Crime
Historic Settlement Ends CA Indefinite Solitary Confinement
Federal Judge Claudia Wilken this week approved the final agreement to end indefinite solitary confinement in California calling the settlement humane, innovative and fair.
Prisoners celebrated Tuesday’s settlement agreement, whose terms were agreed on last September, claiming it as a victory that bolstered their struggle for human rights.
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Oakland civil rights attorney Anne Weills, one of the attorneys representing the prisoners, said, “What was missing from the courtroom were all the prisoners who risked their lives in the hunger strikes of 2011 and 2013.”
“Yes, our litigation team did the best we could to bring our clients out of indefinite solitary confinement and into the light of day – but there is no doubt that we could not have gotten where we have with this settlement without the leadership of the brilliant, courageous, fearless and enlightened men in the Short Corridor at Pelican Bay who in 2011 set this all in motion,” she said.
The Center for Constitutional Rights released data showing the agreement has already led to the transfer of hundreds of prisoners from segregated housing units back to the state’s general prison population.
Between preliminary approval of the California settlement in October and Jan. 22, 686 out of a total of 1,813 prisoners entitled to reviews under the settlement have been reviewed for release into the general prisoner population; 546 of the prisoners reviewed, nearly 80 percent, have been cleared for release into general population; and 437 have actually been released from solitary confinement.
The vast majority of prisoners who have been reviewed but not cleared are awaiting a higher-level prison review; most are expected to be released into general population as well.
The settlement requires all first-level reviews to be complete within one year.
Jules Lobel, the attorney representing the Center for Constitutional Rights said “we look forward to the full implementation of all its terms.”
One of the longtime prisoner organizers, Mutope Duguma, cautions, “The power of the legal support and the family/community support is what literally humanized us prisoners to the rest of the world. The countless families and friends did a remarkable job in representing us from an emotional and human perspective and our legal support represented our civil and human rights, and together they re-humanized us as men and women.”
“This is what made it possible for us to be able to demand such a settlement. It is with this family, community, and legal support that we demand accountable implementation of the settlement. We know what works so let’s stay the course,” he said.
A recently released letter written by one of the main representatives of the prisoners asks that prisoners “Monitor and report on the functional implementation of prison conditions and California Department of Corrections and Rehabilitation (CDCR) employees, holding their feet to the ground and letting CDCR employees know that they are not above the Ashker v. Brown Settlement Agreement.”
The settlement transforms California’s use of solitary confinement from a status-based system, in which prisoners were isolated indefinitely based on vague and unsubstantiated allegations of gang affiliation, to a behavior-based system, in which solitary confinement is used only as punishment for serious rule infractions and only for determinate periods of time. It also limits the total amount of time a prisoner can spend in the Security Housing Unit (SHU) at Pelican Bay State Prison.
The settlement includes a two-year monitoring period, which may be extended if the CDCR is found to be violating prisoners’ constitutional rights or the settlement terms.
When the case was filed in 2012 on behalf of prisoners in Pelican Bay, more than 500 of them had been isolated in the SHU for over 10 years, and 78 had been there for more than 20 years. They spent 22-and-a-half to 24-hours every day in a cramped, concrete, windowless cell, and were denied telephone calls, physical contact with visitors, and vocational, recreational, and educational programming.
Hundreds of other prisoners throughout California have been held in similar SHU conditions, and the settlement applies to all of them.
Activism
Oakland Post: Week of January 1 – 7, 2025
The printed Weekly Edition of the Oakland Post: Week of January 1 – 7, 2025
To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.
Activism
Racially Motivated Violence Against Black Teen Prompts $10 Million Claim Against LAUSD
In December, a second altercation, on a video shared with news media, showed 4 to 6 boys attacking a Black student and using racial slurs. The video also shows a person in a safety vest trying to stop the fight and telling them to “handle it after school.” Then, the video ends.
By Solomon O. Smith, California Black Media
A distraught mother and her legal team announced a $10 million lawsuit against the Los Angeles Unified School District (LAUSD) on Dec. 16, alleging that her son was the target of bullying because of his race.
“CS DOE is a 14-year-old African American student at Verdugo High School. He is a Ninth Grader,” reads a statement the plaintiff’s attorneys shared with California Black Media (CBM).
“Almost from the first day of class (in August 2024), CS DOE was targeted by Latino students who called him racial slurs, physically attacked him and threatened to stab him.”
The family’s identity has not yet been released to the public due to safety concerns, according to their attorneys Bradley C. Gage and Caree Harper. The student’s mother is identified only as A.O. in the complaint.
The first video, filmed in August, showed several non-Black students punching and kicking a Black student in a bathroom on campus while yelling racial slurs. The mother claims that the students who attacked her son were not punished, and the administration asked her to move her son to another school for his safety.
“They wanted him to leave the school without giving any disciplinary action towards those students,” said the student’s mother. “He’s not going anywhere. He’s going to finish. I wanted him to at least stay until the December winter break, and then I was going to transfer schools for him.”
Before she could enroll her son in a different school the attacks escalated.
In December, a second altercation, on a video shared with news media, showed 4 to 6 boys attacking a Black student and using racial slurs. The video also shows a person in a safety vest trying to stop the fight and telling them to “handle it after school.” Then, the video ends.
CS DOE, a 14-year-old freshman, left the school but was followed by a car, according to Gage. Several individuals exited the vehicle, one with a “large butcher knife.” A fight ensued and two people were stabbed. The Black student was arrested for assault with a deadly weapon but was later released into his mother’s custody.
The high school freshmen is scheduled to appear in juvenile court on Feb. 1, but Harper says she will reach out to the District Attorney and make the case against charging the young man.
“His mama had to go find him because he was hiding and fleeing for his very life,” said Harper.
According to the boy’s mother, the young student is still traumatized and has not been able to return to the area because it remains unsafe. Racial slurs have also been spray painted on their home.
“I’m sad. I’m devastated, you know,” said the mother. “I still feel like they’re after him. I still feel like they can kill him, possibly.”
The LAUSD and principal of Verdugo High School did not respond to CBM’s requests for comment.
If you are – or someone you know is – has experienced a hate crime or hate incident, please visit CAvsHate.org for more information and to find out what you can do about it.
Activism
Life After Domestic Violence: What My Work With Black Women Survivors Has Taught Me
Survivors sometimes lack awareness about the dynamics of healthy relationships, particularly when one has not been modeled for them at home. Media often minimizes domestic abuse, pushing the imagery of loyalty and love for one’s partner above everything — even harm.
By Paméla Michelle Tate, Ph.D., California Black Media Partners
It was the Monday morning after her husband had a “situation” involving their child, resulting in food flying in the kitchen and a broken plate.
Before that incident, tensions had been escalating, and after years of unhappiness, she finally garnered enough courage to go to the courthouse to file for a divorce.
She was sent to an on-site workshop, and the process seemed to be going well until the facilitator asked, “Have you experienced domestic abuse?” She quickly replied, “No, my husband has never hit me.”
The facilitator continued the questionnaire and asked, “Has your husband been emotionally abusive, sexually abusive, financially abusive, technologically abusive, or spiritually abusive?”
She thought about how he would thwart her plans to spend time with family and friends, the arguments, and the many years she held her tongue. She reflected on her lack of access to “their money,” him snooping in her purse, checking her social media, computer, and emails, and the angry blowups where physical threats were made against both her and their children.
At that moment, she realized she had been in a long-suffering domestic abuse relationship.
After reading this, you might not consider the relationship described above as abusive — or you might read her account and wonder, “How didn’t she know that she was in an abusive relationship?”
Survivors sometimes lack awareness about the dynamics of healthy relationships, particularly when one has not been modeled for them at home. Media often minimizes domestic abuse, pushing the imagery of loyalty and love for one’s partner above everything — even harm.
After working with survivors at Black Women Revolt Against Domestic Violence in San Francisco, California, I have learned a great deal from a variety of survivors. Here are some insights:
Abuse thrives in isolation.
Societal tolerance of abusive behavior is prevalent in the media, workplaces, and even churches, although there are societal rules about the dos and don’ts in relationships.
Survivors are groomed into isolation.
Survivors are emotionally abused and manipulated almost from the beginning of their relationships through love-bombing. They are encouraged or coerced into their own little “love nest,” isolating them from family and friends.
People who harm can be charismatic and fun.
Those outside the relationship often struggle to believe the abuser would harm their partner until they witness or experience the abusive behavior firsthand.
Survivors fear judgment.
Survivors fear being judged by family, friends, peers, and coworkers and are afraid to speak out.
Survivors often still love their partners.
This is not Stockholm Syndrome; it’s love. Survivors remember the good times and don’t want to see their partner jailed; they simply want the abuse to stop.
The financial toll of abuse is devastating.
According to the Allstate Foundation’s study, 74% of survivors cite lack of money as the main reason for staying in abusive relationships. Financial abuse often prevents survivors from renting a place to stay. Compounding this issue is the lack of availability of domestic abuse shelters.
The main thing I have learned from this work is that survivors are resilient and the true experts of their own stories and their paths to healing. So, when you encounter a survivor, please take a moment to acknowledge their journey to healing and applaud their strength and progress.
About the Author
Paméla Michelle Tate, Ph.D., is executive director of Black Women Revolt Against Domestic Violence in San Francisco.
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