California Prisons

I just wanted to take advantage of this lull in the recent pain I've been struggling with, as much psychologically as physically. It should get better, relatively speaking, and pass. It usually does. The only thing that's truly effective is the pain medication I'm on, but I'm not in any position to request an increase. I've got a good doctor right now and he does what he can, of course within the restrictions imposed upon him that limit his abilities. It's really just so damn frustrating, not being able to identify the root of the pain. I can't help but genuinely wonder if I'd be subjected to this if I were not incarcerated and had good insurance and doctors?

You see, my doctor can only do so much here behind these walls for a number of reasons. Resources are practically non-existent and anything he wants to do, it's first scrutinized and questioned. And if it's okayed then he has to outsource it to an outside specialist and hospital. And quite often the specialists will either "shoot it down" or use it as an opportunity to run up a bill and bill it to the state. That is, they'll admit me for several days, or a week, run a load of expensive but pointless tests that they've run before. So I'm shackled to a bed and they always either discontinue, or significantly reduce my pain management to ineffective dosage.

So my doctor here is very limited in what he can do without ultimately risking his own employment. You push too hard to provide adequate health care to us animals and it won't be long before you're seeking employment elsewhere.

Philosophically, it's really an interesting dilemma. Especially for a Marxist, or one well acquainted with "the unification of opposites." As we know, the prison system as an appendage of the "state apparatus", is in its very essence, that is, by its "nature," an oppressive institution.

All doctors take a Hippocratic oath and although the oath is subjectively interpreted, the practice of medicine is objective, and the practice of medicine in its "essence" (nature) is irreconcilably opposed to the essence of the prison system and its very existence.

So any doctor employed by the state (prison) is in direct opposition to the very essence of its employers. This is an objective phenomenon that exists whether one is conscious of this inter-connection of opposing tendencies, or not.

Ultimately the doctor will either submit and capitulate to the interests, i.e. trajectory, of the state through a slow process of indoctrination that occurs both subtlety and conspicuously, consciously and subconsciously, as well as from their own experience that they will have with those prisoners around them. And this is the greatest influence on them. I have to admit that I have a tremendous amount of respect for those doctors that do last as long as some of them do when I see how some (most) of these "inmates" act. (notice my distinction of inmate vs. convict).

Anyway, my doctor is in a no-win position. He does what he can without jeopardizing his job security. And although you and I would without a second thought, push and fight until we were unemployed, in these circumstances we are in the minority.

MIM(Prisons) adds: This is just another example of how the oppressed struggle for day-to-day survival under capitalism, despite some principles like the Hippocratic oath. In every issue of ULK we print a statement discussing a better form of justice that will be implemented under the dictatorship of the proletariat. We often talk about Chinese prisons during the socialist period of 1949- 1976. The most in-depth reports we have of those conditions come from the former emperor and collaborator with the Japanese occupiers who slaughtered hundreds of thousands of Chinese people, and two Amerikan students imprisoned for spying for their country.(1) Both stress the fair treatment they received, and being fed adequate food in times when food was not always in adequate supply for the whole population. Meanwhile, in the heart of excess, in the United $tates, we have prisoners suffering from lack of basic needs.

It is obvious that this system has no interest in serving the oppressed. But what might not be so obvious is how prisons can and have been used in states that are of and by the oppressed. While a socialist state will use force to repress those who attempt to restore exploitation and oppression, the goal is to build communism. Therefore everyone is to be included in the benefits of society, and even the former class enemies will be won over by fair and humane treatment while being struggled with politically. That is what it looks like to engage in a project to abolish class differences. The key difference is the class in charge. It is only when the proletariat seizes the state from bourgeois rule that we will see systems that truly serve all people. Until then such claims are just political sloganeering.

I want to report another way the system tortures people in the Security Housing Units(SHU). Corcoran and Mule Creek State Prisons both throw away your legal mail. They do this in your face and behind your back.

I've tried to report this to the Inspector General and other offices. I filed a 602 grievance, but this don't work if your 602 arrive at the Office of the Appeal Coordinator. If you looking for help from the Office of the Ombudsman, this never happens, because the officer in both prisons tnrow away your mail in your face or they simply send back your envelope. The mail room has some yellow stickers that say "returned" and look just like those of the U.S. Postal Service, but it is easy to tell the difference if you look closely. They do this even when you have the correct address.

I lost my habeus corpus case because Mule Creek never sent out my extension time motion on 19 February 2015. I seen the officer throw it in the trash. At Mule Creek, officers Winkilend and Rechason do this a lot. Both officers are the only Black officers in the segregation building. Rechason likes to write "Refused signature", when that was never what happened.

The same thing happens at Corcoran. Here they often use the excuse that my name is written in a different order than in their database, even though they have the correct ID number. They don't deliver mail, magazines and even legal mail. Over here it is Officers Ponce, Lawrence and Padstoff who do that regularly.

I write a lot, it's true, but that is my problem. I'm working on my case. Officer Ponce and Lawrence told me in my face "fuck you write a lot" and they said I had a lot of mail and can't continue like that. Wow! What?! Like that in my face.

The biggest issue I see and hear about here is the constant racism by the white officers who are the only Monday thru Friday regulars. We have only 1 black officer who works on Saturday only. The rest of the week it is white pigs who work.

For clarification, I am a white man! I am gay! I am Jewish! an I am a self-educated, revolutionary, prisoner advocate! These facts, and the fact that I fight and advocate equality for all, makes me a target by the white racists and the one black officer.

But I refuse to be subdued.

Clothing, linen, grievances, and forms and supplies are some other issues. Clothing takes months to receive (I've been waiting 2.5 months with only 2 boxers and 2 pairs of socks in my cell). Linen gets exchanged once every 2 months (if we're lucky). Grievances unanswered or denied unjustly. And all CDCR Forms (602s, 22s, etc) and supplies (ajax, toothbrush, combs, paper, pens, etc.) are rarely, if ever, supplied and the pigs say they "don't have any" or they're out.

I've been trying to get a California Code of Regulations, Title 15 without success since 09-23-2015.

Next I would like to inform you on the business I've been conducting. I have been studying with 2 other inmates on the tier and putting together a resource directly that I wish to distribute to all inmates free of charge (though I do ask for donations if possible).

I have been unable to respond promptly due to various things happening here in the SHU. For example, based on the settlement agreement a lot of people are going up for committee and getting kicked back out to the mainline.

Well it seems these pigs aren't liking the settlement and have instituted a mass search from block to block. Mines was hit a few weeks back and to appease their anger/or retribution almost all radios and CD players were confiscated with the excuse of gluing shut the battery console or the security tape/seal is in the wrong place or tampered with therefore rules violation reports (RVRs) were issued out! The same with certain TVs!

Yeah things took a turn where petty nit-picking was given a new meaning. My circumstances were just as bad. After my whole pod was pulled out and placed in visiting rooms to await our pod search for nearly 5 hours. We were escorted back only for some to find total disarray in our cells, confiscated radios for similar reasons as explained above and I noticed my TV was damaged I brought to the supervising sgt attention who was willing to have my TV repaired until I mention the pig who searched my cell must of did something foul for which he immediately flipped the script and attempted to accuse me of damaging my own TV to gain something from CDCR. This blatant denial of the obvious was in attempts to have me react negatively to get sprayed out. For which I didn't, due to my placement that same day for transfer it didn't seem like a wise decision.

This just goes to show how CDCR behaves when pressure is put on them to change their policies of unconstitutional practices. Recently I have mentioned that while people have been getting kicked out the SHU their cells have been left vacant. This still holds true as of me writing this. The pigs are beginning to fill up empty cells on the lower tier with prisoners from upper tier whether it's same pod or not, my pod is currently full because of people form other pods moving in. We inquired as to when more people will drive up and we were told until whole tiers are left vacant. An ambiguous response as there's at least 3 pods with up to 5 or less people. 2 pods have no one on upper tier. So I'm not sure in what direction the SHU is heading or what purpose it will serve in the near future? While the big search on our block the sergeant actually told a whole pod that this will become common practice due to training COs and maintaining their employment for our releases will make their jobs obsolete in the SHU. The veracity of this pig's tirade is plausible yet we've heard other rumors for our blocks search/raid the underlying issue is the pigs are seeking retribution and looking for anything to write us up for.

I didn't get hit with a RVR as the pigs raiding my cell damaged my TV (intentionally or accidentally) is questionable, although I had to file a 602 and the outcome is yet to come at my new facility.

On 14 October 2015 my neighbor was suicidal and the COs didn't want to let him go, so he had to break his water sprinkler. But this is not what bothers me. What got to me was when they left em in there for 2 days and Sergeant Williams was in the tower booth laughing and turning his water sprinkler on and off for like an hour.

It was so much wasted water in our cells and on the floor in the tier, that I yelled if the tax payers see where their money is going they'll be mad, then I said if the police cared so much about the water shortage why would they do this. Just one week ago the same police got on his partner's head for watering the PSU yard grass and washing the bird shit from the ground, talking about "we're in a drought and you're gonna waste water for them to live in a clean environment?" The police rather step in bird shit themselves then to let us live in a cleaner atmosphere.

I feel that we will never be safe around them unless they wore cameras on their turtle suit and all over the institution.

[At our 2012 Congress MIM(Prisons) decided to begin the process of building statewide councils to develop USW and its leadership. That winter the work began to set up the first council in California. This coincided with a renewed round of strikes in the state involving more than 30,000 prisoners. As activism spread, so did invitations to join the council. In short time, lack of participation cut the membership back down. For about a year and a half now, leading USW cells in California have been participating in the council on a regular basis, struggling over theoretical and practical questions of organizing the prison movement. This article is by one participant in the USW California Council discussing some of the issues the council has tackled.]

The United Struggle from Within (USW) political line is anti-imperialist, as those behind the walls recognize the penal system and its institutions as an extension of imperialism. Therefore our struggles include both domestic and international issues. As a generated organism from the Maoist Internationalist Ministry of Prisons, or MIM(Prisons), some within USW have taken up MIM line while others have not yet. USW is an eclectic group of anti-imperialist prisoners working in cells, individually or in a coordinated groups through MIM(Prisons) guidance. Our revolutionary activities can vary according to each cell and location. This makes USW a multi-issue mass organization.

It is important to have USW comrades focus on campaigns that are relevant to their conditions. For instance, field reporting is universally applicable. But those doing indeterminate SHU sentences should focus on getting policies changed or bring up campaigns to shut down control units, while other comrades on mainlines could organize a cell of like-minded comrades, set up study groups, and raise other campaigns. We can all contribute to fighting censorship and other legal actions that can benefit all prisoners if won in court.

Each USW cell works in the framework of bringing the humyn rights of prisoners to the forefront. It is no surprise prisons are swamped with internal semi-colonies, with the long sentences, new detrimental laws that disproportionately affect oppressed nations, and other practices of the criminal injustice system that contribute to the mass incarceration of oppressed nations. This injustice must be brought to the public. Comrades from USW use propaganda as a tool to reach the masses who are sympathetic or will become sympathetic. We utilize Lenin's method of having Iskra as his party's way to get the written word out to the masses by making use of Under Lock & Key to advertise our campaigns, our polemics, our developing theories, or just to expose the negative conditions in prisons. ULK is our voice behind the walls.

USW are we the cadre?

Recently there has been an open polemic in regards to USW. Is it just a mass org without a leadership role or does it have leadership influence, and because of this should it no longer be considered a mass org? Well to apply dialectic materialism to this topic I would say USW is a mass organization formed in part by MIM line. "All correct leadership is necessarily 'from the masses, to the masses.' This means: take the ideas of the masses (scattered and unsystematic ideas) and concentrate them (through study turn them into concentrated and systematic ideas) then go to the masses and propagate and explain these ideas until the masses embrace them as their own, hold fast to them and translate them into action and test the correctness of these ideas in such action. Such is the Marxist theory of knowledge."(1)

USW is guided by MIM(Prisons), leading revolutionary work at their location. Accumulating experience and knowledge while engaged in this work, many USW comrades aren't spontaneous in heading into revolutionary activity, as this would probably prove disastrous if a comrade knows very little of what exactly to do. For this reason MIM(Prisons) has study cells welcoming those ready for revolutionary theory education that is Maoist in content. There are even advanced levels for those who wish to continue into the ULK Writers Group, the most advanced Maoist study cell from which stem numerous USW comrades or cadres.

I use the term "cadre" for reasons of revolutionary language because it permits no dual meaning in our propaganda, and I utilize Che Guevara's definition herein:

"What is a cadre? We should state that a cadre is an individual who has achieved sufficient political development to be able to interpret the larger directives emanating from the central authority, make them his own, and convey them as an orientation to the masses: a person who at the same time also perceives the signs manifested by the masses of their own desires and their innermost motivations."(2)

It can be said that any well politicized USW comrade is a cadre behind the walls as we need not receive directives from MIM(Prisons) to know how to organize and commit ourselves to a campaign. Yet revolutionary learning is limitless and anyone wishing to engage in polemics or just learn from other comrades can do so by either writing in to the MIM(Prisons) USW coordinator, joining a study cell run by MIM(Prisons) or reading up on ULK and writing in.

The Statewide Council

The momentum created by USW cells throughout California prisons has brought us our own revolutionary council where pressing topics are discussed, and polemics, strategizing and other matters will be addressed. Through discussion and the democratic process we have passed resolutions to set the standards for USW cells joining the council. Resolutions passed so far include: time frames for when members must respond to council discussions, requirements that each cell vote on each proposal and provide justification for their votes, minimum study requirements before a representative can join the council, and requirements that each USW cell with representation in the council should put in at least 10 to 40 hours a week of revolutionary work. i.e. study, writing articles, making political art, etc. Cells are required to keep track of their work and report it monthly to build discipline.

The California Council has also built a treasury that we have been using to fund bonus pages in ULK. Our council has brought forth double the amount of donations than all other California comrades during a recent 6-month period. We recently finished a California-specific introductory letter for USW that went out to all existing members in June. We have had a slow start but overall we have established a steady pattern of discussion and work.

Amongst our struggles behind the walls, we will often have obstacles such as comrades abandoning a campaign or legal battle, or who just stop checking in with the council, USW or the ULK Writers group to pursue personal agendas and leave behind their revolutionary work. Our California Council and USW are a product of work and effort by politically conscious prisoners having a strategic goal in mind, be it anti-imperialist, shutting down control units, or prisoner humyn rights reform. The point is that our goals, strategic and tactical, are to struggle through the momentum whether it's low or high! Our focus is to work together for change and we hope our efforts, our resolve, inspires others to join our struggle behind the walls. Our struggle for humyn rights is a pressing issue for the comrades suppressed in solitary confinement, so contributing to litigation campaigns are essential but not our only venue! We need to be organized, we need to agitate and utilize propaganda as a tool in order to apply revolutionary practice!

We seek comrades who have a fair grasp on revolutionary theory. No comrade needs to be an expert, we are all still learning from each other, our USW work, and how to concentrate our USW branches through practice within our revolutionary California Council.

So I can say USW Council representatives are our cadres behind the walls, forging revolutionary discipline, education, legal assistance, study groups, etc. If comrades get transferred to another yard or prison we can expect them to do the same at their new location. And we do our work discreetly to not draw unwanted attention, thus maintaining all within USW cell security.

We've been working hard to express the need to end all hostilities amongst all ethnicities. Us New Afrikans here in the belly of the beast known as the Corcoran SHU have just completed a beautiful BAM (Black August Resistance/Memorial) and we came together to struggle today [September 9th] for the purpose of unity. We exercised in a group that consisted of ourselves, a couple southern Hispanics, and a northern Hispanic. Our study habits still consist of revolutionary literature, economics, politics and some history where our cultural and social interactions are similar without division.

We don't have a short corridor anymore here in this concrete tomb, so with people arriving from the mainline just to do a SHU term we can educate them on the importance of the agreement to end all racial hostilities, and stay on guard because the fascist oppressors will always try to sabotage our collective struggle. A lot of these youngsters who come in here don't have a clue about the Attica uprising or Black August Memorial, and how could they when all the teachers of New Afrikans struggles are still anguishing behind enemy lines. The importance of us getting out of the SHU is to educate our youth about their history.

Today we had a group study session on the importance of revolutionary internationalism, which is the ideological expression of global revolutionary scientific socialism in service to the oppressed underclass of the world. We feel that revolutionary internationalism is the ideological vanguard of global liberation and source of theoretical development in coordinating disparate national revolutions. Also, keeping the permanent struggle of ideological mental warfare going in order to eradicate backwards and unprincipled thinking, or incompatible ideas or activities, and proving the correctness of the revolutionary party's views.

This weapon in which we speak is part of the dialectical processes that are ongoing and endless, until the principle contradictions of the oppressed and the oppressor are eliminated. Once this takes place you will see the transformation of the cultural values, practices and relationships of the people prepare and condition themselves for a revolution against the oppressor state. The outcome is uprooting and destroying the old oppressive rationale and mindset of colonial society and bringing into being new values which move the people outside of the colonial mindset and into that of the emerging revolutionary society. We can accomplish this through the agreement to end all hostilities. So we strive to do so. It's a long out-dated situation that produced no winners, and only losers, and that has also further pushed us into oppression. We realize that now, and since it's not too late to correct it, we struggle collectively to do so.

Currently ISIS has a campaign where it is taking ground in the area of what is known as Iraq and Syria. In their campaign they are taking over key areas like airports, oil refineries, major roads or sea ports. By doing so they have obviously decided that each of these areas will lead to lightening their opposition's hold on power and of eventually seizing power in that region of the world. Rather than focusing on overthrowing the Iraqi government outright or flooding Baghdad with troops and attacking the "Green Zone" (the U.S. base) outright, they have developed a campaign to take smaller steps which may lead up to seizing that area.

U.S. imperialism has been waging a campaign for total global influence in which they can act with impunity. They do this by setting up 1000+ bases around the world. And they coerce countries with economic embargoes, assassinations, coups and the installation of puppet governments. Blackmail is used from information that was illegally stolen off the internet or through U.$. spy agencies. Every bit of information they obtain buys them more influence, a step forward in their campaign of destruction.

USW Campaigns

Prisoners and former prisoners within the United Struggle from Within mass organization have also initiated a variety of campaigns which address our daily struggles. Every struggling people anywhere in the world needs campaigns to address their particular needs, and prisoners are no different. For us struggling prisoners there are certain forms of oppression which prevent us from developing politically or are outright neutralizing us so we must find ways to resist and overcome them, and campaigns ensure this.

Prisoners in California have the Agreement to End Hostilities which is one of our main campaigns at this time. The End to Hostilities is an essential step that needs to continue so that our goal of mobilizing the entire prison system becomes easier. We cannot mobilize people against a common enemy if they are wrapped up in fighting each other. Stopping the violence between prisoners allows us to begin to move forward for our real interests and combat our real threats. This campaign should also spread to other states, and it will. The Agreement to End Hostilities will spread state to state just like lumpen organizations themselves have spread.

A California campaign that is also country-wide is the struggle to abolish control units. Solitary confinement is another small step in a larger process. Control units are designed to destroy our most advanced cadre; it cannot be explained in any other way. So in my opinion the control units are ground zero for the struggles of the prison movement within U.$. borders today. If we cannot save our cadre in U.S. prisons it is a huge defeat. In order to mobilize the prison system for humyn rights struggles it would be a lot easier if most of the politically advanced prisoners were not sealed off in control units.

The grievance campaign is another way that we enable imprisoned people to work toward humyn rights so that they can continue to struggle on that revolutionary path. Things like the struggle for indigent envelopes which the comrades in Texas are raising is a part of our USW campaigns because if we are able to write letters we can struggle and join correspondence study groups and contribute to ULK so we cannot be limited by the state. Just because we may not be in Texas we still support those comrades because it is a USW campaign.

Our campaign in solidarity with Palestine was an exercise in USW flexing its internationalism. When a people are suffering from crimes against humynity, even the most brutal dungeon will not prevent acts of humynity. I think our solidarity with Palestine was also a sign of our anti-imperialism. We have our own struggles in each prison against brutality, solitary, medical care, etc. We have our distinct struggles for national liberation of our respective nations. At the same time we are anti-imperialists and we know that all of our oppression can be tied to U.S. imperialism. Imperialism extends oppression around the world and creates the circumstances where Third World people cannot survive in their home countries. These people often migrate to the metropole in search of sustenance, when not contained within militariazed walls.

Do Campaigns Teach the People?

Campaigns are absolutely educational. We learn from practice. When we partake in a campaign we not only realize what we can accomplish, but we also realize how to better coordinate our efforts.

The campaign does a couple of things, it allows us to battle our oppression while it teaches us different forms of struggle. We often learn new methods to struggle because of this. For example in a previous ULK I read about some comrades who, after struggling on different grievances, decided to create their own legal self-help organization.

From our campaign to raise awareness on the inside and outside the dungeons sprang the Strugglen Artists Association (SAA). The SAA is for artists to create revolutionary cultural works and for Propaganda Workers to bring these cultural contributions to the masses.

From our campaign to close the SHU sprang the statewide California hunger strikes. These actions helped to catch the eye of many within the white left who previously did not support the prison movement like some are starting to do now. From this publicity came various prisoner support groups and media struggles to assist our actions.

From these examples that I have listed came independent institutions. Our campaigns created these institutions of the people. They were created without the assistance of our oppressor enemy. It is hard to see these things develop without our campaigns, so as you can see the campaign creates even more opportunity to struggle and gives us momentum to continue on our road forward.

Take away the campaigns and we are left with nothing but isolated impulsive acts which get us nowhere but unorganized disarray. Campaigns direct our actions toward our greatest potential.

Our Goals in Campaigning

Our goal as anti-imperialists is a socialist revolution. But the more immediate goal of USW within U.$. prisons is to revolutionize the dungeons. This will take a series of actions, or to be specific it will take campaigns.

Prisons are merely one component of the state. But they are one of the most important components because it is within prisons where the most vital social forces are found. Prisons will produce the fiercest fighters in the future revolution.

The campaign is a military concept. In many ways it is a revolutionary war which awaits us because the oppressor will never hand over its power. According to Mao: "The revolutionary war is a war of the masses; it can be waged only by mobilizing the masses and relying on them."(1)

Oppressed people will be victorious, and prisoners, once revolutionized, will ignite and charge the people. We have seen in hystory the power and raw force that ex-prisoners have infused into social justice movements within U.$. borders. The most advanced parties' political organizations and movements of the internal semi-colonies were filled with ex-prisoners and lumpen, so it is this element which must be mobilized. The people must "go deeper," as Lenin taught, to obtain the most revolutionary element which is less influenced by imperialism. Campaigns up! Conflicts down!

8/15/2/2015
For Sept. 9 this year my comrades and I are organizing a hunger strike to make the pigs start cleaning our unit. We live in a controlled unit that doesn't allow porters, leaving the lceaning up to the pigs or custodians. But they never do it so we are forced to live in filth.

9/10/2015 update:
Update on my Sept. 9 hunger strike. The pigs conceded and cleaned the unit.

On top of that I had 15 copies made of the grievance campaign petition and had two comrades join me in flooding thelisted offices with them. I provided the postage for them all since they are stingy with the indigent envelopes here. I also led a small group in which we went over the history and importance of September 9 and enlightened a few who were unaware of the struggle. I broke my fast at midnight a few minutes ago so now I'm going to spend some time in contemplation and get some zzz's.

It's been over a week since we got the news on the settlement of Ashker v. Brown.(1) For a case that is so central to what we do as an organization we've taken our time to respond. We've read and re-read the legal documents and listened to the celebratory news coverage of the settlement. Yet our reaction remains the same, deep disappointment.

The settlement is a victory for the California Department of Corrections and Rehabilitation (CDCR), and it knocks out one of the three main legs of the campaign to shut down the SHU — the courts (the other two being public opinion and prisoners organized around their own interests). This case had a lot of the known anti-isolation lawyers and some influential long-time SHU prisoners behind it. It was an alliance that will be tough to beat any time soon.

The Maoist Internationalist Movement, along with many other organizations, has spent decades campaigning for the end to long-term isolation in U.$. prisons. We have long countered the public who question us with, "what is your proposed alternative?" with the simple answer, "not torturing people." Ending long-term isolation in U.$. prisons would be a simple reform that unites the lowest common denominator of prison reformers. Almost everyone agrees we should end torture, and that is reflected in the ongoing movement to do so. It is only the fascist-leaning cop-lovers and state bureaucrats that oppose the call. Actually, in many states the state bureaucrats support ending long-term isolation.

Yet through all the years of struggle here in California, somehow the CDCR has succeeded in painting the ending of torture as the extreme option, with the recent settlement as the sensible compromise. But they are wrong: the extreme option is overthrowing the state and replacing it with one run by the oppressed, where the real killers and exploiters are imprisoned and taught how to live collectively with other humyn beings, not thrown in isolation. Ending torture in prisons is the most basic, sweeping reform that would actually improve the conditions in U.$. prisons.

According to the New York Times, prison directors have become more supportive of reducing the use of solitary confinement after a man who spent 8 years in isolation was released in 2013 and went to the house of Colorado's prison chief, Tom Clements, and shot him dead.(2) Yet reducing the number of people in long-term isolation only serves to extend the life of its practice as it affects less people and there is less outrage. This reduction also suggests that some people still deserve to be tortured. That is why MIM(Prisons) has never supported measures to get only certain groups out of long-term isolation.

The Ashker settlement has been heralded as "effectively ending indefinite long-term solitary confinement" and "setting strict limits on the prolonged isolation of inmates." Yet in the actual settlement we read,

"CDCR shall not house any inmate within the SHU at Pelican Bay State Prison for more than 5 continuous years. Inmates housed in the Pelican Bay SHU requiring continued SHU placement beyond this limitation will be transferred from the Pelican Bay SHU to another SHU facility within CDCR, or to a 180-design facility at Pelican Bay. Inmates who have previously been housed in the Pelican Bay SHU for 5 continuous years can only be returned to the Pelican Bay SHU if that return has been specifically approved by the Departmental Review Board and at least 5 years have passed since the inmate was last transferred out of the Pelican Bay SHU."

That's it! That's the extent of the "strict" limitations on long-term isolation in California. So if you're in another SHU, or Ad-Seg or some other unnamed long-term isolation situation, which about 14,000 of the over 15,000 in isolation in California are, there are no limits.(3) If you're in Pelican Bay you must move to another SHU after 5 years. Five years later you can come back. Alternatively, you could spend 4.5 years in Pelican Bay, 2 months out, then go in for another 4.8 years, and on like that for the rest of your life. Does this really address the Eighth Amendment claim by the plaintiffs of cruel and unusual punishment? The length often cited for having serious mental affects on humyns is in the range of 15 to 30 days!

Now with the new Step Down Program prisoners are supposed to have a way to return to "a general population setting within three or four years." So the class of prisoners being represented in this case, those who have been in the SHU for ten or more continuous years, are being addressed adequately according to those who agreed to this settlement. But even moving forward there are exceptions for Administrative SHU Status, allowing people to be held as long as CDCR deems necessary.

There is one progressive concession given in the settlement: "CDCR shall not place inmates into a SHU, Administrative Segregation, or Step Down Program solely on the basis of their validation status." Additionally, "CDCR shall modify its Step Down Program so that it is based on the individual accountability of each inmate for proven STG [security threat group] behavior, and not solely on the inmate's validation status or level of STG affiliation." Finally, as a result of an ending to the indeterminate SHU sentences for prisoners "validated" as members of prison gangs, in the next year "CDCR shall review the cases of all validated inmates who are currently in the SHU as a result of... an indeterminate term that was previously assessed under prior regulations..."

This addresses the Fourteenth Amendment claim that the CDCR was violating due process with the validation system and the use of group punishment, at least somewhat. As we saw a couple years ago, the new STG policy actually opened up STG charges to a wider range of organizations than was covered by the previous validation system. The supposed upside is that the rules require actual STG behavior by the individual to justify placing someone in SHU, not just association. Yet, in the new SHU Term Assessment Chart we see that "Recruiting inmates to become an STG affiliate" is a SHU punishable offense.

As mentioned above, this settlement seems to eliminate the judicial strategy of ending solitary confinement in California for the near future. But it also strikes a huge blow against the strongest leg we have to stand on, the collective organizing of prisoners. Turns out, under the settlement you can expect to spend 12 months in SHU for "Leading a disturbance, riot or strike", and 6 months for "participation in a disturbance, riot or strike" or "Inciting conditions likely to threaten institution security" (for those not aware, the latter was a common charge made against those who peacefully refused food in recent years to protest long-term isolation in California prisons).

They are outlawing peaceful protest, and non-violent, passive resistance for the prison movement. Amerikans criticize other countries that torture people for peacefully protesting the government that is abusing and, well, torturing them. How is it that leaders in the prison movement have signed on to this?

As we have previously reported, the new STG policies still give prisoners points for things like tattoos, greeting cards and talking to certain individuals. So it is not really true that you can no longer be punished for affiliation. Abolishing this practice was part of the 2nd demand of the hunger strikes.

As a result of reviews (which were mostly underway before this settlement anyway) we have a number of comrades who are getting out of the SHU right now, without having to debrief (snitch). This will no doubt be a positive thing, as we expect many of them will stay politically active in their new locations where they will have more opportunities to reach out to others. Yet at the same time we've already seen the next generation of prison leaders going to the SHU. It seems that the youngsters are getting thrown under the bus here.

So this is a wake up call to those not yet in the SHU. In July 2013, 30,000 prisoners stood up against long-term isolation, recognizing their common interests in this demand, even though most of them were not housed in isolation themselves. This was an amazing demonstration that epitomizes the progress made over the last 5 years or so to consolidate the prison movement in California. This continues to be celebrated in the form of the Agreement to End Hostilities and the countless commemorations taking place today, September 9th, in the spirit of peace and solidarity in commemoration of the Attica uprising.

As this settlement was released, public statements from CDCR celebrated it as a continuation of their plan to reform the system after the SHU successfully broke the prison gangs that had taken over. Yeah right. These prison gangs were encouraged by the state who teamed up with white nationalist prisoners to oppress New Afrikans, and later enforced the north/south divide on the Chican@ nation. The continuation of and expansion of united action around the Agreement to End Hostilities is crucial to preventing the CDCR from returning to that status quo.

Leading up to the recent settlement we had one comrade building for a new wave of hunger strikes. As this settlement does not address the most important of the 5 Core Demands, ending conditions of isolation for all prisoners, this call remains valid. And while we've always warned comrades to build outside support for such actions, one lesson we can take from California is that such actions must be organized on the inside. Even California Prison Focus, who has been visiting prisoners in the SHU for decades, and who has lawyers with privileged access to their clients, was in the dark during the hunger strikes until the CDCR decided to pull in outside mediators. As always, MIM(Prisons) is committed to supporting the organization of prisoners and fighting to defend the First Amendment rights of prisoners (and ourselves) of speech and association. The ending of a policy that allows the state to torture people for belonging to certain organizations was a blow against the excessively repressive policies of the CDCR in relation to the First Amendment. With this settlement we find California in a similar situation to most of the rest of the country, where torture continues to be the method of choice for population control of the oppressed who do not walk in step with the oppressor.

And so, the struggle continues. Until solitary confinement is abolished, shutting down control units will be a central campaign for MIM(Prisons) and United Struggle from Within.