Protests at High Desert State Prison fight inhuman conditions

I am a prisoner at California's High Desert State Prison. Within the past few months CDC's administration has taken a course of action that infringes upon the fundamental rights that we prisoners have under the constitution, and this administration deliberately continues depriving us of these rights.

It all started when us inmates within Z-facility at High Desert were made aware of a "new" departmental operation policy that was signed in by Susan L. Hubbard, Deputy Director. We were made aware of this new policy right before it went into effect May 1st, 2005. In this new policy the CDC took several items from the prison canteen list for administrative segregation inmates, to strip us down to nothing more than animals. Items removed include things that are vital to ensure proper hygiene such as toothpaste, deodorant, shampoo, soap, vitamins and lotion. Other items that have been removed are food such as: soup, coffee, tea and coco. Unlike hygiene items, we don't have a constitutional right to these food items, but the administration has taken these items with intent to punish, maliciously, because the policy in no way promotes a legitimate penological interest.

Who ever heard of an inmate or staff person getting assaulted with toothpaste or stabbed with a vitamin, its absurd! But people do die from malnourished bodies, so why would CDC want us to be malnourished?

As a result of this administration's actions several inmates' appeals were filed to fight these issues. There was no adequate remedy so it was determined that prisoners within Z-facility needed to protest our current situation, or we will continue to face dehumanizing, cruel and unusual, unsanitary and inhuman living conditions. On May 6th several inmates within Z-Facility initiated a non-violent, peaceful demonstration: a hunger strike to protest this new unconstitutional policy. Within the following week 34 inmates joined the hunger strike.

The administration's retaliatory reaction to this was to suspend all daily functions such as yard, canteen and packages without due process of the law for all those participating in the peaceful protest. In essence the administration told the hunger strikers that they must forfeit their right to protest under the First Amendment in order to enjoy yard and other activities which they are entitled to under the eighth amendment. They can not make us chose one constitutional right over another, as we are entitled to both so both must be given. Eventually the hunger strike was broken after the administration made a bunch of empty promises to restore everything.

On May 30, 2005 another non-violent peaceful demonstration commenced. This one was a single cell protest where all inmates in Z-facility were no longer going to accept a cellie, as we are no longer compatible due to the administration's actions. No grown man wants to smell the body odors of another grown man who is deprived of deodorant and the means to living hygienically! On this day several inmates effectively reached single cell status with no violence or hostility from the administration. At this time an inmate generated memo was given to administration on behalf of all inmates in Z-unit letting them know why we are protesting and a list of demands (see below). The memo also informed the administration that this was a peaceful protest and is in no way targeting Z-unit staff. Upon receiving the memo, the administration suspended all program, yard, triage, law library, etc.

On May 31st the administration had to allow some movements as court was in session at prison prosecution and other inmates had appointments with outside doctors. On this day a couple of inmates attempted to separate because they were no longer compatible, but the administration with its retaliatory tactics choose to use violence against us for exercising our first amendment right and our eighth amendment right to personal safety.

When the inmates separated they informed the administration that they were no longer compatible, but the administration forced them back into a cell together by spraying them with mace and cell extracting them and physically forcing them back into a cell together. The administration forced them back into cells together in order to stage cell fights on camera. These inhumane tactics and treatment clearly violate prisoner's established constitutional rights. Especially forcing two non-compatible inmates to "cell-up" together intentionally, knowingly, and with malicious and sadistic intent, deliberately indifferent to a prisoner's personal safety. This administration's actions are reminiscent to what the prison administration was doing to prisoners in Corcoran SHU in the 90s.

On June 1 the prison administration took the same course of action. This time I just happened to be a victim of the administration that grossly abuses its authority. On this morning I was taken to see the triage nurse who I had been trying to see for some time as I am a chronic care inmate who suffers from seizures. After seeing the nurse, and while I was being escorted back into my cell, I told staff that I am no longer compatible with my cellie and I was not going to go back in.

I was then put in a medical holding tank and left in there for hours with cuffs on that were real tight which left me with a small scar on my right wrist. Lt. Perricord came to speak with me and asked why I couldn't go back into my cell with my cellie and I informed him that my cellie and I were not longer compatible. He then said they were going to cell extract me and force me to double cell. Basically he was telling me that only way they were going to separate us is if I assault my cellie. In the video of the cell extraction after they sprayed me with mace and forced me to be chained up to a triangle and forced me and my cellie into the cell together the Sgt stood by my door waiting for me to assault my cellie while he shook a canister of OC (mace) in his hand. This administration's actions not only violate clearly established constitutional provisions, but surpass that of criminal liability!

On June 30th I was pulled out of my cell with a cellie who I was no longer compatible with, and I was taken to see a doctor. After seeing the doctor I informed the Sergeant that I and my cellie were no longer compatible. A while later the Sergeant said that they were going to separate us but I am getting written up for threatening, but I made no threats.

On June 9th I went to ICC Classification. Captain Wright informed me that I am going to get a write up each week until I accept a cellie. How can two grown men live together in such horrible conditions with no soap, deodorant or toothpaste. I am not refusing to accept a cellie, I will accept one once all our demands are granted.

- A California prisoner, June 2005

HDSP prisoner demands

You are hereby notified that we Z-unit prisoners have initiated a peaceful, non-violent, single-cell protest in order to bring about changes to the inhumane and unconstitutional conditions we are being forced to endure due to previous and current policies and practices. We feel these policies have been aimed at de-humanizing and humiliation us, with no regard for our physical and mental well being, therefore, we have united in this peaceful stance in hopes of motivating HDSP and CDC officials into taking action at improving our living conditions. It has been our understanding that Z-unit will only remain operational if a minimum 150-bed occupancy is upheld at all times. We have thus far fully cooperated with staff in meeting this requirement; however we will no longer accommodate this necessity unless requested changes are met.

The following consists of our grievances covering policies and practices which require immediate change:

1. Issuance of 115s for protesting: this is a peaceful protest aimed at changes in policies which attack our well being. We only seek a mutually beneficial resolution. To issue 115s or suspend privileges as a result of this protest will only hamper a resolution.

2. Release from segregation: many of us are confined here due to fabricated statements made by confidential informants, validations, staff assault conspiracies, etc. Without the quantum proof or evidence to support their allegations. We are neither provided with the minimum of information enabling us to meaningfully refute the fabricated allegations. All validations and alleged conspiracies are to be overturned as these are not based on behavioral base, but on lies consequently we demand release to the general population to continue our positive programming.

3. Canteen/packages: newly implemented policies have called for the drastic reduction of total ban of certain canteen/package items. Some of these items (i.e. toothpaste, deodorant, shampoo, etc) are deemed necessary to living hygienically sound, and they have never been related to any safety and security issues. We demand that our formerly allowable items from canteen/packages be returned to us in full. This issue is non-negotiable.

4. Dismissal of H. Wagner as appeals coordinator: Mr. Wagner grossly abuses his authority when he dismisses/disregards CDC rules and regulations in screening out and denying otherwise properly filed and meritorious appeals. His motions have greatly contributed in our decision to protest in that he has rendered the appeals process futile recourse.

5. Transfers: We demand the practice of only using PBSP to house indeterminates be abolished that that endorsements to the other two SHUs be immediately forth coming especially when PBSP is closed to intake.

6. Z-unit (SHU) criteria prisoners: As is the case in other CDC Z-units, we demand that upon issuance of a SHU term, prisoners be housed in a designated section within Z-unit which functions as temporarily SHU housing until transfer, this would entail affording these prisoners full SHU/Group D status privileges - TV/radios, allowable book limits, extended visiting hours, educational opportunities, etc. Note: Z-unit already functions exactly like a SHU minus the specified privileges. This issue is non-negotiable.

7. Books, magazines, etc: We demand an increase to the unit of books, magazines, and newspapers we currently are allowed to posses in our cells (one of each).

8. Z-unit program independent of GP: The practice of locking down Z-unit, and suspending yard, canteen, etc. for matters exclusively related to the G.P. must cease.

9. Food portions: We demand proper/healthy food portions in each of our 3 daily meals. Current rations are inadequate, even for a child. Extreme weight-loss is evident in many Z-unit prisoners. This issue is non-negotiable.

10. Haircuts, razors/mirrors: The current haircut policy is ineffective. Shaving razors have already been approved by the department as these are already issued in other ASUs, however, this administration unjustifiably refuses to do so. We demand razors be issued three times a week during shower times, or that hair clippers be made available three times a week. We further demand the issuance of real and effective mirrors to prevent our cutting ourselves when shaving. This issue is non-negotiable.

11. Yard strip-out policy: The practice of strip-searching us before an audience outdoors when returning from yard is degrading and humiliating. We are, at times, forced to strip naked in cold, rainy weather. This strip-search is not necessary inside individual walk along cages and under continuous camera observation. This practice must cease.

12. Showers: The practice of searching our cells every time we utilize the showers must cease. Such practice we view as punishment/harassment. We should not be forced to forego our showers in order to spare our cells from being rummaged through.

13. Clothing exchange: The weekly laundry in circulation is in very poor condition and in short supply. Many times we are provided torn or small-size laundry/linen and staff will refuse to replace it. By this we sometimes face the risk of receiving a 115 for possessing torn laundry. Many of us avoid this service, for the above reasons, and just wash our own laundry, but we aren't provided with any soap for this. This service must improve. This issue is non-negotiable.

14. Law library access: Law library access is constantly denied due to the library officer being forced to perform tasks outside of his/her job descriptions. Such hinders our right of access to the courts, especially for those of us who are PLU - we demand adequate access to the law library.

15. Use of force in double-celling: The illegal and intimidating practice of issuing 115s to force prisoners to double cell must cease. This practice is not only unlawful but it breaches safety and security measures as well. It compels otherwise non-compatible prisoners to live together, resulting in escalating in-cell violence. This issue is non-negotiable.

16. Jumpsuit in cell: some of us endure extremely frigid cell temperatures due to the ineffective/broken ventilation system. Jumpsuits are not allowed in our cells for warmth, but instead we must live in our cells wearing only boxers, t-shirts and socks. This treatment is inhumane; therefore we demand we be allowed to have jumpsuits in our cells.

These are the issues and changes this protest is meant to address. We look forward to a peaceful, non-violent resolution and will cease this protest once these changes are in peace. It should be clear that this protest does not target the officers currently working in Z-unit, our problems are not with them but rather, we view them as victims of an administration and director who have carelessly chosen to make decision which Z-unit staff are expected to enforce and consequently, bear the anger and hostility from prisoners. IT is our view that the above-described policies/practices negatively affect both Z-unit prisoners and staff alike.

Verbal discussions of the issues will be permitted if the administration chooses a non-hostile approach to a resolution from the on-set.