[Ppnews] Califas - New Corcoran Hunger Strike

[Political Prisoner News]

<http://prisonerhungerstrikesolidarity.wordpress.com/2011/12/30/update-from-the-pelican-bay-short-corridor/>Update 
from the Pelican Bay Short Corridor


Prisoners at Corcoran Administrative Segregation 
Unit Challenge the CDCR & Advance Prisoners Struggles

Posted on 
<http://prisonerhungerstrikesolidarity.wordpress.com/2011/12/30/prisoners-at-corcoran-administrative-segregation-unit-challenge-the-cdcr-advance-prisoners-struggle/>December 
30, 
2011<http://prisonerhungerstrikesolidarity.wordpress.com/author/prisonerhungerstrikesolidarity/> 


Prisoners in the Administrative Segregation Unit 
(ASU) at Corcoran State Prison 
<http://sfbayview.com/2011/new-hunger-strike-petition-for-improved-conditions-in-administrative-segregation-unit-at-corcoran-state-prison/>issued 
a petition listing 11 demands
for reform to the CA Department of Corrections & 
Rehabilitation (CDCR). The prisoners explained to 
CDCR officials on December 19th that the petition 
serves as a notice of a peaceful protest if these 
demands are not met in a timely manner.  CA 
hunger strike supporters, prisoner advocates and 
family members were informed today that prisoners 
at Corcoran began refusing meals on Dec. 28th. 
Supporters are currently trying to get more 
information, and will send out another update as soon as possible.
*********************************************


<http://sfbayview.com/2011/new-hunger-strike-petition-for-improved-conditions-in-administrative-segregation-unit-at-corcoran-state-prison/>New 
hunger strike: Petition for improved conditions 
in Administrative Segregation Unit at Corcoran State Prison

December 30, 2011

by Pyung Hwa Ryoo, Juan Jaimes and William E. Brown

http://sfbayview.com/2011/new-hunger-strike-petition-for-improved-conditions-in-administrative-segregation-unit-at-corcoran-state-prison/

(Written Dec. 19, 2011) To: California Department 
of Corrections and Rehabilitation Director 
Matthew Cate, P.O. Box 942883, Sacramento, CA 
94283-0001, and Chief Deputy Warden C. Gipson, 
Corcoran State Prison, P.O. Box 8800, Corcoran, CA 93212

Mr. Cate and Mrs. Gipson:

We, inmates currently housed in Administrative 
Segregation Unit (ASU) of CSP (California State 
Prison) Corcoran, hereby petition California 
Department of Corrections and Rehabilitation 
Director Matthew Cate and Corcoran State Prison 
Chief Deputy Warden C. Gipson for the redress and 
reform of current inhumane conditions we are 
subjected to which violate our constitutional rights.

Furthermore, this petition will serve as a 
constructive notice for the peaceful protest 
which will be carried out as an alternative means 
of petition in the event that our conditions and 
demands are not met in a timely manner. [A 
notation on the cover letter to this petition 
says the hunger strike started Dec. 28, 2011.]

Petitioners have attempted to address the issues 
brought up in this petition by filing numerous 
inmate appeals and grievances and requests for 
interviews to no avail. Our constitutional rights 
under the First, Fifth and 14th Amendments are 
being violated by CDCR and CSP Corcoran officials 
and therefore we demand the following:


Demand No. 1: THAT INMATES HERE IN ASU BE ALLOWED TO POSSESS TVs AND/OR RADIOS

We are daily being subjected to sensory 
deprivation which imposes a substantial risk of 
serious harm to our mental health. As established 
in numerous scientific studies, prolonged 
subjection to sensory deprivation has serious 
adverse effects to one’s mental health. We are 
subjected to these conditions for months and even 
years. Our numerous attempts to address this 
problem by filing 602s are being shut down. The 
officials are acting with deliberate indifference 
to our health and well-being, and our Eighth 
Amendment right to be free from cruel and unusual punishment is being violated.

Although mandated by a court order to allow 
inmates in ASUs to possess an entertainment 
appliance, CSP Corcoran officials refuse to do so 
citing a memorandum dated Dec. 15, 2008, that 
permanently exempts a number of prisons, 
including CSP Corcoran, from having to comply 
with the court’s mandates due to their “current 
fiscal situation and costs to retrofit housing 
units.” This policy is illegal, for our 
constitutional rights must be protected 
regardless of CSP Corcoran’s financial problems 
or the costs to make necessary installations to protect those rights.

Also, the aforementioned exemption memo states 
that CSP Corcoran is permanently exempt from 
allowing the use of entertainment appliances in 
the ASU. The only explanation provided on how and 
why this prison is exempt is a brief mention of 
the current fiscal situation of the prison. There 
is no mention of any follow-ups in a set period 
of time – e.g., every six months – in which the 
prison’s budget will be reviewed by the Division 
of Adult Institutions to see whether the prison 
still qualifies for the category that justifies exemption.

In other words, once a prison “passes the test” 
by showing that they currently cannot afford the 
costs to retrofit the housing units and get 
accepted in the “exemption list,” that prison is 
permanently exempt regardless of their financial 
situation in the future. This exemption policy is 
clearly unreasonable, and we assert that this 
policy is merely used as a loophole to get around 
the court’s mandates to allow us our entertainment appliances.

Furthermore, the exemption memo cannot apply to 
us because there is no extensive retrofitting 
required for giving us our radios. The electric 
outlets are in place and the radios merely need 
to be distributed and plugged in to work.

THEREFORE, WE DEMAND THAT:

A) CSP Corcoran officials immediately allow us to 
possess and/or stipulate to allow us to possess our TVs within two months.

B) CSP Corcoran officials make the necessary 
installations and/or stipulations needed to allow 
us to possess our TVs within two months.


Demand No. 2: THAT WE ARE PROVIDED ACCESS TO AN 
ADEQUATE LAW LIBRARY AND/OR LEGAL ASSISTANCE

The ASU law library is inadequate. Its contents 
do not comply with CCR (California Code of 
Regulations) Title 15 §3121 and DOM (Department 
Operations Manual) §53060.11. There is only one 
computer that contains the only essential law 
books in the law library, which is supposed to be 
shared by 200 inmates. This results in 
unreasonable delays with inmates not being able 
to sufficiently access the law library.


There is only one computer that contains the only 
essential law books in the law library, which is 
supposed to be shared by 200 inmates.

Furthermore, there is no copy machine in the ASU 
law library. All our legal copies are therefore 
forwarded to the 4A facility law library for 
copying. This results in delays of days or even 
weeks for us to receive our copies back. Also, 
there have been instances where our copies have 
been lost resulting from this unreliable practice.

THEREFORE, WE DEMAND THAT:

A) CSP Corcoran officials allow us access to an 
adequate law library and reasonable amount of 
time to use such law library by: 1) Ordering and 
replacing all current law books listed in CCR 
Title 15 §3121 and DOM §53060.11 which are 
missing from the ASU law libraries contents, or 
2) Installing three more computers that contain 
essential law books for inmate use, or 3) 
Providing us with adequate legal assistance from persons trained in the law.

B) CSP Corcoran officials install a copy machine 
in the ASU law library for its use for legal 
copies and all essential legal supplies be kept in stock.


Demand No. 3: THAT INMATES NOT BE FURTHER 
PUNISHED UPON COMPLETION OF THEIR SHU TERMS

Inmates are being placed in the ASU after the 
completion of their SHU terms supposedly “pending 
transfer.” These inmates are then stuck here for 
four, five months, in many instances even longer, 
before finally being transferred to general 
population. This practice of illegally placing 
inmates in ASU upon the completion of their SHU 
terms for long periods of time without proper 
procedure and with excessive delays on their 
transfers is resulting in unjustified punishment for these inmates.

Furthermore, inmates undergoing the DRB 
(Departmental Review Board) process after the 
completion of their SHU terms are being held in 
ASU for months and even years while the 
counselors and committee ignore their repeated 
requests for a timely hearing on their case. This 
is in blatant violation of their procedural due process rights.


Inmates undergoing the DRB (Departmental Review 
Board) process after the completion of their SHU 
terms are being held in ASU for months and even 
years while the counselors and committee ignore 
their repeated requests for a timely hearing on their case.

The inmates submit numerous inmate requests to 
ASU counselors regarding the delays on their 
transfers and/or DRB process, but those inmate 
requests are not being responded to and are being 
ignored. The counselors are not doing their jobs 
because of their incompetence and/or negligence; 
we are suffering these undue delays explained above.

THEREFORE, WE DEMAND THAT:

A) The counselors here in ASU do not unreasonably 
delay inmates’ transfers and DRB process and 
respond to inmate requests in a timely manner.

B) Inmates who are placed in ASU after the 
completition of their SHU terms be afforded the 
same privileges as those inmates who are 
classified as A2-B inmates, which includes but is 
not limited to quarterly packages, one phone call 
per month and $120 monthly canteen draws.


Demand No.4: THAT WE BE AFFORDED ADEQUATE AND TIMELY MEDICAL CARE

Medical staff here in ASU unjustifiably delays 
medical attention and denies proper medical 
treatment for inmates. Although required by the 
court’s order in Coleman/Plata v. Schwarzenegger 
to provide us with adequate medical care, which 
the CDCR has failed to provide before, CSP 
Corcoran’s medical department is not in 
compliance with the court’s mandates. We are 
suffering violations to our Eighth Amendment 
rights daily for lack of adequate medical care, 
and our health and well-being are severely jeopardized.

Furthermore, we are having difficulties pursuing 
timely medical appeals and grievances. The 
medical appeals coordinators do not follow time 
requirements set forth in CCR Title 15 §3084.6 
and there are substantial delays on getting responses for our appeals.

THEREFORE, WE DEMAND THAT:

A) Inmates be provided with timely medical 
attention upon request and provided with adequate 
medical care as mandated by the court in Coleman/Plata v. Schwarzenegger.

B) Medical appeals be promptly responded to pursuant to CCR Title 15 §3084.6.


Demand No. 5: THAT WE BE AFFORDED DUE PROCESS IN OUR 115 HEARINGS

We are being placed in ASU and sentenced to SHU 
terms without being afforded due process of law. 
The hearing officers automatically find inmates 
guilty regardless of the sufficiency or 
insufficiency of the evidence, and their biased 
perspectives and opinions go unchallenged.

Although the hearing officers are acting as 
lawyers and/or triers of fact in 115 hearings on 
the question of guilt, clearly under the 
guidelines of established case law concerning due 
process, they are not required to be trained in 
the law nor registered with the State Bar.

Resulting from their lack of knowledge and 
competence in this matter, frivolous and false 
charges not supported by any reliable evidence, 
which would be thrown out in a court of law, are 
being upheld and imposed on us. This violates our 
14th Amendment rights to due process.

THEREFORE, WE DEMAND THAT:

A) Hearing officers be required to follow 
guidelines established by the courts concerning 
due process, burden of proof and sufficiency of 
evidence when conducting 115 hearings.

B) Hearing officers be trained in the law so they 
may be deemed competent to carry out the duty of 
a trier of fact in 115 hearings.


Demand No. 6: THAT WE BE ALLOWED PHONE ACCESS

Inmates placed in ASU are not allowed access to 
phones. The only way we are allowed to maintain 
family and community ties are by writing letters 
and receiving visits. Not all of us are literate, 
and not all of us get visits. So the denial of 
phone access is depriving many of us of the only 
way to keep in contact with our families and loved ones.


The denial of phone access is depriving many of 
us of the only way to keep in contact with our families and loved ones.

Furthermore, those of us currently litigating 
cases who need access to the phone to contact 
witnesses, private investigators, attorneys, 
courtroom clerks etc. are not allowed phone 
access. This results in an impingement on our 
First Amendment rights to access to the courts.

THEREFORE, WE DEMAND THAT:

A) Inmates in ASU be allowed one phone call a 
month on an inmate telephone pursuant to CCR Title 15 §3282(a)(3).

B) Inmates in ASU be allowed confidential calls 
pursuant to CCR Title 15 §3282(g).


Demand No. 7: THAT WE BE PROVIDED WITH ADEQUATE LAUNDRY EXCHANGE

We are being denied adequate laundry exchange. 
There are weeks where laundry exchange is not 
run; most of the time during laundry exchange 
they are short on pillow cases, sheets and 
towels; and we are only allowed to turn in one of 
each item for laundry exchange. This clearly is 
not in accordance with CCR Title 15 §3031(b).

THEREFORE, WE DEMAND THAT:

A) We be provided with a weekly laundry exchange 
pursuant to CCR Title 15 §3031(b).


Demand No. 8: THAT OUR CANTEEN FOOD ITEMS BE GIVEN TO US IN THEIR PACKAGING

Our canteen is being opened and food items – such 
as rice, soups, cookies, chips, beans, etc. – are 
being placed in paper bags before they’re given 
to us. This attracts ants and insects that go 
into the bags containing food and thereby pose a 
serious health risk. Furthermore, the food 
becomes stale and inedible after a few days due 
to the food being placed in paper bags.

THEREFORE, WE DEMAND THAT:

A) Inmates be allowed to keep their canteen items 
in the plastic bags they come in and/or be 
allowed to purchase zip lock plastic bags from 
the canteen to place the food in.


Demand No. 9: THAT WE BE AFFORDED EDUCATIONAL AND 
REHABILITATIVE PROGRAMS AND/OR OPPORTUNITIES

Inmates in ASU are not allowed any educational 
and/or rehabilitative programs and/or 
opportunities. There is no school; we are not 
allowed to receive any form of correspondence 
course for lack of proctors, those of us who wish 
to learn a trade are not able to and those of us 
who wish to better ourselves to be better 
individuals of benefit to our society and other 
citizens are not given that chance.


Inmates in ASU are not allowed any educational 
and/or rehabilitative programs and/or opportunities.

Furthermore, we are currently not allowed TVs, so 
we are not able to partake in educational 
opportunities by watching educational channels or 
programs or participating in educational programs 
that are provided by the institution on the institutional channels.

This contradicts what CDCR supposedly stands for, 
which is to make the communities safer and 
rehabilitate our prisoners. We wish to better 
ourselves by participating in educational and/or 
rehabilitative programs, but we are denied this right.

THEREFORE, WE DEMAND THAT:

A) We are afforded educational programs such as 
correspondence courses, proctored exams, vocational courses etc.

B) We are afforded rehabilitative programs in 
self-help, Alcoholics Anonymous, Narcotics Anonymous etc.

C) We be allowed to possess our TVs for 
educational purposes such as to partake in 
educational opportunities provided by the 
institutional as well as educational channels.


Demand No. 10: THAT WE RECEIVE THE SAME PRIVILEGES AS SHU INMATES

The inmates housed in the SHU are allowed certain 
privileges and items from canteen and packages 
that we are not allowed. These privileges include 
but are not limited to TVs; educational courses; 
beanies, sweats and shoes from package; photo 
ducats; and art supplies from canteen such as 
colored pens, pastels and sketch pads. 
Furthermore, SHU inmates are allowed exercise 
equipment in the yard cages, such as pull-up and dip bars.

Inmates housed here in ASU are D1/D assigned, 
same as the SHU inmates. Most of us are stuck in 
this ASU for months and even years. The fact that 
we currently are not afforded the same rights and 
privileges as SHU inmates violates our equal protection rights.

THEREFORE, WE DEMAND THAT:

A) We be afforded the same rights, privileges, 
items and programs as are afforded to inmates in the SHU


Demand No. 11: THAT NO REPRISALS BE TAKEN FOR THE 
EMPLOYMENT OF OUR RIGHT TO PETITION

We are exercising our legal right to petition in 
participating in a peaceful protest. This right 
is protected by the United States Constitution 
and thereby any sanctions and/or reprisals placed 
on us for the reason stated above is illegal and a violation of our rights.

THEREFORE, WE DEMAND THAT:

A) No reprisals be taken on petitioners in any 
form or manner for the exercise of our right to petition.


Conclusion

We petitioners are not deprived of our 
constitutional rights simply because we are 
incarcerated behind these prison walls. We are 
bound by the Constitution of the United States, 
and therefore its protection extends to us as 
well. These rights have been violated and 
disregarded by CDCR and CSP Corcoran officials 
and therefore petitioners, with the support of 
members of their class, hereby come together to 
demand the redress and remedies that have been long overdue.


We are bound by the Constitution of the United 
States, and therefore its protection extends to us as well.

Petitioners pray that this petition and the 
issues addressed herein are remedied and the 
relief sought in each demand granted.

Pyung Hwa Ryoo, F-88924, Corcoran State Prison, 
ASU 1-167, P.O. Box 3456, Corcoran, CA 93212

Juan Jaimes, V-08644, Corcoran State Prison, ASU 
1-165, P.O. Box 3456, Corcoran, CA 93212

William E. Brown, T-58106, Corcoran State Prison, 
ASU 1-169, P.O. Box 3456, Corcoran, CA 93212

This petition was sent to S. Vargas to be 
forwarded to the Bay View. It was typed by Kendra 
Castaneda. Readers are urged to write to these brothers on hunger strike.




Freedom Archives
522 Valencia Street
San Francisco, CA 94110

415 863-9977

www.Freedomarchives.org  
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