Crime

Historic Settlement Ends CA Indefinite Solitary Confinement

Published

10 years ago

January 28, 2016

Federal Judge Claudia Wilken this week approved the final agreement to end indefinite solitary confinement in California calling the settlement humane, innovative and fair.

Prisoners celebrated Tuesday’s settlement agreement, whose terms were agreed on last September, claiming it as a victory that bolstered their struggle for human rights.

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Oakland civil rights attorney Anne Weills, one of the attorneys representing the prisoners, said, “What was missing from the courtroom were all the prisoners who risked their lives in the hunger strikes of 2011 and 2013.”

Attorney Anne Weills speaks at a press conference in Oakland.

“Yes, our litigation team did the best we could to bring our clients out of indefinite solitary confinement and into the light of day – but there is no doubt that we could not have gotten where we have with this settlement without the leadership of the brilliant, courageous, fearless and enlightened men in the Short Corridor at Pelican Bay who in 2011 set this all in motion,” she said.

The Center for Constitutional Rights released data showing the agreement has already led to the transfer of hundreds of prisoners from segregated housing units back to the state’s general prison population.

Between preliminary approval of the California settlement in October and Jan. 22, 686 out of a total of 1,813 prisoners entitled to reviews under the settlement have been reviewed for release into the general prisoner population; 546 of the prisoners reviewed, nearly 80 percent, have been cleared for release into general population; and 437 have actually been released from solitary confinement.

The vast majority of prisoners who have been reviewed but not cleared are awaiting a higher-level prison review; most are expected to be released into general population as well.

The settlement requires all first-level reviews to be complete within one year.

Jules Lobel, the attorney representing the Center for Constitutional Rights said “we look forward to the full implementation of all its terms.”

One of the longtime prisoner organizers, Mutope Duguma, cautions, “The power of the legal support and the family/community support is what literally humanized us prisoners to the rest of the world. The countless families and friends did a remarkable job in representing us from an emotional and human perspective and our legal support represented our civil and human rights, and together they re-humanized us as men and women.”

“This is what made it possible for us to be able to demand such a settlement. It is with this family, community, and legal support that we demand accountable implementation of the settlement. We know what works so let’s stay the course,” he said.

A recently released letter written by one of the main representatives of the prisoners asks that prisoners “Monitor and report on the functional implementation of prison conditions and California Department of Corrections and Rehabilitation (CDCR) employees, holding their feet to the ground and letting CDCR employees know that they are not above the Ashker v. Brown Settlement Agreement.”

The settlement transforms California’s use of solitary confinement from a status-based system, in which prisoners were isolated indefinitely based on vague and unsubstantiated allegations of gang affiliation, to a behavior-based system, in which solitary confinement is used only as punishment for serious rule infractions and only for determinate periods of time. It also limits the total amount of time a prisoner can spend in the Security Housing Unit (SHU) at Pelican Bay State Prison.

The settlement includes a two-year monitoring period, which may be extended if the CDCR is found to be violating prisoners’ constitutional rights or the settlement terms.

When the case was filed in 2012 on behalf of prisoners in Pelican Bay, more than 500 of them had been isolated in the SHU for over 10 years, and 78 had been there for more than 20 years. They spent 22-and-a-half 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, and the settlement applies to all of them.

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Oakland Post: Week of February 11 = 17, 2026

The printed Weekly Edition of the Oakland Post: Week of – February 11 – 17, 2026

Published

10 hours ago

February 16, 2026

Oakland Post

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COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

Published

6 days ago

February 10, 2026

Oakland Post

Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

Published

6 days ago

February 10, 2026

Oakland Post

Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”