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.
Sincerely,
a California prisoner