Wednesday, September 2, 2015

Landmark Agreement Ends Indeterminate Long-Term Solitary Confinement in California

Yesterday, the parties agreed on a landmark settlement in the federal class action Ashker v. Governor of California that will effectively end indeterminate, long-term solitary confinement in all California state prisons. Subject to court approval, the agreement will result in a dramatic reduction in the number of people in solitary across the state and a new program that could be a model for other states going forward. The class action was brought in 2012 on behalf of prisoners held in solitary confinement at the Pelican Bay prison, often without any violent conduct or serious rule infractions, often for more than a decade, and all without any meaningful process for transfer out of isolation and back to the general prison population. Ashker argued that California’s use of prolonged solitary confinement constitutes cruel and unusual punishment and denies prisoners the right to due process.

“This settlement represents a monumental victory for prisoners and an important step toward our goal of ending solitary confinement in California, and across the country,” the plaintiffs said in a joint statement.  “California’s agreement to abandon indeterminate SHU confinement based on gang affiliation demonstrates the power of unity and collective action.  This victory was achieved by the efforts of people in prison, their families and loved ones, lawyers, and outside supporters.”
 
“Today’s victories are the result of the extraordinary organizing the prisoners managed to accomplish despite extreme conditions,” said Center for Constitutional Rights President and lead attorney Jules Lobel. “This far-reaching settlement represents a major change in California’s cruel and unconstitutional solitary confinement system. There is a mounting awareness across the nation of the devastating consequences of solitary – some key reforms California agreed to will hopefully be a model for other states.”
 
More: http://portside.org/2015-09-01/landmark-agreement-ends-indeterminate-long-term-solitary-confinement-California

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