[Pnews] Landmark Agreement Ends Indeterminate Long-Term Solitary Confinement in California
Prisoner News
ppnews at freedomarchives.org
Tue Sep 1 12:52:53 EDT 2015
*https://ccrjustice.org/home/press-center/press-releases/landmark-agreement-ends-indeterminate-long-term-solitary*
Landmark Agreement Ends Indeterminate Long-Term Solitary Confinement
in California
/Settlement Reached in California Class Action Suit Moves Out of SHU
Those There 10 Years or Longer, Ends Solitary Purely Due to Gang Validation/
/September 1, 2015, Oakland – /Today, the parties have agreed on a
landmark settlement in the federal class action /Ashker v. Governor of
California /
<http://ccrjustice.org/home/what-we-do/our-cases/ashker-v-brown>that
willeffectively end indeterminate, long-term solitary confinement in all
California state prisons. Subject to court approval, the agreement will
result in a dramatic reduction in the number of people in solitary
across the state and a new program that could be a model for other
states going forward. The class action was brought in 2012 on behalf of
prisoners held in solitary confinement at the Pelican Bay prison, often
without any violent conduct or serious rule infractions, often for more
than a decade, and all without any meaningful process for transfer out
of isolation and back to the general prison population. /Ashker/ argued
that California’s use of prolonged solitary confinement constitutes
cruel and unusual punishment and denies prisoners the right to due process.
“This settlement represents a monumental victory for prisoners and an
important step toward our goal of ending solitary confinement in
California, and across the country,” the plaintiffs said in a joint
statement
<https://ccrjustice.org/statement-plaintiffs-settlement-ashker-v-governor-california>.
“California’s agreement to abandon indeterminate SHU confinement based
on gang affiliation demonstrates the power of unity and collective
action. This victory was achieved by the efforts of people in prison,
their families and loved ones, lawyers, and outside supporters.”
“Today’s victories are the result of the extraordinary organizing the
prisoners managed to accomplish despite extreme conditions,” said Center
for Constitutional Rights President and lead attorney Jules Lobel. “This
far-reaching settlement represents a major change in California’s cruel
and unconstitutional solitary confinement system. There is a mounting
awareness across the nation of the devastating consequences of solitary
– some key reforms California agreed to will hopefully be a model for
other states.”
When the case was filed in 2012, more than 500 prisoners had been
isolated in the Security Housing Unit (SHU) at Pelican Bay for over 10
years, and 78 had been there for more than 20 years. They spent 22 ½ to
24 hours every day in a cramped, concrete, windowless cell, and were
denied telephone calls, physical contact with visitors, and vocational,
recreational, and educational programming. Hundreds of other prisoners
throughout California have been held in similar SHU conditions.
Today’s settlement transforms California’s use of solitary confinement
from a status-based system to a behavior-based system; prisoners will no
longer be sent to solitary based solely on gang affiliation, but rather
based on infraction of specific serious rules violations. It also limits
the amount of time a prisoner can spend in the Pelican Bay SHU and
provides a two-year step-down program for transfer from SHU to general
population.
The agreement creates a new non-solitary but high-security unit for the
minority of prisoners who have been held in any SHU for more than 10
years and who have a recent serious rule violation. They will be able to
interact with other prisoners, have small-group recreation and
educational and vocational programming, and contact visits.
Extensive expert evidence
<http://ccrjustice.org/expert-reports-ashker-v-brown> in the case
established severe physical and psychological harm among California SHU
prisoners as a result of prolonged solitary confinement. Plaintiffs
worked with 10 experts in the fields of psychology, neuroscience,
medicine, prison security and classification, and international human
rights law. The resulting reports provide an unprecedented and holistic
analysis of the impact of prolonged solitary confinement on human beings
and provided guidance in the construction of the settlement reforms.
Federal Magistrate Judge Nandor Vadas will oversee these reforms for two
years, a term that may be extended if the California Department of
Corrections and Rehabilitation is found to be violating prisoners’
constitutional rights.
Representatives of the prisoners who brought this lawsuit and
plaintiffs’ counsel will meet with CDCR regularly to ensure compliance.
Plaintiffs’ counsel will receive extensive documentation of the new
policies and practices and will meet frequently with Judge Vadas to
oversee the agreement.
“The seeds of this victory are in the unity of the prisoners in their
peaceful hunger strike of 2011. That courageous and principled protest
galvanized support on both sides of the prison walls for a legal
challenge to California's use of solitary confinement,” said Carol
Strickman, staff attorney at Legal Services for Prisoners with Children,
which is co-counsel in the case.
/Ashker v. Governor of California/
<http://ccrjustice.org/home/what-we-do/our-cases/ashker-v-brown> amended
an earlier lawsuit filed by Pelican Bay SHU prisoners Todd Ashker and
Danny Troxell representing themselves. In addition to Legal Services for
Prisoners with Children, co-counsel in the case are California Prison
Focus, Siegel & Yee, Weil Gotshal & Manges LLP, Christensen O’Connor
Johnson Kindness ^PLLC , Ellenberg & Hull, and the Law Offices of
Charles Carbone. The case is before Judge Claudia Wilken in the United
States District Court for the Northern District of California.
Read the settlement submission here
<http://ccrjustice.org/sites/default/files/attach/2015/09/2015-09-01-ashker-Settlement_Agreement.pdf>,
and a comprehensive summary of the settlement terms here
<http://ccrjustice.org/sites/default/files/attach/2015/08/2015-09-01-Ashker-settlement-summary.pdf>.
All documents in the case are on CCR’s case page
<https://ccrjustice.org/home/what-we-do/our-cases/ashker-v-brown>. Since
they cannot speak from prison, CCR is making downloadable video clips
from the plaintiffs’ depositions available here
<http://vimeopro.com/ccrmedia/pelican-bay>.
--
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