The Biggest Human Rights Struggle You’ve Never Heard Of: Hunger Strike, Day Five

Twelve thousand California inmates are entering Day Five of a massive hunger strike in protest of their conditions. CNN reports:

Inmate demands include an end to long-term solitary confinement and halting what’s known as the “debriefing” policy, in which inmates are required to provide information on prison gangs to get out of solitary.

Other demands include warmer clothing, better mattresses and better food. In a letter to Gov. Jerry Brown and Corrections Secretary Jeffrey Beard, protest leaders say the quality of prison food “dramatically decreased” since the California Prison Industry Authority began supplying the cafeterias.

The strike’s leaders are in the maximum-security prison at Pelican Bay, near the Oregon state line, Walton said, but inmates in other participating lockups are encouraged to add their own demands. The Corrections Department said the strike is organized by prison gangs and that inmates will face disciplinary action for taking part.

The strike has received some mainstream press coverage and on the hunger strike coalition website and SolitaryWatch, and I still run into usually-well-informed people who are unaware of it. The L.A. Times ran a survey, asking its readers whether they thought conditions in California prisons were inhumane; 60% of respondents said no. Here are some reasons why you should inform yourself and care. 

1. Because solitary confinement conditions in California are more horrible than you can imagine.

Have you ever been alone? Really, truly, not I’ve-gone-camping alone? For twenty-two and a half hours a day in a tiny room, without interacting with a living soul? With a brief time for exercise in a windowless corridor by yourself? What would it feel like to live like this for years? For decades? Doctors, psychiatrists and other experts that have had a chance to examine inmates in the SHU report that the conditions amount to torture and the toll on the human physiology and psyche is unbearable.

2. Because getting into solitary is so easy.

There are two ways to get into solitary confinement: One is segregation as punishment for breaking prison rules, and the other is being suspected of gang membership. The process to validate gang membership is obscure and problematic, and membership in any one of some 1,500 groups can land you in solitary. Sometimes, this typification is related to tattoos that were not removed, and sometimes to rumors and insinuations.

3. Because getting out of solitary is based on a highly problematic step-down process.

There are three ways to get out of solitary confinement: Parole, snitch, or die. To snitch is to admit to membership in a gang and provide more information about the gang. Not only does this require people to distance themselves from the only support system they’ve ever known, but the resulting information, provided in the hope to leave a hellish existence behind, may or may not be true, and may land other inmates wrongly in the SHU.

4. Because most SHU inmates will eventually be released, scarred from the experience.

There are some people who will die in prison, but most will eventually be released. And those people will need homes and jobs and ways to reconnect with family and friends. After a psychologically and physically destructive experience like long-term segregation, that ability would be seriously hampered, and recovering from the trauma of solitary conditions can take many, many years.

5. Because of the million small indignities.

It’s not just the big picture. What about the quality of the food? The fact that inmates could not have caps, to protect them from the cold, or calendars, or having their photos taken before the 2011 strike? There are a million small indignities that accompany a sentence in prison; more so in segregation. Life in prison is affected by considerations that you can’t even think of, such as access to reading material, technology, education, objects, and company of your choice (or company at all).

6. Because of how hard this strike is.

Food is one of the only comforts in prison. Refusing food and drink is a very difficult thing to do. Many of the inmates who are striking are elderly and seriously ill. Most of them came to prison from an impoverished background, and the years in solitary, complete with bad nutrition and confinement conditions, have made them very ill. And nonetheless they are willing to risk their health, perhaps to the death, because they are determined that nothing can be worse than living in the SHU.

7. Because we’ve been here before.

Inmates have engaged in prior hunger strikes in 2011 in an effort to improve conditions. Some minor improvements resulted, and the inmates agreed to end the strike with CDCR’s promise to revise its gang validation process and its evaluation of exiting inmates. The resulting policies were not better than the previous ones, and in some aspects, such as the number of possible gang affiliations, they were worse.

8. Because this struggle has galvanized and united prison population across racial and institutional lines.

Did you know that prisons engage in the unconstitutional practice of punishing inmates collectively according to their race? It’s true – lockdowns of all inmates of a given race are common practice and have recently been forbidden by a federal court. Racial divides are part and parcel of the prison experience, and there is a chicken-and-egg relationship between the inmates’ tendency to band in racial groups and the administration’s usage of such groups to divide and conquer. But last year, an agreement to end race-based hostilities in prison was reached among the inmates, and they are striking united against conditions, leaving behind decades of racial animosity. Moreover, inmates who are not in solitary confinement have joined the strike and are protesting against conditions in their own institutions.

9. Because crime shouldn’t be addressed with cruelty.

If I had a nickel for every internet comment I’ve seen to the effect of “these people should have thought of this when they committed these crimes.” Do you even know what crimes we’re talking about? Yes, some of them are heinous crimes. But some of them are nonviolent drug offenses, and some of these folks, based on what we know now about wrongful convictions, may well be innocent. But even for the folks who have committed violent crimes, incarceration for many long years is severe punishment. These conditions are way beyond punishment for one’s wrongdoing. They amount to torture.

10. Because of the families and children and loved ones and friends.

Even if you think that criminal culpability could somehow justify state atrocities of this scale, what about the inmates’ families, who have not seen their loved ones for decades? They have to travel eight hours or more to the distant locations of these facilities, pay for overpriced accommodations exploiting their plight, and hope to see their loved ones. People in solitary don’t get seen at all. And many children who grow up without parents deserve some care and attention.

11. Because these are your fellow Californians and you should have some goddamn empathy. 

It’s easy to pretend that all this is happening in a parallel universe we don’t have to worry about. But this is happening right here in California. If you don’t have a friend, a neighbor, or a coworker who is or has been behind bars, it’s because the experience of incarceration is not randomly distributed across the state’s population, which in some ways should bother you more, because it means incarceration is widely increasing the gaps between Californians. But even if these folks are not of your color or income level, they are your fellow human beings who share this Earth, and this state, with you, and they deserve, if not your love and adulation, at least your empathy, and your appreciation for their struggle.

12. Because of the kind of society we want to be.

Many people said a couple of weeks ago, in the same-sex marriage context, that they wanted to be “on the right side of history.” One day, and I hope that day will come in my lifetime, we will look upon the practice of holding people in tiny cells, without human company, with the shame and horror we reserve for corporal punishment and torture, because that is what this is–torture. And on that day, you will want to look back on your former self and know that you saw torture for what it was and stood up for treating your fellow human beings with dignity.

Hunger Strike, Day Three: 29,000 Inmates Refusing Meals; 2,000 Enagage in Work Stoppage

The L.A. Times reports this morning:

The inmates issued a hand-written letter spelling out their demands for improved prison conditions, including cleaner facilities, better food and more access to the prison library. It is one of at least eight demand letters California prison officials had in hand as some 29,000 inmates — a slight decline from 30,000 Monday — refused meals Tuesday.

Corrections officials said the wide protests — mostly focused on solitary confinement conditions — were causing no disruptions, although 2,000 inmates refused to show up for their prison jobs or attend classes. The state does not acknowledge a hunger strike officially until inmates have missed nine consecutive meals, which would occur late Wednesday.

The protest comes at a time of turmoil in the California prison system, criticized by the federal courts for unconstitutionally poor care of inmates and an unchecked outbreak of potentially deadly valley fever. State officials recently agreed to comply with a federal judge’s order to move 2,600 inmates at risk of contracting the disease from Pleasant Valley and Avenal state prisons.

Interesting tidbit:

Corrections officials said Ramadan complicates their count of those who refuse meals in protest rather than as religious observance.

Hunger Strike, Day Three: Demands Across the System

Some of you may have wondered whether all 30,000 inmates who refused meals are housed in solitary confinement in the SHU. The strikers are from many correctional institutions, not only Pelican Bay and Corcoran. And the strike is not merely a move of solidarity on their part: Inmates have made demands of prison authorities in their respective institutions. Some of these demands address particular prison conditions, and some are more generally aimed at sentencing and the like. But one recurring theme is the classification system, and in particular the ways of establishing gang affiliation.

Hunger Strike Resumes on July 8

The hunger strike over conditions in SHU units in California resumes on July 8. Those who have been following this blog during the previous hunger strike may remember that, in March 2012, CDCR released new regulations in SHU units. The conditions have drawn the attention of the U.S. Bureau of Prisons, Assemblyman Tom Ammiano, and a torture expert from the United Nations. And, various organizations in California have reignited the fight against solitary confinement under the banner Stop Torture CA.  My former student Azadeh Zohrabi and current students Courtney Oxsen and Ashley Toles are among those spearheading this campaign, and my colleague and former student Caitlin Henry does important and valuable work on prison visits and organizing.

For those only now joining the bandwagon, a new piece on the hunger strike coalition website explains why the new policies amount to torture. Among other things, the guilt-by-association piece remains alive and well, and new definitions expand what would be considered as a “gang” for solitary confinement purposes.

We will provide updates on the hunger strike as its beginning date approaches and wish success and good health to the strikers, many of whom are elderly and frail.

Three Federal Judges to Jerry: Comply Immediately

Yesterday, a three-judge panel tired of the state’s evasion maneuvers ordered the Governor to comply with the original Plata mandate. The Sac Bee reports:

In a sharp rebuke of Gov. Jerry Brown, the judges said the state must take immediate steps to release inmates toward compliance with the panel’s 2009 order that the prison population be reduced to 137.5 percent of capacity, an order the U.S. Supreme Court later adopted.

“The history of this litigation is of defendants’ repeated failure to take the necessary steps to remedy the constitutional violations in its prison system,” the panel wrote in a scathing 51-page order and opinion that demands the state immediately slash inmate levels or face a contempt citation.

“We are compelled to enforce the Federal Constitution and to enforce the constitutional rights of all persons, including prisoners,” the panel wrote in an order that left no doubt the judges believe the state has intentionally defied its previous orders.

The latest one essentially requires the state to cut its inmate population by nearly 10,000 inmates by the end of the year, and to take steps to ensure that the count will not jump back above the 137.5 percent level.

On other occasions, we’ve discussed the court’s patience with the state and explained why it might seem a preferable course of action to get as much as possible accomplished consensually. But it seems that the court’s patience has worn thin.

Interestingly, the original Plata decisions did not explicitly require a release, and neither does this one. Realignment-related measures could be taken to increase capacity. 

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Props to Simon Grivet for the link.

Happy Father’s Day to Incarcerated Dads

Every Mother’s Day and Father’s Day, the Get on the Bus project brings children to visit parents in prison. This laudable initiative should draw our attention to the fact that, for all other days in the year, many children still have incarcerated parents.

The Bureau of Justice Statistics has issued a special report on parenthood behind bars. The findings are fairly grim; as many as 60% of fathers in prison do not have contact with their children. The racial distribution is distressing as well, and means that entire communities lack the experience of regular father-child contact.

Sesame Street’s Little Children, Big Challenges, has stepped up to the plate and created a kit for children of incarcerated parents. This report includes various clips from the program. And while, as Time Magazine reminds us, the show cannot fight mass incarceration in its entirety, it is a small and important step toward acknowledging mass incarceration as an experience affecting a large number of American children.

Riverside Jail Sends Inmates to Fire Camps

Image courtesy prisontalk.com.

This Wednesday, Riverside County Jail became the first county institution to send inmates to California’s fire camps, in which state prisoners help put out fires. Richard de Atley of P.E. bloggers reports:

The 20 inmates were sent Wednesday, June 5 to the CDCR’s Sierra Conservation Camp training facility, in Jamestown. CDCR has agreed to place the trained county inmates in Riverside County fire camps, whenever possible.

. . .

County Supervisors in April approved a Sheriff’s Department proposal to supply county inmates to the fire camp program. More inmates will be sent every two weeks until the program reaches capacity of 200 Riverside County inmates at any time during the next five years.

Riverside County’s five jails have been at capacity shortly after realignment began. More than 10,000 inmates have been released early due to realignment, jail officials have said.

. . .

Riverside County will pay $46.19 daily per inmate. The funds were set aside from realignment money controlled by the Community Corrections Partnership, a joint local agency that includes the probation, sheriff, mental health department and district attorney and public defender’s offices.

Riverside County’s fire camps are located in Norco and Hemet. The county also maintains the Oak Glen camp, located in northern Riverside County inside the San Bernardino National Forest in the San Gorgonio Mountain Range, according to the Riverside County Fire Department’s web site.

In addition to helping fight wildfires, inmate camp members do public road maintenance and community service work.


For readers unfamiliar with California’s fire camps, I highly recommend Philip Goodman’s work (exhibit A, exhibit B). Not only do the fire camps alleviate prison overcrowding, they provide a much-needed public service. As an interesting aside, the strict racial divisions within the institutions blur when inmates work side by side on life-saving work.

Obtaining a job as a fireman after release from prison, however, may be tricky, as the fire departments run thorough background checks.

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Props to Caitlin Henry for the blog link.

Federal vs. State Prison Conditions

Yesterday’s afternoon saw a story by Andrew Cohen of The Atlantic about recent scandals of inmate abuse and neglect in four states.

First, on May 22, the Civil Rights Division of the Justice Department released a report highlighting the unconstitutional conditions of a county prison in Florida. Then, on May 30th, the American Civil Liberties Union filed a federal lawsuit alleging atrocious conditions at a state prison in Mississippi. One day later, the feds again sounded out on behalf of inmates, this time against profound abuse and neglect at a Pennsylvania prison. Finally, last week, a federal judge issued an order describing the unconstitutional “brutality” of the prison in Orleans Parish, Louisiana.

There were many common themes in the reports. In each instance, the mistreatment of mentally ill inmates was highlighted. Prison officials have failed to provide a constitutional level of care in virtually every respect, from providing medication and treatment to protecting the men from committing suicide. In the Louisiana court order, one prison expert is quoted by the judge as describing an “extraordinary and horrific” situation with the prison there. In the Florida investigation, federal investigators noted that local prison officials “have elected to ignore obvious and serious systemic deficiencies” in the jail’s mental health services.

Cohen asks why federal authorities are not investigating similar abuses occurring in federal institutions. I think it may be easier for the feds to investigate and regulate state institutions than their own. And yet, lawsuits regarding abuse in federal institutions are constantly filed, such as here and here. This USA Today story, written from the perspective of white collar criminals, suggests that, while federal institutions are safer, some state institutions offer benefits such as visits. The differences in conditions may have much to do with the population in both institutions, which differs according to type of offense, as seen from the BJS pie charts above.

The bottom line is that it is very difficult to make generalizations on the differences between systems when there are so many institutions. The variation in conditions within each system may be greater than the difference between the systems. And, therefore, Cohen’s point that the abuses in some of them closely resemble those in state institutions is well taken.

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Props to Heather Kelly and to Ben Fleury-Steiner for the link.