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Landmark Victory Curbs Long-term Solitary Confinement in California Prisons

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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.

 

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Not Just a Southern Issue: Advocates Say SCOTUS Voting Rights Decision Has Already Started to Reshape Black Political Power

OAKLAND POST — Following the Civil War and Reconstruction, constitutional amendments expanded Black citizenship and voting rights across the South, leading to dramatic increases in Black political representation. But those gains were quickly met with violent backlash and the rise of Jim Crow laws designed to suppress Black voting through poll taxes, literacy tests, and other “race-neutral” restrictions.

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By Edward Henderson, California Black Media

U.S. Rep. Sydney Kamlager-Dove (D-CA-37), a member of the Congressional Black Caucus (CBC) whose district spans parts of Los Angeles County, joined fellow CBC member U.S. Rep. Troy Carter (D-LA-2) for a May 21 briefing with Black media outlets in California. 

The lawmakers highlighted what they describe as a mounting threat to Black political representation resulting from an April 29 U.S. Supreme Court ruling that weakened key protections under the federal Voting Rights Act.  

Kamlager-Dove and Carter warned that the decision, which narrowed the role of race in redistricting, is already reshaping congressional districts across the South and undermining Black voters’ ability to elect candidates of their choice.

“While we are a super blue state, we have far to go when it comes to Black representation; we tend to take that for granted,” Kamlager-Dove said of California, noting that the Golden State has the fifth largest Black population in the country and only has three Black members of Congress.   

“While I support building coalitions, we have to make sure that as a Black community we are not yielding our power,” she added.

Calling the fight “not unique to the South,” Carter urged Black communities nationwide to recognize the broader implications of the legal and political battles unfolding in Southern legislatures and courtrooms. 

The Supreme Court ruling centers on Section 2 of the Voting Rights Act of 1965, the portion of the law that prohibits voting systems or district maps that dilute the voting strength of racial minorities. For decades, Section 2 allowed civil rights groups to challenge district maps that weakened Black political representation even when lawmakers did not openly state discriminatory intent.

Now, advocates fear that standard has fundamentally changed. 

“You have to have smoking gun evidence,” said Mitchell Brown, senior voting rights counsel at the Southern Coalition for Social Justice, during a recent media briefing hosted by American Community Media on May 15. “Legislators are not going to say the quiet part out loud.” 

The implications could stretch far beyond congressional elections, Brown said.  

Section 2 protections have historically applied not only to U.S. House districts, but also to state legislatures, school boards, county commissions, judgeships, and local governing bodies. Voting rights advocates warn that weakening those protections could reshape political representation throughout the South, particularly in states with large Black populations. 

“This is not just a Southern issue,” said Amir Badat, manager of Black Voters on the Rise and voting special counsel at the NAACP Legal Defense and Educational Fund.

Badat described the current moment as part of a much longer historical pattern. 

Following the Civil War and Reconstruction, constitutional amendments expanded Black citizenship and voting rights across the South, leading to dramatic increases in Black political representation. But those gains were quickly met with violent backlash and the rise of Jim Crow laws designed to suppress Black voting through poll taxes, literacy tests, and other “race-neutral” restrictions. 

“This is the same move,” Badat said.

Advocates also emphasized that the consequences of weakened voting protections extend into everyday life. 

Local elected offices such as school boards, city councils, county commissions, and judgeships often determine funding priorities, public safety policy, education standards, and infrastructure investments.

“These are not abstract numbers,” Badat said. “These have real political consequences and policy consequences on people’s day-to-day lives.” 

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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).

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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.

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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.

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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.

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