Keep Fighting Gang Validation
I would like to comment on the "Legal Tips to Fight Gang Validation article that was printed in ULK 16. This comrade's tips are greatly appreciated and will help a lot of prisoners who are not familiar with our rights in the validation process. Here's the thing though, California Department of Corrections and Rehabilitation (CDCR) is aware of such due process rights and we get a 114-D lockup order, a chance to reboot our validations, and to be put up for the Security Housing Unit (SHU) by classification. However, it's all just a big charade without any meaningful review given at any time and no matter what we say or what evidence we present to show the source items are insufficient, unreliable and can't be used as source items per the Title 15 and relevant authority, we are ignored at every level.
I 602ed [grieved] my validation and clearly showed why my validation is false on all levels but was just given a general response at the 2nd and 3rd levels, as all prisoners are, saying I'm wrong and my validation meets the department's requirements. CDCR refuses to follow their rules and is just rubber stamping prisoners' validations and going through the motions that are nothing more than a front in an attempt to dupe the courts into believing we got our due process.
Now in my optimistic attitude I thought the courts would see the arbitrariness of my validation and actually, you know, follow the law. But when I sent in my habeas corpus to the Lassen County Superior Court it took them all of 6 days to deny my petition without holding any hearings, which is the only way the court could have determined that my source items showed "some evidence" and were reliable as they stated. So I sent my habeas corpus to the court of appeals hoping I can get a real review, which I have yet to receive. My case is no different from all other prisoners being validated here at High Desert State Prison and it won't change until we shed light on this dark process. So my question is, what do we do when the officials and courts that swore to uphold the law are disregarding it without a second thought? We all will continue to 602 and petition the courts about our fake validations for they can't ignore us forever.
Another case that is vital for validated prisoners to get their hands on to study and apply to their situation is the Lira v. Cate, No. C-00-0905 S1 (N.D.Cal. Sept. 30, 2009) which is regarding a former validated prisoner who challenged his gang validation and lack of due process and won.
MIM(Prisons) responds: They can't ignore us forever if we team up. As pointed out, people are facing the same situations all over. Legal battles are an important tool in the struggle, but we know the whole system, including the courts, is set up to oppress certain groups. Part of these struggles is making connections and working together. With enough unity around the right issues our reliance on the courts becomes less and less necessary.