Brown is quoted as saying that the prison overcrowding
problem has been fixed.
"The prison emergency is over in California is over," Brown is
quoted in the front-page article. "The trouble situation in California prisons
has been remedied. It is now time to
return control of the prison system to California."
Inmate-advocate groups decried Brown's actions, saying
overcrowding remains a severe problem and that remedies exist to fix that
situation without endangering public safety, the article stated.
Good luck, governor.
There are two inmate lawsuits that made it all the way to
the U.S. Supreme Court that should concern California taxpayers: the 1972 case of Ruiz vs. Estelle and the 2007
case of Jones vs. Bock.
Ruiz vs. Estelle
underscores the staying power of the federal courts, and Jones vs. Bock clears the way for inmates to file civil rights complaints
and rejecting the existing law that stated that inmates had to exhaust prison
grievance procedures before suing the prison about their treatment.
I recall while working in El Paso and covering the courts
and the criminal justice system after the federal courts had taken control over the state's
prison system, which resulted in a 10 year takeover.
The litigation started when a prison inmate, David Ruiz, sued the director of the Texas
Department of Corrections, William J. Estelle in 1972.
The Ruiz vs. Estelle
case was the longest running prison lawsuit in U.S. history, costing taxpayers
millions of dollars.
Citing violation violations of the 8th Amendment, inmate David Ruiz said Texas' prison constituted "cruel and unusual punishment" including overcrowding,
inadequate security, inadequate health care (sound familiar), unsafe working
conditions and severe and arbitrary disciplinary procedures.
"If you cage an animal and kick him every day, one day that
animal is going to attack," Ruiz told an AP reporter in a 1992 interview. "I
never asked for a Holiday Inn. I asked to be treated as a human being."
After eight years of legal haggling, the case went to trial.
The trial lasted 129 days, resulting in a U.S. District Court in Tyler, Texas
ruled in favor of the plaintiffs, citing mistreatment, institutionalized
neglect and inadequate resources.
In his ruling and after listening to 80 witnesses, federal Judge William Wayne Justice
ruled: "The evidence before the court
revealed a prison in which rapes, beatings and servitude are the currency of
power. To preserve their physical safety, some vulnerable inmates simply
subject to being bought and sold among groups of prison predators...To expect
such a world to rehabilitate wrong-doers is absurd. To allow such a world to
exist is unconstitutional."
Judge Justice ordered sweeping and dramatic
changes in the state's prison system.
Texas officials filed appeals that lead to reversing parts
of Justice's 1980 ruling.
An agreement was reached that there would be a 95 percent
prison capacity, the separation of hardcore offenders from other inmates, the
hiring of more prison guards and improving of the medical treatment of
prisoners.
Judge Justice had an iron hand on the oversight of the
prison system until 1994, and maintained limited control until 2003.
To comply with the 95 percent cap, prisoners were given
early releases for good behavior and others, usually nonviolent criminals,
served only a fraction of their prison sentences.
I recall an interview with then El Paso Sheriff Leo
Samaniego, a no-nonsense and tough lawman, about the inmates convicted in El
Paso serving a few years of lengthy prison sentences.
"They just go up there to take a shower and they put them
back on the bus and send them back," Samaniego quipped in frustration with his Mex-Tex drawl. "Why even bother?"
One white-collar criminal given a 10-year prison returned to
the county after service less than three years.
There were hundreds
of other examples of early prisoner releases to the community. Some were
violent criminals.
The state residents were outraged and demanded changes. State prison officials processed newly
arrived prisoners through the front doors and released others through the back
door to keep from violating Judge Justice's 95 prison capacity ruling.
The recidivism rate rose dramatically.
The newspaper, El
Paso Herald-Post, sent myself, reporter Jim Bole and a female photographer
named Nan (can't recall her last name) to report on the broken Lone Star State's prisons.
I wrote about Judge Justice's ruling dismantled the prison's
"building tenders" system. Building
tenders were handpicked goons who were given carte blanche by the prison guards
to beat, rape, murder and torture other inmates believed to be troublemakers or who were complaining.
I remember this is what the prison guards called this building-tender brutality on inmates: "A little thump therapy to set his heart right."
After the building tender system was
dissolved, there was a power vacuum in the prison system.
Inmates began forming groups, mostly along racial lines. First the groups were organized for
protection and cultural pride. Soon, it was to control the drugs, prostitution,
extortion and power inside the prison walls.
Prison gangs -- Texas Syndicate, Mexican Mafia, Aryan Brotherhood to name a few -- were formed
and it resulted in an explosion of violence in 1980s.
By the end of the 1980s, Texas residents, many who had
disdain for Judge Justice, decided to pay for a billion dollar prison
construction to relieve the overcrowding
that expanded the prison units
from 18 at the time of the Ruiz trial to more than 90 units by the 1990s.
The Jones vs. Bock
case means that jailhouse lawyers can now circumvent the prison's grievance
system
Inmates can now go directly to the federal courts with their
civil rights complaints, the U.S. Supreme Court ruled in 2007.
David Ruiz, who filed the historic lawsuit, was the son of
migrant farm workers and the youngest of 13 children.
He was a self-educated jailhouse lawyer who took on human
rights abuses in prison.
Ruiz wrote his 1972 complain that was handwritten at least
partially on toilet paper, according to published reports.
Ruiz died of natural causes in prison on Nov. 11, 2005. He
was serving a life-sentence for aggravated robbery and had spent all but four
years of his adult life in prison.
At his funeral was Judge Justice who was 86 years old, sat quietly among family, friends and ex-prisoners. The funeral service was held at a
church in East Austin, according to published reports.
For more information on Ruiz vs. Estelle: http://www.laits.utexas.edu/txp_media/html/just/features/0505_01/ruiz.html








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