Connect with us

Uncategorized

Landmark Victory Curbs Long-term Solitary Confinement in California Prisons

Published

on

 

A landmark victory this week to reduce long-term solitary confinement in California will immediately release up to 2,000 prisoners who have been held in isolation for 10 years or more for alleged gang affiliation.

 

The settlement in the case of Ashker v. Governor Brown on Tuesday is a historic step to reform the practice of keeping prisoners in solitary confinement indefinitely.

 

The lawsuit was originally filed by prisoners held in Security Housing Units (SHU) at Pelican Bay State Prison, challenging long-term solitary confinement as “cruel and unusual punishment” and as a violation of prisoners’ Fourteenth Amendment right to due process.

 

Under the settlement, prisoners in solitary confinement for alleged gang affiliation will be released into the general prison population. Some prisoners, depending on their offenses, will enter a two-year, four-step, step-down program to return to the general prison population.

 

In addition, solitary confinement will no longer be used as punishment for alleged gang affiliation, dramatically reducing the SHU prisoner population in the state.

 

Nearly 3,000 prisoners are held in solitary confinement in California prisons, the majority of which have been in the SHU for multiple years, some for as long as 30 or 40 years.

 

Prisoners in the SHU spend nearly 24 hours a day in small cells, not much bigger than a large bathroom stall and often without windows. They are denied phone calls, physical contact with visitors, and any recreational activities or programs.

 

Prisoners mobilized hunger strikes in 2011 and 2013, when over 30,000 prisoners protested indefinite solitary confinement.

 

The prisoners themselves played a critical role in the fight to win this settlement, said Jules Lobel, president of the Center for Constitutional Rights (CCR), law professor at the University of Pittsburgh, and the lead lawyer on the lawsuit.

 

Angie Gallegos holds a sign with photos of her brother who has been in solitary confinement for 26 years. Photo by Ashley Chambers.

Angie Gallegos holds a sign with photos of her brother who has been in solitary confinement for 26 years. Photo by Ashley Chambers.

Going forward, no prisoner will be held in solitary confinement for more than 10 years, a length of time that many consider still to be a violation of human rights.

 

“This is something we’ve been waiting for so long. It’s so emotional, I don’t even have words,” said Angie Gallegos, whose brother has been in the SHU for 26 years at Pelican Bay.

 

“Hopefully next month, we’re going to have our first hug in 30 years,” said Gallegos, speaking at a press conference Tuesday in front of the state building in Oakland.

 

Hugo Pinell, who was recently killed in prison, was held in solitary confinement for 46 years, the longest known time a prisoner has ever been held in isolation. Pinell’s life and fight against prison violence was acknowledged at the Tuesday press conference.

 

Marie Levin, the sister of one of the plaintiffs in the lawsuit, said her brother has been in solitary confinement for 31 years.

 

She said she has had no physical contact with her brother during that time. “It will be a blessing to hold him,” said Levin.

 

Marie Levin. Photo by Ashley Chambers.

Marie Levin. Photo by Ashley Chambers.

She said she hopes that other states will follow California’s example.

 

“They’re allowing prisoners to have input on the change,” said Levin. “So they’re asking the prisoners what do we need to change, how do we need to do this, what’s effective, what’s not – that’s going to make a difference.”

 

According to a statement released by the prisoners who are plaintiffs in the case, “California’s agreement to abandon indeterminate SHU confinement based on gang affiliation demonstrates the power of unity and collective action.”

 

“It is our hope that this groundbreaking (End Hostilities) agreement to end the violence between the various ethnic groups in California prisons will inspire not only state prisoners, but also jail detainees, county prisoners and our communities on the street, to oppose ethnic and racial violence,” the statement said.

 

The settlement includes the creation of a modified general population unit for prisoners coming out of the SHU, allowing them time outside their cell, family visits, phone calls and other privileges.

 

“Part of this agreement is that there’s going to be a new facility created for men stepping out of the SHU who’ve been there for 10 years or more,” said Anne Weills, one of the lawyers representing the plaintiffs in the lawsuit.

 

“There are different categories in this group: some of the men that are coming out, there may be threats against them so we want to protect them,” she said. “Some men will be in the step-down program; some men maybe have committed an offense that would place them in the SHU.”

 

Prisoners in these new units will have access to educational programming. Lawyers on the case also want psychological and mental health support for prisoners but that is yet to be negotiated, Weills said.

 

One additional term of the settlement is no retaliation against prisoners based on their conduct, leadership and involvement in this litigation, she said.

 

“This movement is so important…to give these men a proper setting to grow and to change, and to basically live a halfway decent life in the system,” said Weills.

 

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Uncategorized

Rest in Peace: A.M.E. Pastor and L.A Civil Rights Icon Cecil “Chip” Murray Passes

The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94. “Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

Published

on

The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94.

“Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

Murray oversaw the growth of FAME’s congregation from 250 members to 18,000.

“My heart is with the First AME congregation and community today as we reflect on a legacy that changed this city forever,” Bass continued.

Murray served as Senior Minister at FAME, the oldest Black congregation in the city, for 27 years. During that time, various dignitaries visited and he built strong relationships with political and civic leaders in the city and across the state, as well as a number of Hollywood figures. Several national political leaders also visited with Murray and his congregation at FAME, including Presidents George W. Bush and Bill Clinton.

Murray, a Florida native and U.S. Air Force vet, attended Florida A&M University, where he majored in history, worked on the school newspaper and pledged Alpha Phi Alpha Fraternity.  He later attended Claremont School of Theology in Los Angeles County, where he earned his doctorate in Divinity.

Murray is survived by his son Drew. His wife Bernadine, who was a committed member of the A.M.E. church and the daughter of his childhood pastor, died in 2013.

Continue Reading

Uncategorized

Court Throws Out Law That Allowed Californians to Build Duplexes, Triplexes and RDUs on Their Properties

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional. Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

Published

on

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional.

Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

A Los Angeles Superior Court Judge ruled in favor of the cities, pointing out that SB 9 discredited charter cities that were granted jurisdiction to create new governance systems and enact policy reforms. The court ruling affects 121 charter cities that have local constitutions.

Attorney Pam Lee represented five Southern California cities in the lawsuit against the state and Attorney General Rob Bonta.

“This is a monumental victory for all charter cities in California,” Lee said.

However, general law cities are excluded from the court ruling as state housing laws still apply in residential areas.

Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

“Our statewide housing shortage and affordability crisis requires collaboration, innovation, and a good faith effort by local governments to increase the housing supply,” Bonta said.

“SB9 is an important tool in this effort, and we’re going to make sure homeowners have the opportunity to utilize it,” he said.

Charter cities remain adamant that the state should refrain from making land-use decisions on their behalf. In the lawsuit, city representatives argued that SB 9 eliminates local authority to create single-family zoning districts and approve housing developments.

Continue Reading

Uncategorized

Funds for Down Payments and Credit Repair Given to Black First Time Homebuyers

The California Civil Rights Department (CRD) won a $10,000 fair housing settlement last November against a property management company, CIM Group LP, a global real estate company headquartered in Los Angeles, and property owner, RACR Sora, LLC, for implementing a blanket ban on renting to tenants with criminal histories at Sora Apartments in Inglewood. Three months earlier, the department, which enforces California’s civil rights laws, won another $20,000 civil rights settlement against a Lemon Grove property manager, who had targeted a Black tenant with a series of racist actions and threats of violence.

Published

on

By McKenzie Jackson, California Black Media

The California Civil Rights Department (CRD) won a $10,000 fair housing settlement last November against a property management company, CIM Group LP, a global real estate company headquartered in Los Angeles, and property owner, RACR Sora, LLC, for implementing a blanket ban on renting to tenants with criminal histories at Sora Apartments in Inglewood.

Three months earlier, the department, which enforces California’s civil rights laws, won another $20,000 civil rights settlement against a Lemon Grove property manager, who had targeted a Black tenant with a series of racist actions and threats of violence.

CRD Director Kevin Kish said the department investigates cases of apparent racial bias in housing and sometimes more subtle acts of prejudice like nuisance-free or crime-free housing policies or holding tenants to different standards based on their race.

Kish said, “People will get evicted if they call the police. This can negatively impact victims of domestic violence. We also see these no-crime ordinances, or no-crime policies, used in racially discriminatory ways. If there is some kind of incident, and the police are called and it involves a Black family, then they get evicted, but other folks aren’t necessarily evicted.”

On April 11,1968, a week after Rev. Dr. Martin Luther King, Jr. was assassinated, President Lydon B. Johnson signed the Fair Housing Act, which prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, and nationality.

Kish noted that William Byron Rumford, the first Black California State Assemblymember, who represented Berkley and Oakland, spearheaded the passing of the Rumford Act in 1963. That law sought to end discriminatory housing practices in the Golden State, five years before the Fair Housing Act became law.
Real estate agent and housing advocate Ashley Garner is the director of the CLTRE Keeper Home Ownership program. That organization gave 25 Black, indigenous, and people of color $17,500 each in down payment and credit repair support to purchase a home in Oak Park, a traditionally Black neighborhood in Sacramento, last fall. CLTRE obtained a $500,000 grant from the city of Sacramento to award the funds to the residents after they completed an eight-week homeownership program.

In 2021, the California Housing Finance Agency (CalHFA) noted that around four in 10 Black California families owned homes, which trails that of White, Asian-American and Latinos.
According to Forbes, the median price for a home in California is over $500,000, which is double the cost of a home in the rest of the country.

Black lawmakers recently introduced their Reparations Priority Bill Package that includes support for Black first-time homebuyers, homeowners’ mortgage assistance and property tax relief for neighborhoods restricted by historic redlining.

California Housing Finance Agency (CalHFA) spokesperson Eric Johnson said CalHFA helps prospective low-income and moderate-income Californians purchase homes by offering down payment and closing cost aid. “There are lots of people who have steady jobs, good credit scores, constant income, but they haven’t been able to save up the money that traditional banks need or want to see for a down payment,” Johnson stated. “We help those folks out. We give a loan for the down payment to get them over that hurdle.”
CRD and the Department of Real Estate hosted “Fair Housing Protections for People with Criminal Histories” Zoom call on April 10.

On April 25, CRD will also hold Zoom seminars focused on advocating for fair housing for people with disabilities.

Continue Reading

Subscribe to receive news and updates from the Oakland Post

* indicates required

CHECK OUT THE LATEST ISSUE OF THE OAKLAND POST

ADVERTISEMENT

WORK FROM HOME

Home-based business with potential monthly income of $10K+ per month. A proven training system and website provided to maximize business effectiveness. Perfect job to earn side and primary income. Contact Lynne for more details: Lynne4npusa@gmail.com 800-334-0540

Facebook

Trending

Copyright ©2021 Post News Group, Inc. All Rights Reserved.