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Jun 23, 2017
From Prison Focus Issue 52
For many of us, it is much easier to be indifferent to social injustice. Most people would prefer to believe they live in a just society. However, one look at reality would suggest otherwise. It is hard for me to articulate the level of desperation in which many of us live, due to the uncertainty of deportation. Or the struggles of people who this system has brutally trapped at the bottom, to another, who does not exist in the state of desperation.
There is something profoundly American about this state of desperation that I speak of. What is America if not a settler-colony built by immigrants through forced or exploited labor? And what is the immigrant if not a person who dared to dream of a better life?
On the Statue of Liberty, in tribute to the immigrant who took the long, hard journey to America, you’ll find engraved into her a welcoming to those who dreamt for a better life:
“Give me your tired, your poor, your hurdled masses yearning to breathe free. The wretched refuse of your teeming shore. Send these homeless, tempest-tossed to me. I lift my lamp beside the golden door.”
Immigrants coming to America quickly find that this grand claim is just as hollow as the Statue of Liberty herself. It is within this question of immigration that I bring into the foreground the contradictions and imbalances that have been hurled upon those that have been so bold to grab hold of the American dream.
If we take a deeper look into the demographics of America, we will find that every single person in America is an immigrant. Even the indigenous survivors of genocide are themselves immigrants, to the extent that the Anglos-settlers have made them foreigners in their own land. For the native people, no person or entity can lay claim to the land, for it belongs to our mother earth and is there for each and every one of us. While this philosophy has not withstood the tide of human development, it is nonetheless, the most accurate description of who this country belongs to-it belongs to all of us!!!
There’s some historical precedent behind the regression in American politics, particularly around the issue of immigration. The trump phenomenon and its chicanery, aimed at diverting underclass whites from the economic reality of class struggle, have utilized the same tactics that the Nazi’s used to pit underclass Germans against underclass Jews. Like in Germany, sadly, the disenfranchised and undocumented fall prey to politicians who capitalize on the xenophobia behind immigration that has existed throughout Anglo-American history. Politicians often seek to keep their power by directing the grievances of their citizens, on the people who they feel lack the means to defend themselves, and in the case of the undocumented, the ability to vote.
Trump’s deplorable campaign slogan, “Build the wall! Build the wall!” - which millions of underclass and upper-class whites chanted in solidarity with Trump’s plans to deport millions of undocumented immigrants - deserves some thought. Not in terms of legitimacy, but in terms of the origin of this morbid slogan.
Often immigrants fleeing poverty and violence from countries south of the border are blamed for “stealing America’s jobs.” The scarcity of jobs since the 90s is a biproduct of corporations moving their creations out of the country, to maximize profit by using, to their advantage, the depressed wages of foreign labor, and the exploitation of its citizens, by certain foreign governments. This virulent, cutthroat, backstabbing, competitive American system places the disenfranchised immigrant in a factory or, in the case of the immigrant from Mexico or refugee from Central America, into the fields that produce the nation’s food. Undocumented immigrants generally work in support roles or in service trades for depressed wages. The Mexican who is charged with “stealing America’s jobs!” does the work that the average American doesn’t want to do. I have this feeling that the people who are plagued with this hysteria for building this wall (in which Trump and his partners will surely make immense profit off its construction) will end up regretting what they asked for. Humanity calls for resistance; resistance to an oppressor that has been in
existence since the beginning of time.
In Egypt, the Pharaohs utilized their enslaved population of Jews to build their pyramids. In America, the Anglo-settlers, after exterminating the indigenous peoples, used the dehumanization of the African man, woman, and child, whom they kidnapped from their native lands, to build the capitalist infrastructure in which this great nation of immigrants stands atop of. Then, the Anglo-settlers used the Chinese immigrants to connect the newfound empire with the mighty railroad system in which this country enjoys even to this day. By 1880, the population of Chinese immigrants in California alone, numbered 75,000. This was almost 1/10th of California’s populace. Chinese immigrants fleeing the degradation of their 5,000 year old civilization at the hands of British Crown and its social and economic aftermath, were literally brought into America by the railroads to be exploited for cheap labor. Like the Jews in Nazi Germany, the Chinese in America quickly became the object of continued violence when massacres of Chinese immigrants became commonplace.
In California, an entire article in their state constitution was directed to the Chinese: “Every means should be taken to prohibit their immigration. They should not be employed by corporations or any public works. And that the legislator should make necessary regulations for the protection of the state political subdivisions from the burdens rising from their presence.”
The hostility and xenophobia towards the immigrant has always been a part of Anglo-American history. This hostility is not just directed at immigrants of color, but also white immigrants from eastern and southern Europe whose immigration led to the restrictive immigration laws of the 20s, which set immigration quotas that favored the immigration of Anglo-Saxons. When the Irish fell into this category, they too experienced this hostility.
The flood of Irish immigration came after the great failure of the potato crop. The Irish came to America fleeing starvation and packed themselves in old sailing ships in pursuit of a better life. As far back as 1844, instances of antagonism and hostility are found when anti-Irish riots sprang up in Philadelphia during which Protestants even attacked a Catholic Church.
Immigration to America is a harsh experience regardless of sex, color, or religion. People come here from all over the world in pursuit of a dream. Then not just a dream, but a dream worth fighting for! With the election of Trump and the resurgence of white-identity politics, which perpetuates racist hostility is being perpetuated. The reality of actually having to fight for this dream is ever more real.
In 2013, soon after 30,000 prisoners embarked on a joint hunger strike, protesting against long term solitary confinement in California’s mass prison system (which was in solidarity with the hunger strike that was going on in Guantanamo Bay, Cuba), immigration activists went to Washington D.C. and bravely conducted their own hunger strike, calling for immigration reform. One of the core issues that was raised in this act of resistance was the heart wrenching, forced separation of families.
Having been born of a beautiful, extremely strong willed immigrant from Korea, I could only imagine the horror of a child who is American born, but has parents who are undocumented. The forced separation of a family is perhaps the most inhumane example of state sanctioned oppression that exists in America today. Immigration reform in America is one of the most pressing issues that this country faces, but it does not stand by itself. It is connected to so many other issues and runs right alongside police brutality, mass incarceration, and other socio-economic and political disadvantages that we have been placed under. No one issue stands alone. All of America’s contradictions and imbalances are interrelated. One must not concentrate of immigration reform alone. We have to organize around the whole system. The reality of the future of immigrants in this country is that we built this country, and we are here to stay. No wall, no power can banish us from these shores. This dream is of our Mothers and Fathers. It cannot be sold, for it was made in struggle, in sacrifice, in the blood, sweat, and tears of our Ancestors. We are the future! We are America! And we must resist!
In solidarity with my Brothers and Sisters at Standing Rock, North Dakota, I dedicate this to them, and all the depressed peoples of the world, my clenched fist goes up!
All power to the people!!!
Jun 23, 2017
keywords: Criminal Industrial Complex
From Prison Focus Issue 52
At the end of World War II the great American hero four star General Douglas MacArthur spoke out warning the public to be aware of this new “military industrial complex” in the years to come. For he had foreseen how greedy and insidious this new industry had become. With huge profits made providing the equipment, material and machinery for America’s war machine, he knew that this new power would not sit idle in times of peace, but would instead use all of their power and resources to influence new military conflicts. Today we can look back in history, and at America’s current foreign policy we see how prophetic his dire warnings turned out to be.
What has fallowed since World War II has been decades of continual conflict. Yes, all dressed up and justified in the name of democracy or to end tyranny. But war none the less, no matter how you dress it up. We have been involved in continuous conflict since that time: Korea, Vietnam, Desert Storm, Desert Shield, the Iraq war, Libya, Syria, and many other conflicts. These conflicts are presented in politically correct terms to justify our actions, not to our enemies, but to ourselves. But sadly we are continually lied to about the real reasoning. And even more sadly, and criminally negligent, is that American soldiers - our own heart and blood - are continually placed in harms way, fighting in unwinnable wars.
Rules of engagement and war policy are engineered with the intent not to win a war, but to maintain the status quo on the battlefield in order to insure continual conflict. Gone are the wars of occupation and imperialism. We no longer take a country nor its natural resources as our own. Contrary to what people believe, we never went to war for oil, we haven’t seen any country’s oil reserves. Wars of conquest are no longer in the interest of the powers to be, that top 1% who profited from the proceeds of supplying our war machine and other profit based monopolies; those with the power to influence America’s foreign-policy. Instead we now wage wars of destabilization. Look at Iraq, Libya, Syria. Look at the efforts to influence Egypt and other Middle East countries.
We are simply destabilizing the area to ensure decades of conflict to come. Not in the name of democracy, or because of fictitious weapons of mass destruction, but in the name of profit, at a huge cost, not only physically on the tax payers, but in the lives of America’s youth, our sons, brothers and fathers. (editor’s note: and daughters, sisters and mothers.)
And now there is a new threat, not only to America’s youth, but to the future of our country and the very fabric of our society. A new government program designed to create a new lucrative industry for those who supply its goods and meet its needs. One that looks to profit not only from the blood and lives of our sons, daughters, mothers and fathers, but to profit from the very devastating misery and anguish of human enslavement itself. Sadly, we have no Douglas MacArthur, no great American hero to warn us and give dire warnings. Nor does society today even see this threat. Nor are they aware of this insidious and cancerous new profiteering monopoly that has arisen in our American society. This is the “Law Enforcement and Prison Industrial Complex”, profiting off of the enslavement and imprisonment of our very own sons and daughters.
Let me ask you, what is the longest war in America’s history? And most would be oblivious to know that it’s America’s so-called War on Drugs, which has now been ongoing for over 40 years and counting. These are non-violent human beings who suffer from drug addiction. Not killers and not high-level drug traffickers. Some, like myself, serving decades. People with substance abuse problems are sentenced under the so-called “King-Pin Laws” which are intended for international large scale drug traffickers. Thanks to overzealous prosecution and abuse of power, these laws are instead used to imprison everyone who is prosecuted for drugs federally. And what does this do? It’s filling our prisons with a victimized class of people who are then imprisoned and enslaved for decades; warehousing our youth.
This is not a war of decisive actions, but one designed for continual “conflict” or more aptly as a continual campaign in which America will continue to throw away tax payer dollars. This campaign was designed not to end or eradicate the drug problem but rather to fuel incarceration. Federal money is poured into law enforcement, correctional complexes in private companies. Not only does this war on drugs profit those who service their vast enterprises of policing, prosecuting, and warehousing humanity, but it also builds an elected official voter base. This voter base is not limited to those in law enforcement and corrections, or their descendants. A new “tough on crime” voter base is always, constantly expanding and influenced by misinformation campaigns and fear mongering.
We’ve all heard the statistics. The US has only 5% of the world’s entire population, but has 25% of all the worlds entire incarcerated persons. We have incarcerated more people in our prisons than China, Mexico, North Korea, Russia and all eastern bloc countries combined. How is that? In the land of the free? We always look at and criticize Third World countries crying in outrage at their draconian and tyrannical policies. But in truth we imprison and enslave 25% of the entire world’s incarcerated and enslaved persons. And for what? Profit.
Like those confined on a slave ship, or livestock confined in holding pens, we are herded together in the small spaces and given the barest of necessities, only enough food to ensure we can sustain lives and cheap clothes to cover our bodies. Rehabilitative programs that are offered in prison are shams. They are focused on funneling money to the contractors who provide goods and services needed to sustain this ugly industry, and to provide high-paying jobs to the correctional employees who work in that field.
No effort is afforded to those seeking education. Instead the focus is on filling enrollment records for nonexistent classes to ensure future funding.
These insidious frauds affect all departments and all facets of the prison industrial complex. Money intended by legislative intent for rehabilitative programs, education, even inmate food, is never granted or applied in good faith to the execution of such programs. Instead this money is diverted either externally to privately owned companies or internally for other expenditures. This may include new equipment for the prison employees, staff lounges or even for their own dining and mess halls, where they eat not the same substandard food as the inmate population, but instead feast lavishly on top quality cuisine purchased out of the inmate food service budget. These funds are never spent on the incarcerated.
Our prisons have become not only profit based for those who established contracts to provide the goods and services to the prisons, or in the all too common case private prisons where they own the prisons themselves. But the internal mentality of the correctional worker is so perverted that it is a given that funds intended for inmates shall not be used for inmates.
The mentality of prison employees has been indoctrinated and degraded to the point that they no longer look upon inmates as wards or even people, but as a commodity to be housed, fed, counted and traded. From one arrested by the police on the street, traded to the courts, public defender’s office, probation, parole and prisons, those entrapped in our criminal justice system are simply commodities to be traded from one department to another, in a never ending cycle of profiting on humanities misery. And yet the public, society as a whole, is unaware of this suffering, of the gross abuses facilitated by those in power who profit off of misdirected government dollars, or the manipulation of the “Law Enforcement Prison Industrial Complex” where no longer is there any “corrections” or “rehabilitation”, but simply an effort to incarcerate the most people possible in the name and goal of profits and numbers.
The US government has in recent years fought what it termed “wars” against AIDS, drug abuse, poverty, illiteracy and terrorism. Each of these wars have a huge budget legitimized by legislators. But ultimately all one must do is follow the money to see who profits. Who has the contracts? Who are the shareholders? Why are these contract holders allowed to hold such monopoly? Why are antitrust laws not enforced in areas of private corporations profiting on government contracts? Who has such influence over government employees to get such a lucrative contract?
Every congressman, every senator, every politician has their own pet projects, their own special interest groups they are indebted to; their own private monopolies that they own a share or interest in. The industry owners and shareholders are the ones who control public opinion and ultimately control and influence our domestic and foreign policies. Capitalism has corrupted our society at great cost.
As long as there is so little oversight of government expenditures, so little public awareness, there will always be those who will manipulate and profit off any government spending, no matter the human suffering. Today the mainstream media on behalf of the rich not only influences public opinion, on such things as supporting tough on crime initiatives and tough sentencing with forms of fear mongering, but the media also intentionally fails to do in-depth reporting; such as following the money, or in-depth investigation of government spending. Isn’t that odd when our nation is so far in debt? Shouldn’t there be more public awareness of government spending? More accountability? However, the sad truth is that our media too is corrupted, bought and paid for. Where is the information regarding legitimate concerns that the people should be aware of, such as national debt, government spending, cases of undue political influence over our officials, and world news and events? Our mainstream media instead promotes an agenda of ignorance and an utter lack of accountability.
You are more likely to hear headlines about the Kardashians or stories promoting the agendas of the political parties and their financial backers. However what you will never hear is real news which should be of dire concern to all Americans, such as out-of-control and unsustainable government spending and the ballooning deficit. We do not hear about the state of America’s financial market, or of the global financial market. Nor do we hear warnings about the potential outcomes of our out-of-control spending, for the collapse of the American economy and the American dollar. It would be the same as Greece and Cyprus and every other nation state that has allowed their leaders to milk their economy dry.
Due to our ignorance and the lack of interest by the American people to question our policies, foreign and domestic, the government will continue spending in ways which will continue to profit the top 1%. As is the case with the government spending of dictatorships, little of the funds go to fulfill the needs of the masses.
Society needs to wake up and look at the reasons behind our domestic and foreign policies; to see past the smoke screens and misinformation. America needs to realize that we are no longer a true free democracy, but a nation controlled by the rich. Yes, much as a shadow government. This raping of our nations resources and lives, is an utter mockery and insult to the great nation that we are supposed to be.
Jun 23, 2017
keywords: Welfare Checks
From Prison Focus Issue 52
Our committee continues to work on a number of fronts to end the “security/welfare checks” that wake up California prisoners every half hour (in most solitary units) under the guise of suicide prevention, while in fact increasing the risk of suicide.
We support the demands of the Folsom hunger strikers, including demand #5: “END CRUELTY, NOISE
AND SLEEP DEPRIVATION OF WELFARE CHECKS
Sleep deprivation from welfare checks: Correctional officers (COs) on first watch create excessive noise with keys while walking every half hour; mixed with uncourteous loud metal on metal contact, it creates unnecessary cruelty and unusual punishment. A CO’s equipment and keys can be properly secured on their person to prevent the excessive noise, yet when asked for courtesy the noise is made extreme as a retaliation, thus waking prisoners every half hour the entire night."
We have heard from people in 13 different prisons suffering from sleep deprivation.
We recently responded to a CDCr Ombudsman who falsely claimed in an email that the “security/welfare check” issue has been resolved, that there are no complaints of being woken up, that Pelican Bay “modified the doors to stop the noise,” and that there are no longer inmates in SHUs, just “empty cells now at this point.”
We have sent hundreds of petition signatures and personalized letters opposing the “checks” to the Coleman suicide expert and Special Master. We have provided letters and information packets to CA Senator Bill Monning, the Majority Floor Leader, who has publicly agreed with our position, and to Amy Goodman of Democracy Now!
During the May 8, 2017 Quest for Democracy legislative day of action (organized by All of Us or None), a PHSS activist left informational flyers about the “security/welfare checks” with legislative aides in over 60 offices. Many were unaware that the “checks” are still occurring.
We have written an article, “Policy of the Cruel and Absurd: Sleep Deprivation in California’s Prisons.” We are seeking a publisher with the goal of getting it printed and online. Once published, we will distribute it widely. Please contact us (email@example.com) if you have access to any media.
We are supporting Jorge Rico, a prisoner at Pelican Bay, who has a civil rights lawsuit in the federal Northern District of CA court. His suit states:
“Since 2015, Pelican Bay State Prison has awakened inmates in the Security Housing Unit and Administrative Segregation Unit at least once an hour, all night long, with a cacophonous system of “Guard One welfare checks” that requires officers to strike a metal button on each cell with a metal rod.
This system is intended to reduce inmate suicides, but instead subjects inmates to torturous and unconstitutional sleep deprivation in the process of checking whether they remain alive.”
Jorge’s suit is one of at least two active prisoner civil rights cases filed to end the “checks.”
We will soon revive a campaign urging members of the CA Senate and Assembly Public Safety Committees to investigate and put a stop to the “checks” that are causing severe sleep deprivation. The Senate Public Safety Committee oversees CDCr’s budget, so it’s important to lobby them.
If you have been subjected to the “security/welfare checks,” please write to the Coleman suicide expert and Special Master about your experiences. We invite you to send us your ideas for actions to stop the checks.
Jun 23, 2017
keywords: First Amendment, Human Rights
From Prison Focus Issue 52
I am one of six principal representatives of our former “Pelican Bay Human Rights Movements First Amendment Campaign” (PBHRMFAC). Our mission statement was initially published within the March 2014 issue of the San Francisco BayView National Black Newspaper.
Since that time our “PBHRMFAC” has morphed into a system-wide California “Prisoners Human Rights Movement” (PHRM) in terms of securing our first amendment rights, by virtue of inherent first amendment objectives combined with the progress made relative to our protracted struggle against decades of long term solitary confinement, culminating in many of our releases from security housing unit (SHU) to various general prison populations throughout the state of California.
The primary objective of our First Amendment Campaign (FAC) is predicated upon effectively challenging and defending against the arbitrary, systematic, race-based, discriminatory pattern and practices of censorship established by prison authorities to stop (outgoing) and/or disallow (incoming) mail, or otherwise suppress expression of New African titled terms and related ideological/political writings and materials, pursuant to a spurious pretext of a nexus to Black Guerilla Family (BGF) activity when either authored or possessed by a specific klass of New Afrikan prisoners.
The described repressive social phenomenon inherent to the prison microcosm confronting the daily life situation of New Afrikan Prisoners, as it relates to the suppression and deprivation of our First Amendment rights established by the U.S. Constitution, is also interrelated and interconnected to the mechanisms of repression through unconstitutional censorship confronting our New Afrikan Nation (NAN) within the societal microcosm at large.
THE PROGRESSIVE INITIATIVES OF OUR PRISONER HUMAN RIGHTS MOVEMENTS FIRST AMENDMENT CAMPAIGN CONTINUE.
As a “NAN” of people nationally/socially oppressed and economically exploited within Amerikan Kapitalist society, we know that whether or not our physical existence is situated within or beyond prison walls, that together we are better equipped to meet and resolve any contradiction(s) impeding our first amendment rights to the U.S. Constitution. It’s axiomatic effective communications are also key towards conveying the material fact to the public our New Afrikan prisoner klass retains those First Amendment rights not inconsistent with the objectives of the penological corrections system and/or the safety and security of CDCr institutions.
The public must equally be made to understand notwithstanding the fact New Afrikan prisoners are not totally divorced from our First Amendment rights via prison incarceration, we are nonetheless confronted with a set of circumstances experienced as a consequence for having the courage to challenge the prison authorities arbitrary deprivations of our First Amendment rights, court rulings that rationalize deference to prison authorities in matters deemed to regard professional judgement. The courts are rationalizing that prison authorities are better suited to make judgements and decisions or to resolve matters pertaining to prison conditions than are the courts.
These types of court rulings provide for a lack of judicial oversight, checks and balances to the actions of prison authorities regarding their suppression and/or deprivation of New Afrikan prisoners First Amendment rights. Prison authorities are thereby vested with the power to violate the First Amendment rights of New Afrikan prisoners, and subsequently have their unconstitutional action(s) supported by soliciting alleged correctional experts to concoct and narrate elaborate theories as justification for the particular First Amendment violation, once the court litigation on behalf of the matter has been initiated and commences, whereupon the courts are routinely deferring their judicial discretion to the judgement/decisions of prison authorities. In this type of scenario the courts are entitling prison authorities to the rulings in their favor in virtually every First Amendment case.
CURRENT PRISON ACTIVIST AND NEW AFRIKAN COMMUNITY COURT LITIGATION NEEDS YOUR SUPPORT
A clear line of communication is the starting point for grasping the importance of our First Amendment Campaigns (FAC) established progressive objectives, from which essentially flows our inside/outside (prison walls) capacity to network and coordinate the logistics necessary to facilitate our FAC defensive measures, clear and effective communications necessarily entails providing our people within our many New Afrikan (Black) communities with accurate information regarding currently active court litigation being fought in the courts, pertaining to First Amendment rights abuses orchestrated and perpetrated by prison authorities against our New Afrikan prisoners klass or outside societal entities.
Presently, Kamau M. Askari, B/N Ralph A. Taylor persists with Civil court Litigation pertaining to a 42 U.S.C. Section 1983 civil rights complaint by a prisoner, initially filed February 14, 2014, in the United States District Court for the Northern District of California properly titled “Ralph A. Taylor, Plaintiff v. Edmund G. Brown, Governor, et al., defendants case No. CV-14-00647 VC, based upon both First and Fourteenth Amendment Consitutional violations.
Askari’s First Amendment rights to the U.S. Constitution were violated when Institutional Gang Investigators (IGI) at Pelican Bay State Prisons (PBSP) security housing unit (SHU) confiscated and retained his innocuous prison gang-neutral New Afrikan related ideological political, socio-cultural, historical writings and materials in process of conducting a search of Askari’s assigned PBSP SHU cell for the purpose of ascertaining whether or not there was any BGF-related indicia either in the cell or among the personal property of Askari, pursuant to a six year review to determine Askari’s status as either an active or inactive member of the BGF political-military organization.
Askari’s Fourteenth Amendment equal protection rights were violated by and through PBSP IGI’s established pattern and practice that discriminates against our New Afrikan prisoner klass on the basis of race by routinely confiscating, censoring, and/or suppressing New Afrikan writings and materials by claiming a nexus to the leftist BGF organization, which is a pretext used for spuriously alleging New Afrikan prisoners are involved in or promoting prison gang activities.
Askari has been compelled to file a notice of appeal in the aforementioned case to the United States Court of Appeals for the Ninth Circuit, i.e, Ralph Taylor, Plaintiff-Appellant v. D. Milligan, et al., Defendants-Appellees, case No. 16-17041. Askari’s opening brief on appeal was due April 7, 2017, for review of the two separate court orders issued by the United States District Court for the Northern District of California granting summary adjudication in favor of the defendants Prison authorities on both Askari’s First and Fourteenth Amendment Equal Protection claims. The defendants requested and were granted a 30-day extension of the time to file their answering brief to Askari’s appeal, which is currently due June 7, 2017.
The U.S. District Court’s grant of summary adjudication in favor of prison authorities on Askari’s First and Fourteenth Amendment Equal Protection claims was tantamount to a dismissal of his legal claims. The grant of summary adjudication on Askari’s first Amendment claim was through court deference to prison authorities in matters regarded constituting professional judgment, i.e. “Prison authorities version” of the facts of the matter alleging Askari’s confiscated New Afrikan writings and materials are prison gang-related, presenting a threat to legitimate penological interests and prison safety and security.
There was no independent fact-finding by the U.S. District Court relative to Askari’s First Amendment claim, in order to establish the truth of matters regarding the contents of his confiscated New Afrikan writings and materials, and whether or not their confiscation was warranted or justified. The court’s acceptance of and deference to the views of the prison authorities, was primarily based upon a supplemental declaration submitted in support of their motion for summary judgement by an alleged special agent expert in prison gang activities. Yet, the court failed to consider the professional judgement via transcripts of prior superior court testimony of a prison authority expert in prison gang activities, submitted as evidence in support of Askari’s opposition to the motion for summary judgement, and controverting the claims of prison authorities regarding material facts affecting the outcome of the case.
The U.S. District court granted summary adjudication in favor of prison authorities on Askari’s Fourteenth Amendment Equal Protection claim by diminishing, manifestly failing to consider, and/or negating material facts underlying and inherent to the claim. Askari’s Fourteenth Amendment Equal Protection claim is predicated upon the established pattern and practice of prison authorities, whose intentional discriminatory purpose is to arbitrarily discriminate against our New Afrikan prisoner klass on the basis of race, culture, and membership within the ideological movement of the “New Afrikan Revolutionary Nationalism” (NARN). Upon granting summary adjudication the court reduced the material facts of Askari’s Fourteenth Amendment Equal Protection claim, to being exclusively based upon Askari’s membership with the ideological movement of “NARN,” thereby holding that “NARN,” as an ideological movement, is not a klass.
The San Francisco BayView National Black Newspaper has been and continues to be a very valuable resource to prisoners nationally, as well as a staunch supporter of our New Afrikan humanity, prisoner rights issues, and human rights in general. Consequently, and because of the platform the BayView provides for the positive, productive, progressive prisoner activism the BayView has also been routinely censored by prison authorities nationally when deemed necessary, in clear violation of the First Amendment to the U.S. Constitution.
The foregoing fact being further exemplified by the nation-wide prison work strike that was promulgated for commencement September 9, 2016, towards ending prison slavery as it is sanctioned and authorized by the 13th Amendment to the Constitution. Due to supporting and publicizing the national prisoner work strike movement, the Sept./Oct. 2016 issues of the BayView were censored by prisons throughout the state of California and several other major U.S. prisons, based upon the claims of prison authorities that its contents pertaining to the nationwide prison strikes would incite internal disruption in prisons.
More recently the BayView was banned from Alabama’s Holman prison predicated upon a spurious allegation that it’s racially motivated.
First Amendment rights to freedom of speech and freedom of assembly are also coming under assault by some states who are legislating new bills intended to prosecute protesters and seize their assets under the “Racketeering, Influenced, and Corrupt Organizations” (RICO), when and where violence and/or destruction of property occurs during a protest movement. No doubt this is a fascist reform and responses to protest movements such as “Black Lives Matter,” as well as those motivated in opposition to the arbitrary, racist, and repressive political policies formulated by the newly elected president Donald Trump.
Lawyers, pro bonos, law students, and paralegals are needed to facilitate the consolidation of our First amendment campaign initiative
When we help each other, we are helping ourselves. We have the correct ideas, political programs, and theoretical knowledge to resolve the contradictions and repressive measures intensified to suppress and deprive us of our First Amendment rights.
What’s required to consolidate and establish the progressive objectives of our First Amendment campaign on a solid foundation is, for lawyers, pro bonos, law students, and paralegals, et al., practitioners of law, inside and outside of prison walls, and all people who stand for justice no matter who it’s for or against, to contribute your professional expertise in legal science and legal procedure coordinating your efforts with its, towards bringing to fruition realization of our First Amendment campaign initiatives. Let us not invite by our inaction a future perpetually "without justice.”
Jun 23, 2017
keywords: Ashker Settlement
From Prison Focus Issue 52
We are now in the 20th month of the two year monitoring period of the settlement agreement in the Ashker v. Governor case. That case began as a federal civil rights lawsuit alleging cruel and unusual punishment and due process violations related to the Pelican Bay Security Housing Unit (SHU). The settlement expanded the reach of that case, by mandating significant changes in how the California Department of Corrections and Rehabilitation (CDCR) houses prisoners whom it has deemed to be affiliated with gangs (now termed “Security Threat Groups” or STGs).
Previously, any prisoner who was “gang-validated” (determined by CDCR to be a member or associate of a prison gang) was placed automatically in the SHU for an indeterminate term. This policy has been outlawed under Ashker. Now, gang validation alone is insufficient to place a prisoner in SHU or Administrative Segregation (Ad Seg). To implement this new policy, CDCR has reviewed the cases of all validated SHU prisoners and released almost all of them to some form of general population. Some of these prisoners had spent twenty or more years in SHU, although others had been in SHU for less than a year.
Notably, gang-validated prisoners newly admitted or re-admitted to prison are automatically being placed in Ad Seg in Reception Centers while the IGI (Institutional Gang Investigators) conducts background investigations of the prisoners’ safety.
Under the settlement agreement, CDCR must issue new regulations consistent with the agreement. CDCR has not yet done so. In this manner, CDCR is in violation of the agreement. The monitoring period can be extended if there are current and systemic violations of the constitution or the settlement agreement.
Under pre-existing rules, a gang affiliate can be placed in SHU after a finding of guilt of a SHU-able serious rules violation. Of wide concern is whether CDCR will abuse its disciplinary procedures to throw prisoners back in SHU who have recently been released from SHU. The litigation team is monitoring this issue. Of note is the filing of many conspiracy charges based on confidential informants or notes. Conspiracy does not require the commission of the ultimate crime itself, only an agreement to do so and a single overt act. Therefore, it is an easy charge to allege. CDCR has revised its staff training materials on the use of confidential information and disciplinary proceedings; Ashker counsel has observed some trainings.
Under the settlement, if a prisoner is found guilty of a serious rules violation and the hearing officer finds that there is a nexus (connection) between the violation and an STG, then two years can be added to the base term for the violation. The prisoner would spend those additional years in SHU in a Step Down Program (SDP). CDCR has employed outside consultants to propose revisions to the previous SDP. Those consultants have met with prisoner representatives (the four reps). The consultants’ recommendations are a significant improvement over the previous SDP; however, CDCR has not indicated whether it will adopt them.
The settlement agreement created a new general population housing unit called the Restricted Custody General Population (RCGP), which CDCR located in B Facility at Pelican Bay. Its purpose is to provide more humane housing for prisoners who, in the past, would have been in SHU. To date, its use has primarily been to house prisoners that the Departmental Review Board (DRB) has decided have safety issues, meaning that their safety would be at risk in general population. Many prisoners sent to the RCGP adamantly oppose this placement. These placements are made on the basis of IGI reports which, in turn, are often based on confidential information, and are difficult to challenge. A second serious problem with the RCGP is that, short of debriefing or parole on a determinate prison sentence, prisoners are not getting out of the RCGP unless they are alleged to have committed a serious rules violation, in which case they are moved to Ad Seg or SHU. Finally, the placement of the RCGP in Pelican Bay has negatively impacted most prisoners’ ability to have social visits, given its remote location. Most people in the RCGP would prefer the unit to be moved further south.
The transfer to general population from SHU has generally been positive for most prisoners. Contact visits, phone calls, group yard, jobs and educational programs are enjoyed by those prisoners who have access to them. However, most prisoners were transferred to Level IV prisons, and many prisoners do not have jobs or classes there. These prisoners remain in their cells most of the time, much like SHU. Lockdowns also restrict movement and social contact.
Many longtime SHU prisoners are playing a positive role in general population. Throughout the state, they are exerting a calming influence on prison yards as they advocate for the Agreement to End Hostilities.
With the recent mass exodus of prisoners from SHUs across the state, CDCR has closed the SHUs at Tehachapi (CCI) and New Folsom (CSP-Sacramento). As of the end of March, 2017 (most current numbers available), there were 320 prisoners in Pelican Bay SHU and 116 in Corcoran SHU.
Former SHU prisoners coming up for parole are finding parole commissioners pressuring them to debrief, a pressure the prisoners thought they had left behind when they left SHU. While the settlement agreement represents a move from status-based to behavior-based placements, the parole board has not yet gotten on board with this CDCR reform.
As the plaintiffs stated in 2015 when the settlement was reached, “We recognize that achieving our goal of fundamentally transforming the criminal justice system and stopping the practice of warehousing people in prison will be a protracted struggle.“