Seven Days in Solitary [5/12/13]

solitaryThe following roundup features noteworthy news, reports and opinions on solitary confinement from the past week that have not been covered in other Solitary Watch posts.

•  Media coverage on the urgency of closing Guantanamo was heavy throughout the past week, with an estimated 100  of the 166 detainees hunger striking. Most recently, Al Jazeera publishes a Guantanamo prison military document exposing the brutality of the force-feeding. According to the story, detainees “undergo a brutal and dehumanising medical procedure that requires them to wear masks over their mouths while they sit shackled in a restraint chair for as long as two hours…”

•  The New York Times reports that New York City is planning to change the way it disciplines incarcerated people with mental illness, creating alternatives to the use of solitary confinement. “[T]he city Correction Department will transfer severely mentally ill inmates to an internal clinic where psychiatrists will administer treatment and medicine, and the less seriously mentally ill will go to counseling programs designed to help them change their future behavior.”

•  The Los Angeles Times publishes an editorial on the harm inflicted on kids who are subjected to isolation, stating “[s]olitary confinement is ultimately a mental health issue for anyone who goes through it, and the practice, if it is to continue, should at the very least be documented for public review and monitored by mental health professionals.”

•  The Seattle Times reports on a new program at Washington State Penitentiary seeking to to ease violence in some of the most dangerous units inside the prison, minimizing the liklihood of reoffending. “Rival gang members — Norteños and Sureños, Bloods and Crips, white supremacists — all brought together to discuss ways to stay out of trouble, both in prison and when they get out.”

•  Angola 3 News reports on a federal lawsuit filed by Russell Maroon Shoatz’s lawyers protesting his 22 consecutive years in solitary confinement. The story also features a recent interview with activist Bret Grote and Shoatz’ lawyer, Dan Kovalik, taking a closer look at the lawsuit and confronting human rights abuses in U.S. prisons.

•  Momentum builds to end the solitary confinement of youth, with The Nation calling for support in urging U.S. Attorney General Eric Holder to ban the use of solitary confinement on youth. The post links to an open letter “in support of a call by the National Religious Campaign Against Torture and the ACLU imploring [Holder] to ban the practice of holding young people in federal custody in solitary confinement.”

•  The Republic reports on a federal lawsuit alleging that correctional officers at North Carolina’s Central Prison brutally beat prisoners held at the facility, using “blind spots” to avoid being seen by security cameras. “An amended complaint filed last week in U.S. District Court by lawyers at North Carolina Prisoner Legal Services says the beatings occurred in Unit One, a cell block known as “The Hole” where inmates are kept in solitary confinement for disciplinary reasons.”

•  NDTV reports on the solitary confinement of Boston marathon bombing suspect Dzhokhar Tsarnaev at a high-security housing unit at a federal medical detention center in Massachusetts. “The only time Tsarnaev gets out of his tiny cell, that contains a sink, toilet, shower and a bed bolted to the floor, is for an hour of recreation every day.”

•  The Colorado Independent reports that Colorado’s El Pueblo Boys and Girls Ranch held Kiondre Davison, a 14-year old with an array of developmental disabilities, in solitary confinement for 25 days. “Of particular concern is imposing isolation on developmentally delayed kids. Kiondre is typical of such cases. He struggled to understand what was happening to him and so only loosely tied his actions at El Pueblo to the consequences they brought.”

•  Alan Prendergast reports that the legal team of Troy Anderson, who is currently incarcerated at Colorado’s supermax prison, has filed court papers contending that Department of Corrections officials have failed to comply with a previous ruling by a federal judge that Anderson is entitled to three hours a week of outdoor activity. Anderson’s attorneys assert that “their client is worse off than before, with less effective mental health treatment, following a transfer from the supermax to solitary confinement at the Sterling Correctional Facility.”

•  In an op-ed published on Times Union, Donn Rowe, President of New York State Correctional Officers & Police Benevolent Association, responds to a recent story on the harm inflicted on mentally ill people who are subjected to solitary confinement.   According to Rowe, “Special Housing Units are for inmates who are a danger to others and themselves.”

•  SFGate reports that Colorado has banned a youth treatment center in El Pueblo from placing teens in solitary confinement. The state found three violations of Colorado regulations in its investigation, which followed complaints by the ACLU that the program was violating the constitutional rights of youth.

•  Black Agenda Report reports that people held in isolation at California’s Pelican Bay may once again go on hunger strike, stating that “more than 200 inmates at the [facility] have been in solitary confinement for between five and ten years and nearly 100 have been shut off from most human contact for 20 years or more.” The story also calls for outside support, emphasizing the importance of having support networks in place beforehand.

•  New York City Councilmember Daniel Dromm denounces solitary confinement as “cruel and unusual” in a recent editorial, stating “[a]s a matter of fundamental human rights, how the DOC uses solitary confinement must radically change.”

•  The Boston Globe reports that the use of segregation units has come under increased scrutiny in Massachusetts, where approximately 500 of the state’s 11,000 prisoners are held in isolation on any given day. According to the story, “Prisoner-rights advocates, legislators, and even corrections commissioners in other states are increasingly denouncing the use of solitary confinement, while others defend the practice as an essential part of prison management.”

Seven Days in Solitary [5/4/13]

solitaryThe following roundup features noteworthy news, reports, and opinions on solitary confinement from the past week that have not been covered in other Solitary Watch posts.

•  Media coverage on the urgency of closing Guantanamo was particularly heavy this week, with numerous organizations and groups calling on President Obama to take immediate action. Most recently, The Economist described the prison as “a deeply un-American disgrace” in a story entitled “Guantanamo: Enough to make you gag,” an obvious reference to the unethical force-feeding of hunger strikers by authorities at the prison. The story outlines the U.S. government’s failure to take action to close the prison camp, concluding ”Mr. Obama should think about America’s founding principles, take out his pen and end this stain on its history.”

•  The Los Angeles Times reports that California Gov. Jerry Brown “appealed for relief from court orders over prison conditions” within just 24 hours of unveiling his plan to reduce overcrowding in the state’s prisons, which, according to another Times story, “would free some inmates early to ease crowding, but still miss court’s target.”

•  The Los Angeles Times reports that people held in isolation in the Security Housing Unit (SHU) at Pelican Bay State Prison are seeking class-action status in their federal lawsuit “alleging the state’s segregation policies equate to cruel and inhumane treatment.” In the motion filed  in U.S. District Court in Oakland, the plaintiffs assert that they have been subjected to prolonged confinement in ”windowless cells… with little meaningful contact with others, restricted food, limited communication and no access to educational or treatment programs.”

•  The Denver Channel reports that Evan Ebel, who is suspected of killing Colorado’s prison chief, filed two grievances in the final days of his incarceration in which he appealed his being kept in isolation up until his release, writing ”Do you have an obligation to the public to reacclimatize ‘dangerous’ inmates to being around other human beings prior to releasing them into society after they have spent years in solitary confinement & if not, why not?”

•  Slate publishes a three-part series of excerpts from the declassified memoirs of Mohamedou Ould Slahi, who has been held at the military prison at Guantanamo Bay for almost 11 years. The story describes Slahi’s handwritten 466-page manuscript as “a harrowing account of his detention, interrogation, and abuse.”

•  WHYY Public Media discusses the history of solitary confinement and the contemporary controversies surrounding these isolation practices in a Radio Times program. Guests include Sean Kelley (Senior Vice President and Director of Programming and Public Relations at Eastern State Penitentiary), Jules Lobel (University of Pittsburgh Law Professor and President of the Center for Constitutional Rights) and Shirley Moore (Executive Deputy Secretary of the Pennsylvania DOC).

•  Stars and Stripes reports on “life under lockdown”  for Guantanamo detainees, stating that “[w]ith nearly every one of the 166 Guantanamo prisoners now under lockdown — back in solitary existence after years of communal living — the military has reverted to a battle rhythm reminiscent of the Bush administration.”

•  Sharon Herald reports on the federal lawsuit filed by the Disability Rights Network of Pennsylvania and the ACLU charging that the use of solitary confinement on mentally ill people in Pennsylvania prisons qualifies as a violation of Constitutional rights. The lawsuit, which is seeking “changes in the way prisons respond to the mentally ill,” describes the state’s use of solitary confinement on mentally ill people as a “Dickensian nightmare.”

• James Ridgeway was named a finalist for an NCCD Media for a Just Society Award for his article on growing old in prison, “The Other Death Sentence.”

 

Political or Gang Activity? “New Afrikan” Inmates in Solitary Confinement

Three “New Afrikan”  inmates in California Security Housing Unit’s (Pelican Bay and Corcoran State Prison’s) have recently written to Solitary Watch criticizing their continued isolation for being members of the Black Guerilla Family, the only black prison gang in California that will lead to placement in the SHU.

According to Mutope Duguma (legal name James Crawford) at Pelican Bay, it’s his political views “that got me placed in solitary confinement and labeled a BGF member, which I am not, but in order to place you in solitary confinement IGI/ISU/OCS have to label you a BGF if you’re a New Afrikan.”

He has been in solitary for over a decade. “My cell has a concrete slab bed, the cell is white with a concrete brick slab for TV holding. Toilet and sink connected all in one and the steel front panel door and a white painted wall in front. No trees. No animals. No sun. No life. Just prisoners isolated from the world,” he writes.

Life for men in the SHU is bleak, reports Duguma., “I get up at 5:30 AM, go to the yard when my rotation comes around for 90 minutes, then I am back in my cell for the rest of the day.”

Inmates labeled BGF are routinely validated on the basis of their political views. In a June 2012 ruling, the California Court of Appeals found that Duguma’s political writings were wrongly used to prevent outgoing mail to the San Francisco Bay View newspaper.  Duguma referred to himself as a “New Afrikan Nationalist Revolutionary Man.”

[Read more...]

One Year After Historic Hunger Strike, Isolated California Prisoners Report Little Change

At this time one year ago, a three week hunger strike across California prisons had been concluded, and the California Assembly had begun planning a hearing on the use of solitary confinement in California’s prisons. The conditions of the California Security Housing Units, where over 3,000 inmates are held in isolation, many for decades, had come to the public’s attention. In the time since August 2011, there would be another round of three week hunger strikes, a smaller series of hunger strikes at the Corcoran Administrative Segregation Unit, a new “Step Down Program” announced in California, a federal lawsuit filed by Pelican Bay SHU inmates, and a US Senate hearing on solitary confinement.

Even so, the situation in the SHUs and ASUs remains much as it did one year ago. A few concessions by prison officials, such as issuing sweatpants and allowing family photos, did nothing to change the problem of long-term isolation and non-existent due process.

It should be reiterated that in California, the majority of SHU inmates are not necessarily there for conduct, but for gang membership.

In a letter to California activists, Pelican Bay hunger strike leader Alfred Sandoval reports feeling  like “just banging my head against the wall because nothing ever changes around here. Right now the Department of Corruption and the current administration have been attempting to pacify prisoners with items…ie. sweats, watch caps, and various food items from canteen–in hopes of distracting us …”

He continues, “the sad fact is that some have been complacent and accepted the physical and psychological abuses as normal because it has been implemented in small increments over decades, year after year so it has become the norm.” [Read more...]

Pelican Bay Prisoners File Lawsuit Against Long-Term Isolation

The Center for Constitutional Rights yesterday filed a federal lawsuit on behalf of a group of California prisoners, challenging the practice of long-term isolation in the state’s notorious Pelican Bay State Prison in Crescent City. The lawsuit was filed May 31st on behalf of Security Housing Unit (SHU) inmates who have spent 10-28 years in solitary confinement. They are among the 500 inmates at Pelican Bay who have been segregated from general population inmates for at least ten years, and among the state of California’s over three thousand SHU inmates.

Arguing that long-term solitary confinement (at least 10 years) is a violation of the 8th amendment, the lawsuit cites research finding that the practice of solitary confinement has negative effects on the mental health of inmates subjected to it. Included in the text of the official complaint are anecdotal reports from SHU inmates indicating significant psychological  problems stemming in part from the conditions of isolation. Among the examples cited are an inmate who “feels that he is ‘silently screaming’ 24 hours a day” and another who reports feeling “like a caged animal.”

The lawsuit comes nearly a year after the first of two large-scale hunger strikes launched in protest of long-term solitary confinement in California prisons. The first of these hunger strikes lasted three weeks in July and prompted a hearing by the California Assembly’s Public Safety Committee to publicly discuss the situation in the SHU. A second, larger strike involving over 6000 inmates launched in October also lasted approximately three weeks. A later, smaller hunger strike at Corcoran State Prison’s Administrative Segregation Unit resulted in the death of inmate Christian Gomez in February.

The lawsuit claims that most of the plaintiffs in the case participated in the first two hunger strikes. This, they claim, “provide[s] additional evidence of the severe psychological distress, desperation, and hopelessness that they experience from languishing in the SHU for decades.” Further, the complaint points out that hunger strike participants ”reported viewing the possibility of death by starvation as a worthwhile risk in light of their current situation.”

The lawsuit also challenges the current use of the gang validation process which results in most SHU placements. Of the 1,128 inmates in the SHU, all but 66 are there for prison gang activity, the rest being there for behavioral issues. SHU inmates at Pelican Bay have argued that placement in segregation should be based on behavior, rather than suspected prison gang activity. [Read more...]

California Bill Would Increase Media Access to Prisoners

The nation’s supermax prisons and solitary confinement units are virtual black sites, off-limits and therefore invisible to both the public and the press. While laws vary from state to state, the media are for the most part barred from touring these facilities, and forbidden to conduct in-person interviews with prisoners being held in solitary confinement. These rules are made by the prisons themselves, in the name of safety and security, and with few exceptions the courts have acquiesced, ruling that the freedom of the press stops at the prison gate.

A bill introduced in the California State Assembly seeks to challenge the California Department of Corrections and Rehabilitations ban on interviewing prisoners in its notorious Security Housing Units (SHUs) and ease restrictions on interviews with other prisoners. Assembly Bill 1270 was introduced by Assemblymember Tom Ammiano of San Francisco. Ammiano chairs the Public Safety Committee, and held hearings on California’s SHUs in August 2011, following the historic inmate hunger strike that began at Pelican Bay State Prison in July.

According to a fact sheet released by Ammiano’s office, AB 1270 “seeks to restore the media’s ability to conduct pre-arranged in-person interviews with specific prison inmates…It would allow the media to provide more balanced information about our prison systems to keep the public informed and our institutions both transparent and accountable.” (The full fact sheet appears at the end of this post.)

The fact sheet notes: “Media is even more restricted access to the most controversial correctional facilities such as the secure housing units (SHUs).” It goes on to describe the extreme isolation of the SHUs, and mentions findings that link solitary confinement to mental illness and suicide.

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Voices from Solitary: “There Must Never Be A Time When We Fail To Protest”

The following is a series of excerpts from letters written by a prisoner who has been in solitary confinement in the Security Housing Unit (SHU) at Pelican Bay State Prison for nearly two decades. He participated in the July hunger strike for changes to  conditions in and policies governing California’s SHUs, and resumed during the second phase of the strike in September. The letters, dated before, during, and after the September 26th-October 13th hunger strike, provide a glimpse into the motivations and experiences of the hunger strikers.

Sept. 25, 2011

We choose our reactions and attitudes to situations that irritate us just as we choose what to wear each day. I have learned that we have the power within to choose the outcome of our feelings, embracing a bad, painful feeling or running from it. Also it helps to experience what we feel from the inside out. When everything on the outside looks gloomy, we open our heart/mind where the love and peace live, and healing. There inside are the answers that we seek, to bring calm and conscious flow freely as our inner compass.

Doubts ruled my life for a long time, and the thought of opening myself up to face reality scared me. The feeling of worthlessness loomed deep, at a loss where to start my transformation. Not only that, I didn’t want to face my own demons and shadows, which caused fear and incapacity, kept me inactive inside, spurning growth. To be able to detach from this has brought a gush of fresh air into my life and new commitment to change now, grow up. I made tons of mistakes and bad decisions over the course of my life that I am not proud of. Everyone has stuff in their lives to sort out, which is a challenge of course when conditioning is deeply rooted. No change is possible without awareness, healing, and commitment. Living in denial, one is empty and disconnected from life, as was the case with me for too long. If we know how to love ourselves, truly accepting our whole being, there is peace, strength, active inner growth and excitement naturally, and overall happiness.

Heard on Cali NPR news that CDC –PBSP said another strike will start 9/26 in SHU. That inmates are trying to manipulate the system via the hunger strike protest to get what the CDCR won’t give them. And that disciplinary actions will be taken against inmates partaking in the hunger strike. The penalty would be 90 days’ loss of privileges (TV/canteen), also photo (1) a year. This threat is to be expected issued by PBSP staff, and it will deter inmates from getting involved in the strike tomorrow. I don’t think support in here, numbers of inmates participating, will be as huge as the count in July. Or it’ll be a high count at the start then a big number drop after a few days. But even with a small number of committed inmates striking, with support from outside a lot can still be accomplished. It doesn’t seem like many inmates are enthused about this upcoming strike, hardly any talk of it. There are a lot of inmates in SHU satisfied with what we won from July hunger strike, and feel no need to strike so soon, wait for 4-6 months to see if CDCR comes through or not. A lot of inmates will also use excuses to not partake in this strike. It doesn’t make them bad if they decide not to be a part of this. We are all suffering in the SHU and need to all stand together, not separate, protesting peacefully to end prison abuse and unfair CDC policies.

What I went on hunger strike last time for was for human justice, to be treated right as human beings, fairness, compassion, positive reform, dignity, just to bring awareness about what’s going on here in the SHU, the torture and suffering. I gained so much clarity spiritually and emotionally, cleansing from the strike, very important to my growth and human compassion happy to say.

There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest. It’s about being treated as humans and for CDCR to accept responsibility and follow the law as responsible employees of the state.

[Read more...]

California Department of Corrections Threatens Prison Hunger Strikers, Bans Lawyers

In response to a renewed inmate hunger strike to protest conditions in the California prison system, the California Department of Corrections and Rehabilitation has taken a hard line, threatening participants with disciplinary action and banning two lawyers who represent the strikers. According to the Contra Costa Times:

Prison officials are investigating the two lawyers for “alleged misconduct,” said Terry Thornton, spokeswoman for the California Department of Corrections and Rehabilitation.

Letters faxed Friday to San Francisco lawyer Carol Strickman of Legal Services for Prisoners with Children and Berkeley lawyer Marilyn McMahon of California Prison Focus said they were banned from inmate visits as the department investigated whether they had “jeopardized the safety and security” of the prisons.

Both women have been active advocates for the rights of prisoners at Pelican State Bay Prison, the Crescent City supermax facility at the epicenter of the hunger strike this week and another one in July.

“It’s under investigation. I really can’t comment any further on that,” Thornton said.

California Watch reports that the attorneys were banned under “temporary exclusion orders” that were signed by Corrections Undersecretary Scott Kernan on September 29. The order states that an investigation is underway to determine whether the lawyers “violated the laws and policies governing the safe operations of institutions within the CDCR.” While not providing specific allegations, the document cites a section of the California Code of Regulations: “Committing an act that jeopardizes the life of a person, violates the security of the facility, constitutes a misdemeanor or a felony, or is a reoccurrence of previous violations shall result in a one-year to lifetime exclusion depending on the severity of the offense in question.”

According to California Watch, Department of Corrections spokesperson Terry Thornton “confirmed the department had banned ‘some specific attorneys’ from one facility for alleged misconduct. She declined further comment, citing an ongoing investigation.”

Shortly after it banned the lawyers, the CDCR issued a memo to all striking prisoners, informing them that “the department will not condone organized inmate  disturbances.” The memo indicated that disciplinary action could be taken against inmates participating in the hunger strike, and that those identified as leaders could be placed in isolation in a Security Housing Unit. The memo did not state what might be done to those strike leaders already locked in solitary in the Pelican Bay SHU, where the strike originated.

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Voices from Solitary: The “Life Negating Emptiness” of the Pelican Bay SHU

In 2008 Hector Gallegos won second prize in the essay category in PEN American Center’s Prison Writing Contest with his powerful account of life in the Security Housing Unit (SHU) of California’s Pelican Bay State Prison. What follows is a long excerpt from his essay, entitled “Species of a Lesser God”; the full piece can be read on PEN’s website.

Indelibly etched in the canyons of memory I can remember being herded onto the Grey Gooses as these prison transportation buses are commonly referred to throughout the California Penal System. The solemn procession of prisoners wore a somber ghostly mask; one by one waist-chained, handcuffed and shackled we stepped into the belly of the Grey Goose. I cannot quite describe with any degree of accuracy, the feeling that settled over me prior to boarding, but there was an ominous silence which hung thickly in the air like a heavy dark cloud forecasting a wickedly vicious storm. It projected the coming of a tempest that would progressively descend upon my life like a savage moving monsoon. Indeed, a psychological-emotional storm we would all come to knew in the life negating emptiness that awaited our arrival in the Security Housing Units (SHU) of Pelican Bay State Prison…

The heat inside the bus was as stifling as the tension which lingered in the surrounding atmosphere. As the bus roared angrily  down Highway 101 the trance inducing drone of the big diesel engine lulled me into reflections of my life. Memories that had soared past me like the scenery flying by outside the barred, tinted windows of the anonymous Grey Groose and as swiftly as the life I had led thus far.

The restless dismal chimes of shackles and chains broke me away from the melancholy spell I had fallen under, and there followed the sudden realization that the world of oceans, mountains and landscapes would all soon be but a memory of another lifetime. Looking around me I found not to be alone in this realization, for the other prisoners there seemed to be entertaining similar thoughts, but no one dare speak of them.

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The Truth About Solitary Confinement in California

As inmates in California Security Housing Units (SHUs) and Administrative Segregation Units prepare for another hunger strike on September 26 in response to what they see as an inadequate response by the California Department of Corrections & Rehabilitation (CDCR), some informative figures have come out this month regarding California’s segregation policies in Pelican Bay State Prison and elsewhere.

Earlier this month, CDCR released figures regarding Pelican Bay SHU inmates. Over 1100 inmates of Pelican Bay’s 3400 inmates are currently in the SHU. Of them, over 513 have served 10 or more years in the SHU, and of those 513, 78 have been in the SHU for 20 or more years. In addition, 544 SHU inmates have been there for more than five but less than 10 years.  These figures generally confirm CDCR Undersecretary of Operations Scott Kernan’s testimony before the California Assembly’s Public Safety Committee on August 23 that the average time in the SHU is 6.8 years.

Statewide, according to Kernan’s testimony, there are over 3000 inmates in SHUs across California, though it is unclear as to whether or not inmates in Administrative Segregation Units are included in that figure.

According to California Watch, based on CDCR data, only 671 inmates since 1999 have qualified for a transitional program that allows validated gang members to return to general population cells from SHUs if they “show no signs of gang behavior for six years.” It is because of the difficulty of programming out of the SHU that many inmates have commented that the options a typical SHU inmate has for getting out of the SHU are “Debrief, Parole, or Die.”

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