Posted on 10/21/2013 3:34:48 PM PDT by Altura Ct.
California is violating the federal Constitution when it punishes prison inmates after a riot based on their race, the U.S. Department of Justice said Friday.
Gangs in California prisons typically are based on race, and riots often pit members of one race against one another or involve inmates of only one race.
After the riots, officers often lock inmates in their cells based on which races were involved to prevent further violence - whether or not those inmates were involved.
The Justice Department said in a court filing that the practice violates the 14th Amendment, which requires equal protection under the law. The opinion is not binding, but is part of an ongoing class-action lawsuit in federal court in Sacramento.
The policy "is not based on any individual analysis of prisoner behavior, but rather on generalized fears of racial violence. Indeed, the policy affects hundreds of prisoners throughout the (prison) system who the state acknowledges have absolutely no gang ties or history of violence," according to the filing signed by the chiefs of the Justice Department's Civil Rights Division.
The state could adopt race-neutral alternatives, the Justice Department said, including locking up specific inmates who it suspects were involved in the fight, or locking down entire housing units where the riot occurred.
It could also do a better job of gathering information in advance on which inmates are involved in gangs or are likely to engage in race-based violence and keep them separated.
Corrections department spokeswoman Terry Thornton said the state's policy is not to base lockdowns "solely on the inmate's race or ethnicity." State law says the department "shall not target a specific racial or ethnic group unless it is necessary and narrowly tailored to further a compelling government interest."
The U.S. Justice Department contends that the policy is too broadly written to pass constitutional muster.
The lawsuit was filed in 2008 by Robert Mitchell after he was locked in his cell following a fight at High Desert State Prison in Susanville. The Department of Corrections and Rehabilitation imposes more than 600 lockdowns in a typical year, at least 200 of which are based on the race of the inmates, said Rebekah Evenson, whose nonprofit Prison Law Office represents Mitchell and other inmates.
No other state has a similar policy she said.
"They lock down people who were not involved in the incident, not involved in the gang and just happen to have the same color skin," she said.
The policy is similar to another California practice that the U.S. Supreme Court found to be discriminatory nearly a decade ago, the practice of segregating inmates by race in their cells and sleeping areas to prevent gang violence.
Guess we need to lock them all up, all the time. Weld the bars shut. When they die, fill them in with concrete. They are never getting out.
Justice Department Doesn't Like California Law That Inconviniences Minority Felons
That is a bit harsh. I would weld the bars shut, only allow the porridge for food, and only allow CSPAN2 on the TV (if it works). Of course with the bars welded shut there would be a problem with stinking. Oh well.
You say harsh like it was a bad thing.
Sherriff Joe please pick up the white courtesy phone.
If you lock them all up then you will have additional aggrieved groups that will get in on the riot next time.
In the meantime, I suggest that the Justice Department form a strike team. The team will be composed only of those lawyers involved in this decision.
Next time there is a prison race riot, give each member of the team a briefcase, and send them in to calm things down.
Actually, it is a pragmatic policy based on reality. It works. So now, in the land of liberalism run amok, political correctness will take effect. It is a great example of Schadenfreude.
Inmates running the asylum.
Human sacrifice, dogs and cats living together... mass hysteria!
Yes, give pease a chance.
Everyone knows that prisons create their own racial divides. You either join your own kind or get punked by every one. That's the hierachy of prison and in most jails.
I don't care if blacks, hispanics, white supremacists, or the growing muslim extremists start the altercation. If it's shown to be one of those groups, yes, lock them all down. There are NO individuals in max prisons. Tough shit.
Sorry, its a fact. You’re in a gang in prison whether you’re naturally disposed that way or not.
I believe if they didn’t sometimes do this things would be totally unmanageable.
In the jungle thing get really REALLY real in a hurry.
Really? Seriously? Apparently, Obambi's exclusion of so many under the ACA (Obamacare) doesn't play by the same rules.
I'm waiting for January 1, 2014 when individuals will have standing to sue all the way to the Supreme Court about "equal protection under the law". I can't even see some of the more liberal Justices making excuses, except for the old fart Gingsburg. As stupid as Roberts was with his "tax rather than penalty" ruling, I don't see him buying into this.
Sorry to get off topic.
I think they should start correcting obvious bigotry at a more fundamental level. You will note that in almost all cities which have a Sub-Saharan African American population of more than 25%, have Sub-Saharan African American students ratios which exceed 50%....obvious segregation is working.
THE SOLUTION:
force all school districts in the surrounding city area to bus the children to the segregated cities and the cities to bus their Sub-Saharan African American students to the White suburbs until a proper equilibrium is reached.
Of course no governmental employee, especially judges should have their children or grandchildren attend other than non-segregated schools. AND OBVIOUSLY NO ALLOWANCE SHOULD BE GIVEN FOR THE GRADES AND THE PROFICIENCY OF THE SCHOOLS OR THE STUDENTS as that would be racist.
Turn the criminals loose and lock up the taxpayers. Its about the only place they’ll be safe in California anyway, in prison.3 hots, a cot, tv, and free medical. After a time the gangs will kill one another off and it will be safe to go back out into the sunshine again./sarc
Please clarify. Is that peas as in Peas Porridge Hot or as in what liquid goes down the toilet? Thank you.
1. Why stop the riots? Let them have at it. I have seen films of some of these riots in California. No way in he** would I risk my life to save the life on any of those involved in the riot.
2. If we are going to stop the riots and have a lock down; I propose we lock one black and one white in each cell, or one black/one hispanic, or one white/one hispanic in each cell. Last one standing in the cell is guilty of something, be it murder, attempted murder, or assault. Heck, we might even be able to get the last one standing for a civil rights violation.
Sorry folks, just tired of watching the courts give more of the taxpayers money and rights away to those who don’t deserve them as evidenced by their past actions.
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