To check the conditions of inmates in the SHU-AD SEG at Corcoran Prison
  • Petitioned SHU

This petition was delivered to:

Corcoran Prison
SHU
Corcoran Prison
AD SEG
Corcoran Prison
SHU-AD SEG
California Governor
President of the United States
California State Senate
California State House
U.S. Senate
U.S. House of Representatives

To check the conditions of inmates in the SHU-AD SEG at Corcoran Prison

    1. Alma Espinoza & Drea Azurdia
    2. Petition by

      Alma Espinoza & Drea Azurdia

      Canyon Country, CA

CORCORAN STATE PRISON ADMINISTRATIVE SEGREGATION UNIT (ASU) HUNGER STRIKERS (Southern Hispanic, Black, White and "others") NEED YOUR SUPPORT!!  Confirmed by CDCR as of yesterday 2-8-2012 there is a Hunger Strike at Corcoran ASU. Death has only been confirmed by the main petitioners cellmate and CDCR has confirmed the death. Christian Gomez , 27 years old a Hispanic man from Corcoran ASU has died, from what other inmates say from "not eating" due to the Hunger STrike 

 

Written on February 5th, 2012 by the cellmate of a main petitioner at Corcoran ASU: "Dear Kendra Castaneda, I hope and pray this letter finds you in the best of health and high spirits. Well I was just writing in case you haven't heard. On or about February 2nd or 3rd 2012 an inmate has passed away due to not eating that has been going on over here in Corcoran ASU. Inmates are passing out and having other medical problems, it seems that this is not being taken seriously. There will be more casualties if this isn't addressed or brought to light. If there is anything you can do to help please do. it will be much appreciated".

 

I also received a letter from Juan Jaimes, one of the main petitioner from this Corcoran ASU hunger strike and he was purposely transferred out of Corcoran to Kern Valley State Prison ASU , the officials hoping if they split up the main petitioners it would break up the strike but it didnt, Juan Jaimes told me that the hunger strike at Corcoran ASU will be on- going until their humane demands were met.

 

2-8-2012: It has been confirmed by CDCR that Corcoran State Prison ASU unit (southern hispanic, white, black and 'others') have resumed their hunger strike approx 2 weeks ago. The main petitioners were transferred out to different prisons in hopes it would break up the strike but it didn't. Men are currently falling to the ground and passing out, they say they are going until their humane demands are met. we are all used to CDCR's lies, during their previous hunger strike CDCR said only 1 person was hunger striking when 200 men were. This time CDCR has confirmed 30 men are hunger striking which i know is a lot more than that.

Note: This is Corcoran ASU's resumed Hunger Strike from their last hunger strike they had last month (first week of January 2012). They stopped after the Warden and CDCR agreed to meet their demands. The men gave CDCR 3 weeks to meet their demands and they told CDCR if by 3 weeks it was not met then they would resume their hunger strike and they have.

 

 

 Please put the pressure on CDCR before someone else dies, this could be your loved one or family member, please help:

Email or write or call asap to Matthew Cate and demand that he meet these prisoners demands, Write or Call Corcoran Warden C.Gipson and Email/Call Nancy Kincaid to make sure these men are receiving proper medical treatment while on their hunger strike.

 

 

Below is the Petition, Corcoran ASU hunger strikers petitioned with CDCR of their humane demands they want met:

To:  

 

 

Chief Deputy Warden, C. Gipson

CSP – Corcoran

P.O. Box 8800

Corcoran, CA 93212

 

December 19, 2011

 

RE: Petition and/or constructive notice re: peaceful for improved conditions in Administrative Segregation Unit of CSP – Corcoran.

 

Mr. Cate and Mrs. Gipson:

 

            We, inmates currently housed in Administrative Segregation Unit (hereafter “ASU”) of CSP – Corcoran, hereby petitions the Director of California Department of Corrections and Rehabilitation Matthew Cate and Chief Deputy Warden of CSP – Corcoran C. Gipson for the redress and reform of current inhumane conditions we are subjected to which violates 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.

 

            Petitioners have attempted to address the issues brought up in this petition by filing numerous inmate appeals/grievances and requests for interviews to no avail. Our constitutional rights under the 1st, 5th, and 14th Amendments are being violated by CDCR and CSP – Corcoran officials and therefore we demand the following:

 

Demand #1:    THAT INMATES HERE IN ASU BE ALLOWED TO POSSESS T.V.’s 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 602’s are being shut down. The officials are acting with deliberate in difference to our health and wellbeing, and our 8th Amendment right to be free from cruel and unusual punishment is being violated.

 

            Although mandated by a court order to allow inmates in ASU’s to possess an entertainment appliance, CSP – Corcoran officials refuse to do so citing a memorandum dated December 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 6 months) in which the prison’s budget will be reviewed by the Division of Adult Institutions to see whether the prison still applies in 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 gets 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 giving us our radios. The electric outlets are in place and the radios merely need to be distributed and plugged into work.

 

THEREFORE, WE DEMAND THAT:

 

A.)   CSP – Corcoran officials immediately allow us to possess and/or stipulations needed to allow us to possess our T.V.’s within two months.

B.)   CSP – Corcoran officials make the necessary installations and/or needed to allow us to possess our T.V.’s within two months.

 

DEMAND #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 Title 15 §3121 and D.O.M. §53060.11. There is only one computer which contains the only essential law books in the law library, which is supposed to be shared with 200 inmates. This results in unreasonable delays with inmates not being able to sufficiently access the law library.

 

            Furthermore, there is no copy machine in the ASU law library. All our legal copies are therefore forwarded to the 4A facilities 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 D.O.M. §53060.11 which are missing from the ASU law libraries contents, or; (2) Install three more computers that contain essential law books for inmate use, or; (3) Provide 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 in legal copies and all essential legal supplies be kept in stock.

 

DEMAND #3:  THAT INMATES NOT BE FURTHER PUNISHED UPON COMPLETION OF THEIR SHU TERMS.

 

            Inmates are being placed in the ASU after the completition 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 completition 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 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 blatant violation of their procedural due process rights.

 

            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 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 inmate’s 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 are not limited to: quarterly packages, one phone call per month, and $120 monthly canteen draws.

 

DEMAND #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 have failed to provide before, CSP – Corcoran’s medical department is not in compliance with the court’s mandates. We are suffering violations to our 8th Amendment rights daily, for lack of adequate medical care, and our health and wellbeing are severely jeopardized.

 

            Furthermore, we are having difficulties pursuing timely medical appeals/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 #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 the 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 tries of fact in 115 hearings.

 

DEMAND #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 with the only way to keep in contact with our families and loved ones.

 

            Furthermore, those of us currently litigating cases and need access to the phone to contact witnesses, private investigators, attorneys, courtroom clerks, etc… are not allowed phone access. This results in the impingement of our 1st 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 #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 times during laundry exchange they are short on pillow cases, sheets, and towels; and we are only allowed to turn in one of each items 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 #8:  THAT OUR CANTEEN FOOD ITEMS BE GIVEN TO US IN ITS PACKAGING

 

            Our canteen is being opened and food items (such as rice, soups, cookies, chips, beans, etc…) are being placed in paper bags before it’s given to us. This attracts ants and insects which goes into the bags containing food and thereby poses 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 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 #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 a better individual of bare fit to our society and other citizens are not given that chance.

 

            Furthermore, we are currently not allowed T.V.’s, so we are not able to partake in educational opportunities by watching educational channels/programs, or participating in educational programs that are provided by the institution in 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 rehabilitating 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, A.A., N.A., etc…

 

            C). we be allowed to possess our T.V.s for educational purposes such as to partake in educational opportunities provided by the institutional as well as educational channels.

 

DEMAND #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: T.V.’s; 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 is afforded to inmates in the SHU

 

DEMAND # 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 its class, hereby come together to demand the redress and remedies that have been long overdue.

 

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

 

Dated: 12/19/11                                            Pyung Hwa Ryoo

                                                                        CDC# F-88924

                                                                        Corcoran State Prison

                                                                        ASU1-167

                                                                        P.O. Box 3456

                                                                        Corcoran, CA 93212

 

                                                                        Juan Jaimes

                                                                        CDC# V-08644

                                                                        Corcoran State Prison

                                                                        ASU1-165

                                                                        P.O. Box 3456

                                                                        Corcoran, CA 93212

 

                                                                        William E. Brown

                                                                        CDC# T-58106

                                                                        Corcoran State Prison

                                                                        ASU1-169

                                                                        P.O. Box 3456

                                                                        Corcoran, CA 93212

** NOTE CORCORAN STATE PRISON PURPOSELY TRANSFERED THESE MAIN MEN TO DIFFERENT PRISONS Already**

 

Director of CDCR, Matthew Cate

 

P.O. Box 942883

Sacramento, CA 94283-0001

Email: Matthew.Cate@cdcr.ca.gov

phone: (916) 323-6001

 

 

Chief Deputy Warden, C. Gipson

CSP – Corcoran

P.O. Box 8800

Corcoran, CA 93212

 (559) 992-8800

 

 Nancy J Kincaid

Director, Communications

California Correctional

Health Care Services

(916) 445-0496 office

(916) 214-4442 mobile

 Email: Nancy@CDCR Nancy.Kincaid@cdcr.ca.gov

501 J  Street, Suite 105

Sacramento, CA 95814

 

 Governor Edmund G. Brown, State Capitol, Suite 1173, Sacramento, CA 95814,

(916) 446-2841, fax (916) 558-3160,

email at http://gov.ca.gov/m_contact.php

Recent signatures

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    1. Reached 250 signatures
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    Supporters

    Reasons for signing

    • Eugenia Martinez WHITTIER, CA
      • about 2 years ago

      Because I have relative in jail and because their ponishment is not to to live under inhumane conditions but to deprive them of their freedom.

      REPORT THIS COMMENT:
    • linnea lopez HAYWARD, CA
      • about 2 years ago

      this is a statewide issue here in california in all prisons with shu ...we need to speak up for change as our loved ones , families and friends are not free to speak their peace .

      REPORT THIS COMMENT:
    • lucia bernales LOS ANGELES, CA
      • about 2 years ago

      Because My husband (inmate at kvsp) stands by his friends and family being housed in the Faulty CA Prison System, and goes through the hunger strikes to fight for... for something that is granted to EVERYONE EQUALY at birth, Human Rights.. I hope we move to change living conditions not only for a specific institution, but for all institutions that overlook INHUMANE LIVING CONDITIONS and HUMAN RIGHTS VIOLATIONS at the hands of correctional officers who abuse their power and forget that they are there to look after the inmates not to impose on them what THEY think is fair punishment.. To my husband (kvsp) Mark G. i love you daddy, rest asured, i am your voice....

      REPORT THIS COMMENT:
      • about 2 years ago

      These inmates are being tortured and some are dying for human rights that they should have been afforded all along - this situation is unbelievable and makes me embarrassed to be an American.

      REPORT THIS COMMENT:
    • Jonathan Fernandez MONTCLAIR, CA
      • over 2 years ago

      Its against there human rights.

      REPORT THIS COMMENT:

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