CCC’S 3rd Birthday

This week, the CCC Blog celebrates its third birthday. Inaugurated in Fall 2008 anticipating our 2009 California Correctional Crisis Conference, we started covering the then-in-progress litigation in Plata v. Schwarzenegger, which this year became Brown v. Plata. We provided a full analysis of the Supreme Court decision here and here.

This year was a momentous occasion in California corrections. The state is struggling to comply with the Plata decision and is behind schedule. It has also been a momentous year in terms of humonetarianism (the practice of leniency and moderation in corrections initiated by budgetary cuts). Humonetarian discourse is characterized by a bipartisan focus on costs and financial prudence as a reason to promote criminal justice reform. To battle overcrowding as well as comply with Plata, the state is actively pursuing realignment, shifting inmates from state prisons to county jails, thus ending what Frank Zimring refers to as the “correctional free lunch” (county sentencing, state budget). Different counties are adjusting to the change in different ways, and realignment has important implications for juvenile offenders and for female inmates. Oh, and we followed several legislation initiatives: Prop 19, “control, regulate and tax marijuana”, which failed at the ballot, and the San Francisco sit/lie ordinance, which passed. We’ve just started covering this year’s crop, complete with a death penalty abolition proposition, a proposition to amend Three Strikes, and SB9.

We also occasionally looked beyond the California border. This year we examined out-of-state incarceration in Hawai’i, CCA’s complicity in the passage of deplorable SB1070 in Arizona, some other fresh Arizona horrors,  and we tried to stop the upcoming execution of probably-innocent Troy Davis in Georgia.

Some of the biggest news are occurring this summer. The inmates at Pelican Bay started a hunger strike in July, protesting their dubious profiling as gang members and cruel isolation confinement conditions. They will renew their hunger strike as of September 26 and need your support. Vigils are planned for Thursdays at 5-7pm, in the following locations:

– Sep. 29th: 14th & Broadway, OAK
– Oct. 6th: UN Plaza, SF
– Oct 13th: 24th&Mission, SF
– Oct. 20th: Fruitvale, OAK

Also, Prison Focus will be holding a special event about the strike at UC Hastings, which we will advertise separately.

Finally, we covered a much-hoped-for release of three innocent men, rogue meth-dealing motorcyclist professors, and the distressing news that statistical analysis suggests that the victim participation law did not increase victim participation.

The CCC blog thanks you for your continued support and readership. Please continue reading us, writing to us, following us on Facebook and Twitter, and keeping abreast of the impact of the financial crisis on the American and Californian correctional landscape. What we are is up to you!

Tomorrow: Open House and Petition for Troy Davis, My Office

An execution date has been set for Troy Davis: September 21 at 7:00pm EST.

Davis has repeatedly said he did not kill MacPhail, and seven out of nine witnesses who gave evidence at his trial in 1991 have recanted or changed their testimony.


No murder weapon was ever found, no DNA evidence or fingerprints tie him to the crime, and other witnesses have since said the murder was committed by another man — a state’s witness who testified against him.


The case has became internationally famous as the face of what critics call a corrupted justice system in the US deep south, with an innocent black man wrongly and hastily convicted of killing a white officer.

Tomorrow I will be holding an open house for Troy Davis at my UC Hastings office, Room #328, at 200 McAllister Street, San Francisco. I’ll be in 9:00am-12:00 noon and 1:00pm to 5:00pm. Step in and we can chat about the case. Sign petitions to the Georgia Parole Board and to the Governor of Georgia. Talk about wrongful convictions in general and what they mean for the struggle against the death penalty. Everyone is invited.

Today: Attica Uprising Anniversary

Today is the 40th anniversary of the Attica prison uprising. The New York Times features a nice opinion piece by Heather Ann Thompson highlighting the importance of this event.

In 1997, the inmates were awarded damages for the many violations of their civil rights and, though the state fought that judgment, in 2000 it had to pay out a settlement of $8 million. In 2005, the state reached a settlement with the guards and other workers for $12 million. The vast majority of the inmates and guards got far less than they deserved.


Despite having to pay damages, 40 years later, the State of New York still has not taken responsibility for Attica. It has never admitted that it used excessive force. It has never acknowledged that its troopers killed inmates and guards. It has never admitted that those who surrendered were tortured, nor that employees were misled.


We have all paid a very high price for the state’s lies and half-truths and its refusal to investigate and prosecute its own. The portrayal of prisoners as incorrigible animals contributed to a distrust of prisoners; the erosion of hard-won prison reforms; and the modern era of mass incarceration. Not coincidentally, it was Rockefeller who, in 1973, signed the law establishing mandatory prison terms for possession or sale of relatively small amounts of drugs, which became a model for similar legislation elsewhere.

This is particularly timely and poignant in light of the renewal of the Pelican Bay hunger strike.

And today at 7pm, a restored version of the 1974 film Attica will be shown at 518 Valencia St.

More details here.

More on Prison Diet: Food Choice as a Site of Autonomy and Self Expression

Giuseppe Arcimboldo, “Summer”

A story on the New York Times’ Bay Citizen tells of a jail inmate, Dave McDonald, who was denied a vegetarian diet during his jail term.

He refused to eat anything that he did not know was animal-free, and as a result, his weight plummeted nearly 50 pounds to 155.


“I don’t want animal corpses on my plate,” said Mr. McDonald, who is now free on bail. “My belief in not hurting animals is more powerful than any religious belief.”


Had Mr. McDonald said he was a vegetarian for religious reasons, or because of a medical condition, the county would have been legally required to comply. But Marin County officials said that simply believing in the sanctity of animal life was not enough.

This story, dealing perhaps with whom some might see as an atypical inmate, may bring to middle class’s consciousness the deeply rooted problems in an incarceration system based on selective incapacitation and a refusal to see its charges as individuals. We’ve discussed diets here before, when reporting on the addition of a Halal food option as one of the “five faiths” recognized by CDCR and on a study finding a decline in inmate violence when prison diet improves. But today’s story highlights another important aspect of prison nutrition.

Food plays a fundamental role not only in human survival, but also in self expression. The Internet is populated by abundant food blogs and articles. Food is a source of pleasure for many of us, but for many it is also an opportunity to live our beliefs and values through out palate. Recent online battles in the wars of vegetarianism and veganism brought home just how much people care about these food choices. Michael Pollan has proclaimed a set of rules for omnivores: “Eat food. Not too much. Mostly Plants.” Author Jonathan Safran Foer has written Eating Animals in defense of vegetarianism. Eric Schlosser’s Fast Food Nation, and the movies Food, Inc and Super Size Me, highlighted the many harms of an agribusinesss-managed food economy. Nina Planck’s critique of vegan diets for children was strongly criticized for its portrayal of vegans. A well-known vegan food blogger recently moved away from her vegan diet for health reasons and received harsh critique and death threats from the vegan community. And then there’s Lierre Keith‘s recent book The Vegetarian Myth, in which she speaks against industrialized, monopolized agriculture, saying vegetarianism and veganism still participate in a system that is fundamentally unjust – opinions for which she has been assaulted in public appearances. While it’s best to leave the discussion of the nutritional and political merits of vegetarianism and veganism to blogs that focus on such matters, clearly these folks’ food choices – on both sides of the debate – are inexorably tied to their identities, to the point that they are willing to endure harm to themselves or threat harm to others in the name of these choices.

The point is not to admire or criticize vegetarian, vegan, locavore, organic, paleo, low carb, low fat, or any other diet choice. The point is to remind all of us that people in custody are denied these choices. And for many people, the choice not to consume flesh or use animal product is as important and as deeply held as someone else’s sincere belief in one of the “five faiths.”Apparently, in California, vegetarian and vegan options are offered in state prisons as a courtesy; vegan meals started being provided after mass arrests of PETA members, prior to which they were only offered on a religious basis. As we see in today’s paper, in local jails the situation can be more precarious. As to other ideological choices, individualization is problematic. The implications of dietary choices touch on fundamental issues of prison management. Will the meal be served buffet style, so inmates have some choice in what is put on their plates? In supermax institutions and SHU units, does one have a say in what is pushed into one’s cell? Understandably, a system providing food to 160,000 people cannot make concessions for people’s tastes and whims, and I imagine the political outcry that would result if it did. But as it stands, the official stance on food choices, tying them inexorably to religion and offering few concessions beyond that, is discriminatory and illogical. Moreover, cheap as it may seem to feed many people uniformly (and badly), the price is paid in the form of violent behavior and health costs.

I’m also wondering what prison and jail policies are with respect to people whose diets are shaped not by their ideological preferences, but by their allergies and intolerances. If you’ll allow me a personal comment, it is difficult enough to be wheat intolerant in the accepting world of the Bay Area, where abundant choices exist. Bread is a basic food stable; it is cheap and mass produced, and as such, is the cornerstone of any attempt to feed people on a large scale in an industrial complex. The prison industrial complex is no different. So, is an inmate diagnosed with celiac, for example, offered an energy source in lieu of bread, like rice and potatoes? How can a system of mass incarceration ensure no contamination, when consuming even a small amount of wheat can be extremely debilitating and, in the longer term, lethal? And what about inmates who have anaphylactic reactions to certain kinds of food? True, exquisite shellfish are not on the menu in most prisons, but what about folks extremely sensitive to albumin, a component of egg? And what about the many people who have suffered digestive, respiratory, and musclo-skeletal debilitating conditions all their lives because they do not have the resources to be diagnosed with an allergy? In California’s broken correctional medical system, what are the odds that someone like that will be flagged as suffering from a real condition, let alone diagnosed with a specific allergy? Managing allergies is difficult enough for us average folks on the outside. I can’t even imagine what the protocols for such a situation are on the inside, nor can I imagine any concessions made to the general diet to accommodate them. If any of our readers is better informed about this, please share your information in the comments.

On October 24, the UC Hastings Consortium will hold a Food Day event on the topic of Food Deserts. Our conference will feature discussions involving food professionals, lawyers and physicians regarding the social sites that have no access to healthy, nutritional choices, including prisons and jails. Yours truly will be there, and I hope you will, too.

Addendum: Of course, all this discussion underscores the use of food refusal, in the form of a hunger strike, as a political tool. We remember Pelican Bay inmates and other inmates and their hunger strike. Stay strong.

Tonight: San Francisco DA Candidate Debate

San Francisco District Attorney Candidates Debate – Civil Rights and Criminal Justice Reform
With candidates Sharmin Bock, David Onek, George Gascon and Vu Trinh

Doors open at 6:30pm
762 Fulton Street

Sponsored by Lawyers’ Committee for Civil Rights, ACLU-Northern California, African American Art & Culture Complex, Asian Law Caucus, Chinese for Affirmative Action, Citizen Hope, Equal Justice Society, Equal Rights Advocates, and Hastings Race and Poverty Law Journal

This event will be the first opportunity for all three of the major candidates for San Francisco District Attorney to engage in a dialogue with each other, leading civil rights advocacy organizations, and the community about critical issues in criminal justice and public safety policy.

Candidates will be asked to discuss topics such as the disproportionate impact of the criminal justice system on communities of color, alternatives to incarceration, immigration, police misconduct, criminal justice realignment under AB 109, and policies to promote reentry and reduce recidivism.

The leadership of the San Francisco District Attorney is essential in ensuring that the city’s criminal justice system is fair and equitable and fully respects civil rights. The San Francisco DA has also often played a critical leadership role in advocating for progressive and smart criminal justice policies statewide and nationwide.

With the recent Supreme Court case ordering a reduction of nearly 40,000 prisoners from California’s prison system and major changes at the state level re-aligning responsibilities for implementing public safety, the need for bold and innovative leadership on criminal justice policy is especially urgent.

We look forward to seeing you there. If you have questions for the candidates, please post them as a comment below.

Click here for the event flyer : http://www.lccr.com/SFDA_D​ebate_8.3.11.pdf

Monday Protest in Sacramento

click to enlarge text

This Monday, supporters of the striking inmates will meet at the CDCR headquarters in Sacramento.

Previous statements from CDCR denied the existence, or minimized the size, of the strike. Now, it appears that CDCR is admitting that thousands of inmates are striking. The disappointing bit, however, is that the interpretation by the authorities completely misses the point. Look at this odd CDCR statement in the Chronicle: 

Prison administrators said the 676 remaining inmates who have refused meals since the strike began July 1 probably synchronized their statewide effort through organized criminal networks.


“This goes to show the power, influence and reach of prison gangs,” said Terry Thornton, a spokeswoman for the state Department of Corrections and Rehabilitation. “Some people are doing it because they want to do it, and some are being ordered to do it.”

What is being missed here is that, as opposed to the common race-related segregation and animosity within walls, this strike uniquely bridged people of different races. Probably, as in any form of public protest, there is leadership, and it would not be a big surprise if leaders are charismatic and had leadership status prior to the strike. What is remarkable here is CDCR’s refusal to acknowledge the elephant in the room. Why would thousands of people in deplorable conditions make their conditions even more deplorable by risking their health and well being in refusing food? Maybe the actual substance requires institutional attention? No, let’s just say “gangs”, and it will make the demands of thousands of people incarcerated in abysmal conditions disappear.

If you, too, are upset, and can make it to Sacramento on Monday, make your voices heard.

Edited to update: It appears that an attempt to negotiate with striking inmates has been made. CDCR has promised it would conduct a “comprehensive review” of SHU. Unsatisfied and displeased with these vague statements, inmates continue striking. Mediators report some of the strikers have lost 25-35 pounds and their health is deteriorating.

News from Pelican Bay

Image courtesy: SPCR (full story here)

Yesterday’s protest at UN plaza was an inspiring and uplifting event, even as it reminded us of the horrifying, hellish conditions inmates are subject to at SHU units.

Anti-death-penalty activist, author and journalist Barbara Becnel gave us some news about friends inside, as did a number of family members and friends. It’s not easy to go without food or drink in prison, let alone under an isolation regime, in which food is one of the few things you have to look forward to. Health is deteriorating, but the men are determined to go all the way with the strike, said Becnel, because “we are already dead.”

Some of the publications I read, as well as evidence from visitors and family members, suggests that the CDCR publicized its 4th of July menu, which included items the inmates had not seen in a long time, in an effort to break the strikers’ spirits. And some former SHU inmates spoke up about their horrifying experiences in small, metallic, windowless cells, where they were locked for 23 hours a day save for a “dog run” for an hour.

The full formal complaint, including the inmates’ demands, can be read in this issue of Prison Focus (or, in a nutshell, here). The inmates ask for an end to collective punishment and “behavior modification”; for solid evidence, rather than conjecture, in labeling an inmate as a gang member; for an end to the abysmal, pshchologically harmful isolation regime; for adequate food; and for adequate programming. These are not demands for privileges, but rather for basic human rights.

Reports on the scope of the strike are misleading. Moreover, several newspapers have not even picked up the story. Please, inform the uninformed. Even in the era of Brown v. Plata, something must be done. Favorable decisions from the Supreme Court mean nothing if the outcome of relief isn’t felt in the darkest corners of the California correctional machine.

Inmates’ Hunger Strike Expands

http://www.latimes.com/news/local/la-me-0706-hunger-strike-20110706,0,3504424.story

Inmate hunger strike expands to more California prisons

Inmates in at least a third of California’s prisons are believed to be refusing meals in solidarity with maximum-security prisoners at Pelican Bay.

By Sam Quinones, Los Angeles Times
July 6, 2011


Inmates in at least 11 of California’s 33 prisons are refusing meals in solidarity with a hunger strike staged by prisoners in one of the system’s special maximum-security units, officials said Tuesday.

The strike began Friday when inmates in the Security Housing Unit at Pelican Bay State Prison stopped eating meals in protest of conditions that they contend are cruel and inhumane.

“There are inmates in at least a third of our prisons who are refusing state-issued meals,” said Terry Thornton, a spokeswoman for the California Department of Corrections and Rehabilitation.

The number of declared strikers at Pelican Bay — reported Saturday as fewer than two dozen — has grown but is changing daily, she said. The same is true at other prisons.

Some inmates are refusing all meals, while others are rejecting only some, Thornton said. Some were eating in visitation rooms and refusing state-issued meals in their cells, she said.

Assessing the number of actual strikers “is very challenging,” Thornton said.

Prison medical staff are “making checks of every single inmate who is refusing meals,” she said.

More than 400 prisoners at Pelican Bay are believed to be refusing meals, including inmates on the prison’s general-population yard, said Molly Poizig, spokeswoman for the Bay Area-based group Prisoner Hunger Strike Solidarity.

The group had received reports on the strike from lawyers and family members visiting inmates over the weekend, she said.

The group’s website claims that prison officials attempted to head off the strike by promoting a Fourth of July menu that included strawberry shortcake and ice cream. According to the website, the wife of a Security Housing Unit inmate said her husband had never had ice cream there and “has never seen a strawberry.”

Inmates at Calipatria State Prison — with more than a thousand prisoners — were among those reported to be refusing meals, Poizig said. Prison officials could not be reached for comment.

But Thornton acknowledged that inmates at the prison were refusing to eat state-issued meals.

The strike was organized by Security Housing Unit inmates at Pelican Bay protesting the maximum-security unit’s extreme isolation. The inmates are also asking for better food, warmer clothing and to be allowed one phone call a month.

The Security Housing Unit compound, which currently houses 1,100 inmates, is designed to isolate prison-gang members or those who’ve committed crimes while in prison.

The cells have no windows and are soundproofed to inhibit communication among inmates. The inmates spend 22 1/2 hours a day in their cells, being released only an hour a day to walk around a small area with high concrete walls.

Prisoner advocates have long complained that Security Housing Unit incarceration amounts to torture, often leading to mental illness, because many inmates spend years in the lockup.

Gang investigators believe the special unit reduces the ability of the most predatory inmates, particularly prison-gang leaders, to control those in other prisons as well as gang members on the street.

Prison administrators are meeting with inmate advisory councils to discuss the inmates’ complaints, Thornton said.

But “I have not heard there’s been any decision” to modify policies governing the Security Housing Unit, she said. “A lot of those policies have been refined through litigation.”
http://www.latimes.com/news/local/la-me-0706-hunger-strike-20110706,0,3504424.story

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