This all started back in November 1986, a couple of weeks after the decision in Toussaint v. McCarthy 801 F.2d 1080 (9 Cir. 1986) [prisoners can be placed on administrative segregation status for little or no reason]. Myself and a couple hundred other people were transferred from the general population of old Folsom to ad seg at the new Folsom. I nor anyone else were actually given a rules violation report, but we were all accused of basically the same thing - gang association. And by virtue of that association were guilty of all the serious things that usually takes place in prisons. All based on informant information. I went to a classifications committee twice at new Folsom. The second time I went I was told that if I would tell all I knew about prison gangs, and my involvement and submit to a polygraph test, I could go back to the population. They actually put this in chrono (report).
I went to the parole board in 1987 and the board told me I could not participate in any programs unless I would "debrief" them on all I knew and took this polygraph test. Otherwise I would never get out of the hole and I would never get out of prison because I could not go the school, take a trade, get some therapy, go to A.A. or N.A., etc.
So it all comes down to the fact that if I'm unwilling to become a cooperating prisoner then I will suffer in the Pelican Bay Control Unit forever.
I filled a civil suit (pursuant to 42 U.S.C.) §1983 in federal court back in 1987. I have been vigorously litigating this issue ever since. I had a trial date in February of this year, but the U.S. Magistrate has ruled this is a class action and must be handled via habeas corpus. I'm already back in federal court on habeas but I'm also working on my g damage claim.
J.P., Pelican Bay, CA
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