US: Racial Policy in California Prison Riots Breaks Law

KCRA (Sacramento), October 18, 2013

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.

{snip}

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.

{snip}

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.

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  • IstvanIN

    Thank you alien justice Ginsberg.

    • Zaporizhian Sich

      You mean hostile alien Ginsberg.

      • IstvanIN

        Correct and corrected. She is extremely hostile to a country that has been overly generous to her people. No wonder my grandparents had nothing good to say about a certain group. Nothing.

        • RisingReich

          Demon seed to be sure. But that’s “nazi racist”. It’s also true.

          • Sloppo

            I know Bible quotes are sometimes not highly regarded around here, but a certain segment of a certain population was referred to similarly about 2000 years ago in Revelation 3:9.

          • Katherine McChesney

            That’s where the “Khazar’s-are-not-Jews” argument comes in.

          • Sloppo

            Rev 3:9 refers to “people who say they are Jews but are not” so the description seems to work okay with that argument.

          • frederickdixon

            Khazars were Jews (converts) but modern Jews are not Khazars. But you knew that.

        • Fighting_Northern_Spirit

          My Mother was from rural Massachusetts and was fully onboard with the snivel rights movement etc. But her experience cleaning houses for members of the tribe as a teenager instilled her with the same views as your grandparents. If Engelman endured the same, surely he would drop his nonsense that we’re simply “jealous” of the tribe.

      • bilderbuster

        3 of the 9 members of the Supreme Court are fellow travelers of the tribe.

    • Spartacus

  • Stentorian_Commentator

    So kids in Cali can’t wear American flag T-shirts to school, because it would make Me-hi-cans riot, but we can’t take measures to keep apart people with a proven predilection for violence to avoid predictable and possibly fatal violence from mixing races and opposing gang members. Can we really say there is any constitutional law anymore?

    • D.B. Cooper

      I felt like puking when I read that California wants to ban people from wearing the American flag on May 5, but NOT the Mexican flag.

      • Katherine McChesney

        Cinco de Mayo has always been a big celebration in California. Even Whites celebrate it.

        Also, the first time I heard of Juneteenth was when I moved to Santa Monica in the 70’s.

  • The Justice Department has clearly gone off its meds. Since they are clearly a danger to the rest of us, do we get to lock them up in mental asylums? Soon, please?

    • Sloppo

      I figured you would have a good solution for this problem.

    • me

      California is being turned into one large mental asylum by the ‘progressive’ rule of fifty years. Sad. It used to be one of the best states to vacation in, but I avoid California like the plague now. It must be all of the drugs in the public water systems.

  • Dave4088

    Racial conflict in prisons quickly spread like wildfire, so it’s just common sense to place the warring races into mass lockdown to prevent further violence. This policy also protects white prisoners who are hopelessly outnumbered in the California prison system.

    But, of course, this violates the tenets of radical egalitarianism so madness reigns. Church and state are not separate where it concerns the state religion of multiracialism and anti-racism.

    • Titus Didius Tacitus

      The court’s anti-racist logic is that prisons can’t do the obvious thing to suppress riots because that would be treating people unequally by race, even though not doing it has a disparate impact on whites. In other contexts, where whites might benefit from “disparate impact”, the court forbids it. And the court supports all sorts of unequal treatment by race when treating people unequally by race harms whites.

      “Anti-racist” is a codeword for antiwhite.

      • Mike Conrad

        And “disparate impact” is only operative with respect to members of officially-favored groups.

  • JohnEngelman

    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.

    – KCRA (Sacramento), October 18, 2013

    People who work for the U.S. Department of Justice should work as prison guards for at least a year before taking up their duties with the DOJ.

    • My thoughts are that the DoJ folks should be inmates, as their demands are plainly criminal.

      These prison policies are not merely to help ensure the safety of staff members, but also that of the inmates. Whether this matters to you depends on how you want these ex-cons behaving out here in the world, once they are released. It is to society’s benefit that they emerge as more civilized individuals than they were before their original arrests, rather than less so.

      • Whitetrashgang

        Not more civilized just less dehumanized.

    • SFLBIB

      “People who work for the U.S. Department of Justice should work as prison guards for at least a year…”

      Here is a better one: before anyone can become a lawyer, he must spend at least five years as a cop on the beat, with that time divided up proportionally with the crime rates of the various areas. And at least half of which is on night patrol.

  • sbuffalonative

    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 practice is used to prevent further violence. How could any court with half a brain not take this into consideration?

    The Justice Department said in a court filing that the practice violates the 14th Amendment, which requires equal protection under the law.

    Protecting people from further violence is a violation of the 14th Amendment?

    FROM ANOTHER SOURCE:

    Robert Mitchell, an inmate at High Desert State Prison, testified that he had been swept up into recurring lockdowns because he is black, and had suffered muscular atrophy and pain as he was prevented from exercising a leg injury…Hanif Abdullah, another black inmate suing the state, says he was placed on “modified programming” multiple times, and was kept from attending religious services as well as receiving adequate health care.

    When a black man complains, the foundation of the earth is expected to move.

    • Brian

      With all the restrictions and harshness Mr. Abdullah is under, I’d almost think he was in prison or something.

      • How is it that these faux “tough guys” turn into complete sissies once they’re locked up? “OoooOooh, I be locked down by de man.” “OooooOoooh, my laig be’s hurtin. Baid.” “OooooOOooh, I needs me a sail foam so ah can calls my baby mommas wifout waiting to use the regular foam.”

        Hollywood likes to portray blacks as super-duper soldiers, but how many of these punks could stand a prolonged shelling with howitzers and intermittent heavy rocket salvos on their position? “OooooOOooh, my feet hurt.” “OooooOooh, I’m cold and hungry.” “OooooOOooh, I haven’t slept in about a week.”

        They aren’t any good at academic work, either: “OoooOooh, I gots ta be readin dis here book? I wants ta play bassetball, gnome sayin?”

        They don’t have any real steel in their souls.

        • Brian

          Sometimes I think about all those on both sides who died at Stalingrad and Kursk and Normandy, and wish they’d joined and pushed through Africa instead, from bow to stern. The opposition would have melted like butter.

          • Whitetrashgang

            Yes indeed, but the problem was revenge against a certain group . Being Dutch Mennonite and being Billionaire textile plant owners before the Russian Revolution my ancestors went to war with the Germans to defeat the tribe. Looking back I just don’t know. I mean were talking fighting apes, there would always be time I guess.

          • The opposition had already been defeated in the 19th century. None of the colonial powers governing Africa had the heart for genocide.

          • Brian

            Unfortunately we had the will and the way to slaughter the flower of Euro manhood, twice.

          • Mike Conrad

            Indeed… the real disgrace was that they were fighting each other. What a Glorious Victory then ensued for the sake of today’s Ruling Class, which–ironically enough–makes ‘divide and conquer’ its social, economic, and political strategy.

  • the_wop

    ” 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.”
    __________________________________________________________________________
    Really? So they are perfectly ok with jeopardizing the whites because of the hundreds of blacks affected out of the thousands that are incarcerated?

    • RisingReich

      Anything that jeopardizes Whites is good, grand, holy and worthwhile.

      Anything that protects Whites is evil, Nazi, racist, unholy and discriminatory and unconstitutional.

      Get with the program.

      • the_wop

        I knew that already. I guess I should have worded it differently. I’ll try to do better in the future I’ve been on hiatus for awhile and apparently my sarcasm is a bit rusty.

        • Mergatroyd

          Please us a sarc tag like this //scar at the bottom. Sometimes it’s very hard to tell is someone is using sarcasm or not, I’ve been nailed for it myself.

      • I didn’t program with them!

    • Mergatroyd

      Yes, as a matter of fact they are OK with jeopardizing the lives of whites. To them, our lives are worthless. We are only good for whatever money the state can confiscate from us and to use as cannon fodder in their never-ending, bloody wars.

      If we mattered, black-on-white atrocities would be reported daily in the msm.

  • Jesse James

    The hypocrisy of allowing whites to tormented by blacks and hispanics in prison and then calling it “Equal Protection” is outrageous. Imprisonment of whites in our integrated prisons is cruel and unusual punishment.

  • MekongDelta69

    The DOJ/ACLU/ad infinitum is agains ANYTHING and EVERYTHING which is completely logical, totally common sense, utterly rational, and which had kept civilization going forever.

    Would you expect anything better from this dictator and his regime?

  • D.B. Cooper

    I guess the best solution is to release said prisoners into Sodom and Gomorrah… OOPS!
    I mean, ahem, the San Francisco Bay area. Give them what they want, just keep those prisoners, and those tutu wearing liberals away from my state.

    • Katherine McChesney

      Good name for S.F. My only visit there in the 70’s was enlightening as I saw for the first time in my life homosexuals dressed in S & M gear right on the street. Then I learned of Michael Aquino and his involvement with Satanism and pedophilia at the Presidio. Needless to say I was mortified and I never had the urge to go back for any reason.

      • Alexandra1973

        That whole area is a hotbed of satanism…not to mention the land of fruits and nuts.

      • Try Oxford Street in Sydney, Australia. Yuck. One I saw out a bus window was wearing a transparent plastic miniskirt with nothing underneath. I quickly returned to my conversation with Everett and William because I had quite lost my interest in sightseeing.

  • Spartacus

    2+2=5

    • MekongDelta69

      I think it’s 9, but hey, 5 is good enough for ‘government work.’

      • the_wop

        As long as you know the way to get the answer it doesn’t matter if its correct or not or some such nonsense as that.

        • Mergatroyd

          You can bet the overlords who tell you this make sure THEIR children learn that 2 + 2 = 4 and not 5 or 9 or 10 and are not subjected to lessons that correct math answer don’t matter…

  • So CAL Snowman

    “Gangs in California prisons typically are based on race. . . ”

    As opposed to the rest of the world where gangs are predominantly multiracial and seek to reach across partisan lines to better understand each other.

    • So you’ve also heard about the Hell’s Angels, Serranos and Crips events in which they have a nice wine & cheese party and then visit an art museum together?

      I thought these get-togethers were a well-kept secret.

  • IKantunderstand

    Allow all the races in the prison system to mix. The more they kill each other the smaller the tax bill. Unless, of course, they decide to divert the fund s to entitlement programs. (By that, I mean non-incarceration entitlement programs). Make no mistake: incarceration is as big of an entitlement program as exists out there. We Whites are screwed regardless if they are in jail or out of jail. The only way we benefit, is that some of these Negro killers are off the streets, which, when you think about it, only allows more White taxpayers to survive and pay for them.

  • Imprisoned Diversity has a civil right to rape and murder White inmates. Segregation is an “obstacle.”

    It gets worse from here, because there might be some “unexplained” White privilege still unpunished in the free population, so the black felons will be let out on “social promise” to “do the right thing and make a future that works for everyone.”

  • Greg Thomas

    Political correctness and the never-ending diversity social experiment have no place in
    prison! This decision will directly lead to the deaths of more Whites!

  • Bob

    The inmates really are running the asylum.

    • IstvanIN

      The people running the system should be the inmates.

  • MBlanc46

    I’m surprised that they take such sensible measures in CA prisons. Looks as if it will be coming to an end, though, and prisoners will be killed by other prisoners merely on the basis of race. Then there can be another federal lawsuit.

    • Reverend Bacon

      Yeah, that’s the head-scratcher. The country is broke, and Eric “My People” Holder is practicing a new method of looting: he’s litigating to allow more whites to be killed by His People.

      Himmler would have learned well from this man. Pure evil.

    • The Mexicans and blacks genuinely hate each other, totally and completely. I got on well with Mexicans on an individual basis, and blacks very occasionally.

      I was locked up with them, but trying to MRD (mandatory release date) my time and not get into more trouble. The homies and vatos couldn’t help getting stuck into each other. Nobody ever hurt me, but I still think segregated jail and prison units provide a more peaceful management of inmates.

      • Mergatroyd

        Prison guards separate Southern California and Northern California Mexicans because they are likely to kill each other as well.

      • MBlanc46

        It’s always interesting to see PC working against itself. The Stop Question and Frisk policy also comes to mind.

    • Mike Conrad

      Not if the victims are white…

  • RileyDeWiley

    What do you think they do?

    I’m not even gonna look it up. I think I already know.

  • borogirl54

    In California prisons, the inmates segregate themselves by race. Each race has their own area in the recreation yard. Each race socializes with each other only. In fact, cell assignments are also segregated by race.

  • toldev

    This could end up back firing on blacks. Blacks are very good at fighting in packs. But it is a different story when it is one on one.

    • Mergatroyd

      Keep this in mind when the food riots start up. Snipe the leader and the rest will run in fear.

    • LIBERTYSINCURSION

      Tell me about it. I have experienced both scenarios before. I was jumped twice by groups of blacks who I assume probably taught themselves quite capable while with their pals. I have also fought some of the most laughable, before the fight “black tough guys”, who’s taughness melted away as soon as the fighting started.

  • Bon, From the Land of Babble

    Why stop the riots? This may be just the solution Gov. Moonbeam Brown is looking for.

    Oct. 15, 2013:

    The U.S. Supreme Court said Tuesday it will not consider Gov. Jerry Brown’s appeal of an order to trim the state prison population by another 9,600 inmates, leaving him with just one more chance to persuade a lower court to stop or delay a reduction that he says threatens public safety.

    OTOH, body bags may not be needed — two very large, very rare oarfish have washed up on So Cal shores recently and according to the Japanese, that means a devastating earthquake is about to happen…

    Second Giant “Sea Serpent” Oarfish Found In CA

    //www // kfiam640 // com/pages/johnandken // html?article=11756905#ixzz2iPqevJkk

    Bon

    • Jesse James

      Screw it just let them all out, they can have theirs and we will take ours and let’s just get this all over and done with one way or the other. We are really just about there.

  • sbuffalonative

    That would be challenged in court and the court would side with the Mexicans.

  • libertarian1234

    The out-of-touch lefties just can’t seem to come to grips with reality and are so lacking in wisdom and an awareness of what the real world is all about they live a distorted life based in delusions.

    They predicate everything on their radical pie-in-the-sky theories which make hare-brained schemes seem like common sense.

    They actually think part of the key to creating their “everyman” is to force prisoners to live together and perfect harmony will be the order of the day in no time at all.

    I have no respect for these geeks….which includes the clownish coterie of flakes, oddballs and misfits who declare themselves to be the “highest court in the land.”

    It was the “conservative” John Roberts who twisted the law to legitimize the monstrosity known as Obamacare.

    • SFLBIB

      “The out-of-touch lefties just can’t seem to come to grips with reality…”

      Actually, their reality is what their social theories say it is. So in a grotesque way, they are in touch with reality. The situation of people living in ivory towers expecting street gang members to embrace their “pie-in-the-sky” theories eagerly is beautifully captured by Dr. Thomas Sowell’s statement that,

      Someone once defined a social problem as a situation in which the real world differs from the theories of intellectuals. To the intelligentsia, it follows, as the night follows the day, that it is the real world that is wrong and which needs to change.

  • WR_the_realist

    If that earlier ruling hadn’t forbidden segregating prisoners by race there would be a lot fewer race riots and a lot less need for lock downs. But our genius overlords still haven’t figured that out. Or more likely they just don’t care, and don’t mind that people are injured or worse because of their policies.

    • Roninf9

      Its worse than that my friend. They WANT people injured or worse. They want chaos. They are nation wreckers. They are detroyers of our civilization.

      • Even if they don’t actively desire it, they just don’t care.

        Someday, I also may be allowed to “just not care”. On a normal day, I teach my daughter mathematics. Ariadne reads an assignment I give her and then we talk about it. Sometimes I give her a flight mission in Red Baron 3-D that is almost impossible. During our debreifing, I ask her “why did you do this” and “why did you do that?”

        I have her fill out after-action reports: numbers and types of enemy aircraft sighted, engaged and destroyed, any special markings, and anything else in the area.

        In the meantime, I care.

  • Danimalius

    The courts seem to have forgotten the “protection” part of the clause.

  • Brian

    What is the problem here exactly? The people being ‘locked down’ in their cells are already in prison, locked in there, to begin with. They have to be in their cells at night anyway. So some may be locked in the cell during the day to prevent racial violence– I’m not seeing the ‘cruel and unusual’ part of this. Sounds like a bunch of DOJ do-gooders who don’t know anything about the practical day-to-day workings of a prison and the dynamics thereof. They should come to these prisons on a field trip and see what happens.

  • Chasmania

    The DoJ lawyers should be invited to one of the prisons in question to do an in person walk thru, then be ‘accidently’ locked in with a group of prisoners for a few hours. I’m sure the experience would be enlightening.

    • Mergatroyd

      The DOJ lawyers should be called into to the next prison riot, then locked in with the prisoners to negotiate with them.

      Ever seen footage of a prison riot (not the Hollywood, cleaned up version where all the prisoners are whites), a real prison riot, or heard a description of the bodies after the riot is over? Gouged out eyes, genitals cut off with crude knives, stab wounds numbering in the 100s, torture murders and worse.

      Let these government libtards settle the violence that THEY created.

  • ZeitTrash

    I was reading an article listing Gwyneth Paltrow’s “most arrogant quotes” on some infotainment site. One of the quotes was about her “summer home” in Amagansett, NY.

    I started wondering what kind of an insulated bubble Amagansett is if someone like Paltrow lives there. Well, this is the kind of insulated bubble Amagansett is:

    “The racial makeup of [Amagansett] was 96.44% White, 1.69% African American, 0.28% Native American, 0.37% Asian, 0.28% from other races, and 0.94% from two or more races. Hispanic or Latino of any race were 4.03% of the population.”

    Who else lives in Amagansett?

    “A popular resort location, many famous people have resided in or owned second homes in Amagansett through the years, including Paul McCartney, Kathleen Turner, James Frey, Jerry Seinfeld, Christie Brinkley, Diane Sawyer, Gwyneth Paltrow and Chris Martin, Naomi Watts, Sarah Jessica Parker and Matthew Broderick, Jann Wenner, Suzanne Vega, and Lorne Michaels. Marilyn Monroe, Randy Lerner and Arthur Miller spent a summer there in the late 1950s.”

    Who better to lecture everyone else on social, political, and racial matters than these hothouse flowers? I wonder how many “white hispanics” have to patrol their neighborhood to keep young black males from tearing the place apart and killing everyone in it? There’s no doubt that Amagansett has plenty of well-paid private security. You see, it’s only the lowbrow white riffraff who have to get their hands dirty and do it themselves with those icky and vulgar guns.

    Is it any wonder why Lorne Michaels has no interest (beyond contempt) in why much of the country rejects his and his friends’ let-them-eat-cake liberalism?

    Diane Sawyer…gosh, no wonder her newscasts have such a gritty understanding of black-on-white crime. She’s really marinating herself in the urban reality whites face.

    We are ruled by an elite of comfortable, massively dishonest, hypocritical scum. More and more lately, I find myself wishing for a revolution that makes the French Revolution look like a walk in the park.

    • Zaporizhian Sich

      You and me both, as long as the right people die in the reign of terror every revolution creates.

  • NM156

    Why isn’t Eric Holder in Congressional prison? That he continues to hold on to his position is yet more evidence that the GOP elites are in bed with the left.

  • Ariadne says she wants to be the first female Japanese navy carrier fighter pilot. I’ll always fight any number of anything, because I’m crazy and I use 50-50 incendiary and ball ammo because I like to see them burn. She goes “high center”.

    Discipline is the essence of a soldier. This produces reliability. I was never properly trained. I am disorganized. That said, I can see, hear and expect things that others do not. I piss my pants in battle (can I say that here?). I move very quickly and silently. Once you have a reliable soldier, concealment and ambush are everything.

  • Bon, From the Land of Babble

    NO kidding. I live along the California coast — I’ve seen the radiation dispersal maps and am right in the path!

    A major earthquake would be no fun though, we have a HUGE population of non-White welfare leeches here who will start rioting immediately.

  • I’ve only ever known one pedophile, but one of his ex-girlfriends told me he was bisexual. Based on the weird pets (iguanas and ferrets) to which he never paid any attention and the console video games he never played alone, I guess he also “liked” little boys, as these would be a lure for them, but probably not young girls. Maybe it was both.

    He’s now doing three-to-life with mandatory life on parole. I don’t know the details, and I don’t even want to know.