Dear Warden Lewis,
I am writing this letter to you to express my concern for the prisoners held in Pelican Bay State Prison's short-corridor Group D. It is my understanding that these people have no disciplinary charges, but are being held in extreme isolation, unable to send photographs to their families or speak to them on the phone, which clearly is in violation of the First Amendment. You must meet the "important" and "necessary" test before you can restrict or censor inmates' outgoing mail. ( Bressman v. Farrier, 825 F. Supp. 231(N.D. Iowa 1993); Altizer v. Deeds, 191 F. 3d 540 (4th Cir. 1999); Stow v. Grimaldi, 993 F. 2d 1002 (1st Cir. 1993). For telephones see: McMaster v. Pung, 984 F.2d 948, 953 (8th Cir. 1993) ).
I am concerned that these prisoners, who are under your responsibility, are being denied their Constitutional right to due process, equal protection rights, and cruel and unusual punishment. Not only do these inmates not have any disciplinary charges, but IGI is intimidating and harassing them into fabricating information to avoid false gang validations. This is illegal and upsetting, and meets the "significant and atypical" standard. See: Ayers v. Ryan, 152 F.3d 77 (2d Cir. 1998); Taylor v. Rodriguez, 238 F.3d 188 (2d Cir. 2001); and Hatch v. District of Columbia, 184 F.3d 846 (D.C. Circ. 1999). This is a violation of legal ethics, and as a citizen of the state of California, I expect fair treatment of prisoners from a state employee rather than allowing these gross violations of the Constitution to happen right under your nose.
Studies prove time and time again that prisoners who have contact with their family are able to rehabilitate much better than those who are isolated. They are better able to adjust to society when they are released, and avoid being sent back to prison. It is completely irresponsible that you would permit IGI to cause this potential psychological damage to a person, when they are supposed to be allowed these privileges.
Since you are the Warden of Pelican Bay State Prison, I am asking that you intervene in these illegal and irresponsible practices going on in short-corridor Group D. Please allow the prisoners held there their full privileges according to CDCR policies, and end the harassment and intimidation of prisoners, especially ones who have no information, and no disciplinary actions.
Thank you for taking the time to read this letter. I also thank you for your future efforts to resolve this problem.
a California prisoner