solidarity struggle,

Comrade T

An End to Solitary is Long Overdue

California’s Savage System of Confinement

Less than two weeks ago the United Nations Committee against Torture issued a report strongly criticizing the U.S. record on a number of issues, among them the extensive use of solitary confinement. While the U.S. uses long-term solitary more than any other country in the world, California uses it more than any other state. It’s one of the few places in the world where someone can be held indefinitely in solitary. This practice is designed to break the human spirit and is condemned as a form of torture under international law.

Despite these repeated condemnations by the U.N., the California Department of Corrections and Rehabilitation (CDCR) is harshening rather than easing its policies, currently with three new sets of regulations. The administration’s iron-fisted strategy is emerging: project the appearance of a reforming system while extending its reach, and restrict the ability of prisoners and their loved ones to organize for their rights.

First, the CDCR has instituted a “Step Down Program” ostensibly to create a pathway out of indefinite solitary. However, the program actually widens the net of who can be considered a threat and therefore eligible for placement in solitary. Recently adopted regulations replace the old language of “gang” with “Security Threat Group” (STG) and the previous list of a dozen identified gangs is now replaced with a dizzying list of over 1500 STGs. Under these new regulations, even family members and others outside the prisons can be designated as part of an STG. Given the fact that indefinite solitary is used disproportionately against people of color – in Pelican Bay, 85% of those in isolation are Latino – the language used to justify placement in solitary eerily mirrors the rhetoric of the federal government and its permanent state of war against its declared enemies, all of whom are people of color.

The CDCR promulgated a second set of rule changes last summer with sweeping new “obscenity” regulations governing mail going both in and out of prisons. The original proposal was to explicitly ban any “publications that indicate an association with groups that are oppositional to authority and society,” yet after coming under heavy criticism, CDCR decided to mask its Orwellian motives by hiding behind the above mentioned language of STGs. This ominous language violates First Amendment rights, and reveals a broader agenda: to censor writings that educate the public about what is actually occurring inside the prisons, and to stifle the intellectual and political education and organizing of prisoners themselves.

A third element of CDCR’s strategy of containment is the implementation of highly intimidating visiting procedures designed to keep family members away from their loved ones. Draconian new visiting regulations authorize the use of dogs and electronic drug detectors to indiscriminately search visitors for contraband, even though both methods are notoriously unreliable. These procedures effectively criminalize family members and deter them from visiting, especially in a period of a growing family-led movement against solitary.

The three new policies are also intended to extend CDCR’s reach beyond the prison walls. As an organizer and family member of a prisoner, I’m censored when sending letters to my brother, Sitawa N. Jamaa, subjected to gratuitous and intimidating searches during visits, and susceptible to being labeled an STG associate. These are all ways that CDCR is trying to keep me from knowing how my brother and others are doing, and to repress my organizing.

Taken individually, these regulations may seem to address unrelated issues. But given they are all coming down simultaneously – just a year after the last of a series of historic hunger strikes by people in California prisons has given rise to the highest level of self-organization and empowerment among imprisoned people since the 1970s – these regulations are nothing less than a systematic attempt to silence and retaliate against prisoners’ growing resistance. Over 30,000 prisoners participated in 2013’s strike, some for 60 days, risking their health and lives for an end to indefinite solitary. Prisoners’ family members and loved ones also took up leadership roles in political organizing in unprecedented ways. The movement to abolish solitary continues to gain momentum around the country.

The hunger strikes were a significant part of an ongoing national sea change regarding the use of solitary, as states are waking up to its dangers. Illinois, Maine and Mississippi have closed or drastically downsized their solitary units without any loss of institutional safety. New York and Arizona were recently forced to reduce their use of isolation, with Colorado and New Jersey following suit.

Yet California steadfastly remains an outlier seemingly impervious to change, led by an administration that relies on tired rhetoric about “the worst of the worst” to justify torture. People locked up in California have a decades-long history of fighting for the rights and dignity of prisoners, affirming their humanity in the face of inhumane conditions and demanding change. The U.N. report calls on this government to “ban prison regimes of solitary confinement such as those in super-maximum security detention facilities.” It’s time for California to listen.

Marie Levin is the sister of Sitawa N. Jamaa, a prisoner in solitary confinement at Tehachapi. She is a member of California Families Against Solitary Confinement (CFASC) and Prisoner Hunger Strike Solidarity Coalition (PHSS).

Mohamed Shehk is the Media and Communications Director of Critical Resistance, and also contributed to this piece.

CDCR’s new con game to undermine our class action suit

by Randall ‘Sondai’ Ellis, in: SF Bay View, November 29, 2014

In order to successfully advance in each step of CDCR’s newly enacted Step Down Program

Randall “Sondai” Ellis was locked up at the age of 16, about the time this picture was taken, for a crime that took no one’s life. At 19, he was placed in solitary confinement on the testimony of “confidential informants.” CDC has never identified them or revealed their testimony. Like many other accomplished jailhouse lawyers, he’s still there 32 years later. “My friends call me Sondai,” he says, “which means to push forward and endure.”

Randall “Sondai” Ellis was locked up at the age of 16, about the time this picture was taken, for a crime that took no one’s life. At 19, he was placed in solitary confinement on the testimony of “confidential informants.” CDC has never identified them or revealed their testimony. Like many other accomplished jailhouse lawyers, he’s still there 32 years later. “My friends call me Sondai,” he says, “which means to push forward and endure.”

(SDP), prisoners are expected to fill out and complete a series of thought policing or brainwashing workbooks. One such workbook is entitled “The Con Game” and purports to elucidate for the prisoner via “self-directed journaling” the ways in which he either consciously or unconsciously is a con artist and criminal.

However, empirical evidence irrefutably proves that the true con artists and criminals are CDCR, the Department Review Board (DRB), Office of Correctional Safety (OCS), Institutional Gang Investigations (IGI), Office of Administrative Law (OAL) and the Classification Staff Representative (CSR) – and the con game they’re running is the SDP, replete with such old cons as “Three Card Monty,” “Smoke and Mirrors,” “The Bait and Switch,” word games and manipulation.

So let’s look at it. It appears that the court has issued CDCR yet another “save.” It has effectively permitted CDCR to undermine the class action lawsuit filed in Ashker v. Brown et al., CV-05796-CW, challenging the use of long term solitary confinement and the lack of any meaningful periodic review of our status towards release from said confinement, as was mandated – but never enforced by a court – in Toussaint v. McCarthy, 801 F.2d 1080, 1098-1101(9th Cir. 1986).

Following the suspension of the hunger strikes, CDCR issued a series of memorandums that it said would effectively move it away from the current status-based punitive system to a more behavioral based individual account­ability system, where a man would be punished based on his individual actions and not based on this current “he said she said” game. That game has evolved into a mechanism whereby the so-called investigators fabricate so-called evidence of gang activity and association and membership and is based on things like “your name was discovered on a roster in another validated prisoner’s property” or whatever comes to their imagination.

The court, seeming to support the prisoners’ position in Ashker v. Brown, denied CDC’s motion to dismiss the suit saying that “CDCR may be violating prisoners’ con­stitutional rights by confining them to the SHU indefinitely and without offering them a meaningful way out.”

It has effectively permitted CDCR to undermine the class action lawsuit filed in Ashker v. Brown et al., CV-05796-CW, challenging the use of long term solitary confinement and the lack of any meaningful periodic review of our status towards release from said confinement.

True to its form, CDCR released a few hostages from the SHU and set in motion a pilot program that it touted as a change to the current policy. It sold this policy to the Legislature in a series of hearings and informed the prison population via a series of memorandums.

CDCR claimed to be initiating case-by-case (CBC) reviews of every prisoner assigned to the SHU, beginning with those with the lengthiest validation dates, ‘60s, ‘70s, ‘80s etc.

In the meantime CDCR began playing “Three Card Monty.” It claimed that as part of these reviews, the DRB would look back four years for evidence of “gang activity” to determine one’s placement within a given step in the so-called Step Down Program (SDP). The CCPOA, the guards’ union, threw a fit, filing a motion to intervene in the case. It claimed that CDCR was putting guards in danger if they released these guys.

As the process evolved, the court hinted that the new pilot program wasn’t a cure for the prisoners’ claims because it was only a pilot program, so CDCR moved to make the program permanent by enacting a rule change with the OAL. At the same time, CDCR set up a sanctioned “punishment facility” at Tehachapi, where the program is so dysfunctional, so disrespectful, so degrading, it is said to be even worse than the torturous conditions that spawned the hunger strikes at Pelican Bay!

Here, the DRB selects who it will subject to additional punishment by pl­acing him in either Step 3 or 4 under the guise of there being some sort of recent gang activity uncovered by the IGI or OCS – “smoke and mirrors.”

In a subsequent ruling, the Ashker court ruled to certify the case as a class action and said that anyone confined to the SHU at Pelican Bay for 10 continuous years could adequately represent the class and anyone placed into the new SDP could not represent the class! So CDCR began relocating the named plaintiffs to the new punishment facility Step 3, though one or two went directly to the general population.

And wouldn’t you know it, the DRB has changed its focus. It is no longer reviewing those with the lengthiest validation dates. They are now focusing their reviews on those who have been confined to the SHU at Pelican Bay the longest.

Randall-Sondai-EllisSo anyone who left here for whatever reason – out to court, transferred for

medical treatment or sent to another SHU for a brief period, as experienced by myself – is not viewed as having been held hostage in Pelican Bay for 10 continuous years. Many of us were transferred to Corcoran SHU back in ‘99-‘00 as part of the first con game, the active/inactive reviews.

CDCR set up a sanctioned “punishment facility” at Tehachapi, where the program is so dysfunctional, so disrespectful, so degrading, it is said to be even worse than the torturous conditions that spawned the hunger strikes at Pelican Bay!

Now all of a sudden our DRB reviews will be scheduled according to the date they deem you were “returned” to the PBSP SHU. So one can end up being in the SHU 30 to 40 years, as in my and other prisoners’ cases, as long as he’s transferred to another SHU before he reaches the now requisite 10-year continuous mark – “word games and manipulation.”

This effectively undermines the entire case, and CDCR is taking the “save” it’s been given by now “bait and switching” its stated procedure of reviewing the hostages by length of validation, to those by length of placement in the Pelican Bay SHU. They didn’t even bother to issue a memo for this latest arbitrary policy shift, proving their nefarious if not criminal intent.

This is nothing but a con game, a scheme to buy time so that they can conspire to ensure that they keep this place full of hostages. After all, they have a 10-year window to torture their next victims to death, or worse, at “the punishment facility.”

This con game must be viewed for what it really is, an ongoing and contin­uing conspiracy designed to keep as many hostages in the SHU as possible, while the guards sit back and collect exorbitant pensions in the name of safety and security. Who said crime doesn’t pay?

This con game must be viewed for what it really is, an ongoing and contin­uing conspiracy designed to keep as many hostages in the SHU as possible, while the guards sit back and collect exorbitant pensions in the name of safety and security. Who said crime doesn’t pay?

In closing, Ashker v. Brown should be amended to make a claim for damages we suffered as a result of being subjected to these unconstitutional practices, which have resulted in irreparable injury to their victims. For more information, visit Justiceforsondai.wordpress.com.

Release the hostages!

Send our brother some love and light: Randall ‘Sondai’ Ellis, C-68764, PBSP SHU D1-223, P.O. Box 7500, Crescent City CA 95532.

Corcoran Strike for Medical Care Leads to Hospitalization of Diabetic

From an email, Oct 9th, 2014

After a week of hunger striking by three men inside Corcoran SHU and organizers calling and writing to the prison, we are happy to report that Kambui Robinson has been moved to the Acute Care Hospital in Corcoran for his diabetic complications, and the hunger strike is now ended.

Thanks to everyone who called, wrote, or circulated the message—but our fight is not over!

Advocacy is still needed for the following issues:

Kambui Robinson’s health is in a dire state and he needs to be permanently moved into a medical care facility such as the one in Vacaville. Diabetic complications have left his eyesight so bad that he has not been able to read for several weeks, and he is has been experiencing stroke-like symptoms for
the past several weeks.

Michael Durrough is still without an extension cord for his CPAP machine, which is necessary for his sleep apnea. Without this cord, which is allowable property but currently withheld on warden’s discretion, Michael risks the possibility of stopping breathing while sleeping every night.

Heshima Denham needs immediate attention to severe pain he is experiencing on his right side. He is in constant pain and it has become extremely disruptive to daily activity. He needs an MRI as well as kidney and liver tests in order to diagnosis this pain.

We need adequate medical care for everyone in CSP-Corcoran!  At this time, please continue to contact the below officials alerting them to the immediate needs of Kambui Robinson (C-82830), Michael Dorrough (D-83611) and Heshima Denham (J-38283).  Calls to the Receiver’s office are especially welcome.  (The receiver’s office will call you back and will tell you that they can’t give out peoples’ personal medical info, but all you need to do is reply that you’re not asking for such info and are just asking that the individuals you have called about receive appropriate and timely care).

Contact information for CDCR officials:

Dave Davey
Corcoran Warden
559-992-8800 (extension not known)
dave.davey@cdcr.ca.gov

Medical Receiver
California Correctional Healthcare Services
916-691-3000
CPHCSCCUWeb@cdcr.ca.gov

Cherita Wofford
Office of the Ombudsman
916-324-6123
cherita.wofford@cdcr.ca.gov

Sara Malone
Office of the Ombudsman
916-327-8467
Sara.Malone@cdcr.ca.gov

Diana Toche
Undersecretary for Health Care Services and Undersecretary for Administration
and Offender Services, CDCR
diana.toche@cdcr.ca.gov