CDCR Not Upholding Ashker Settlement on Due Process
In August of 2016, a comrade was written up for possession of Security Threat Group (STG) contraband and given a 115 Rules Violation Report(RVR). This was in direct violation of the Ashker v. Brown class-action settlement agreement terms around "Due process" as described below. The new rules to reform isolation practices in California didn't even eliminate the outrageous practice of using drawings and greeting cards as reasons to put people in isolation in California. The "due process" clause was the only promising term of the weak Ashker settlement, and it seems CDCR does not intend to uphold it.
Political repression is the clear motivation here, as the target is a well-known anti-imperialist who works tirelessly for the improvement of the New Afrikan nation.Facts:
On August 4, 2016, CO J. Hunter reviewed [XYZ]'s outgoing mail and found a drawing that included the image of a gorilla.
He based his conclusion that the drawing constituted "STG contraband" on:
- In past investigations, he received information from unnamed BGF members and associates that the "Silverback Gorilla is symbolic for the strongest force of the Guerrillas much like how the Silverback Gorilla is considered to be the dominant leader amongst a family of gorillas."
- The word "Gorilla" can be found in various documents used by the BGF. He provides one example: The "I Stand Firm Oath" of the BGF includes a verse stating "Long live the graceful guerrilla."
- The BGF recognizes the gorilla as a symbol of stability and power.
- The Office of Correctional Safety has established the credibility regarding the meaning of these symbols.
[XYZ] was found guilty of this offense and given 30 days confinement to cell, leaving only to shower. I have written him for these documents.Challenge:
[XYZ] points out that item #1 above is based on unnamed confidential informants who allegedly have connected the "gorilla" animal with the BGF. However, CDCR has not complied with its own rules regarding confidential information (no 1030s, etc.) Also, this sentence makes no sense. Who are the "Guerrillas"? Does he mean BGF members or BGF leadership?
The picture depicts several fierce animals (lions, tigers, elephant, Pharaoh hound) and various male fighters who look more Aztec than African (to me). The gorilla does not dominate, nor is there anything else in the picture to suggest an STG.
The word "Gorilla" does not appear in the "I Stand Firm Oath" of the BGF. I was unable to find such an oath on the internet, but did find a BGF oath on a police-oriented website — see attached memo. It does not contain this term or phrase. The officer cites no authority for this claim, or is citing the confidential informants described above, without providing proper documentation.
The BGF's view of the gorilla as a symbol of stability and power is also asserted without attribution, or it is attributed to confidential informants.
The statement about the OCS establishing credibility is insufficient. Credibility is a term referring to people — the statement does not say who the people are. But broad reference to another CDCR office establishing the credibility of an informant or the reliability of the information seems like an end run around the responsibility of the hearing officer.
Finally, on what authority does the mere drawing of an animal among other animals constitute gang contraband?Additional information:
I have done a little internet research on the "Silverback gorilla." Apparently, this refers to a mature male gorilla whose back hair has turned grey with age. He is the "alpha male" among the group of gorillas that he lives with. The drawing does not purport to be a Silverback gorilla. It doesn't say it is a Silverback nor can you see his back. We can guess that the gorilla in the picture is male, but even that is not necessarily true. That the officer brings up the "Silverback gorilla" is suspect to me. He is making himself sound like he knows more than he really knows. He does not purport to be an expert himself, yet by throwing out this term, he is making himself sound knowledgeable.
California Strike Against Torture in Prisons - 8 July 2013