A lawsuit filed by people incarcerated in California prisons is moving forward. A federal judge awarded class-action status to the lawsuit, which alleges that widespread practices of race-based punishment violate prisoners civil rights. The case stems from a 2008 court complaint filed by inmate Robert Mitchell, who protested that he was repeatedly subjected to lockdown at High Desert State Prison and denied access to exercise or programs because of his race. Mitchell alleged, according to the lawsuit, that prison officials said it was state policy that “when there is an incident involving any race, all inmates of that race are locked up.” Prison officials acknowledge they respond to outbreaks of violence by ordering lockdowns and other sanctions, and that every inmate is assigned a race or ethnic code: black, Hispanic, white or other. But they denied in court filings that punishments are decided by race. However, they commonly contend that inmates align themselves with gangs based on race and ethnic group. U.S. District Judge Troy Nunley found that it is undisputed that California uses statewide policies governing lockdowns that utilize race. He wrote that any assertion denying the existence of the [California Department of Corrections and Rehabilitations] policy to be insincere at the very least. Other plaintiffs have since joined the litigation, and are now represented by the Prison Law Office and the Bingham McCutcheon law firm.
Posted on: Fri, 25 Jul 2014 10:55:01 +0000