In re Jorge A. Gomez, Court Of Appeal, 1st Appellate, Div. 2
(No.A142470 (Del Norte County Super. Ct. No. 145020)
BACKGROUND facts:
Jorge Gomez had spent over 10 years in Pelican Bay State Prison’s
Security Housing
Unit (SHU). In early July 2013, he participated in the Hunger strike to
protest torturous and inhumane conditions at Pelican Bay’s SHU and at
other isolation and segregation units throughout the state. Over 30,000 inmates participated at its height, with many
refusing
food for as long as two months.
CDCR struck back, on July 16, 2013, by issuing Gomez,a Rules Violation
Report
(aka CDC-115). The same fate fell on many other inmates who had gone to the extreme
length of starving themselves to peacefully call attention to their torture.
When CDCR was cornered to defend their position it was clear that no one was put in danger during this peaceful Hunger Strike.
The Court states: “None of [Respondents’] contentions indicate that the facility, outside
community or another person was endangered, i.e., put in danger or peril
of harm or loss,
nor do they indicate that there was a breakdown of
order in any aspect of the prison..."
DISPOSITION:
Gomez’s petition is granted. Respondent is ordered to reverse the [CDC-115] disciplinary
ruling that Gomez violated section 3005(a), thereby committing a serious rules violation,restore Gomez’s 90 days of conduct credits and expunge all references to his disciplinarycharge from his central file
PUBLICATION:
The case was finally published this month (May 2016), with strong Opposition by the Attorney General (representing the prison's interest). Thus far, the Published Opinion will
assist countless prisoners who wrongfully received RVRs (CDC-115s) in connection with their
participation in the 2013 Prisoner Hunger Strike.
PAROLE SUITABILITY HEARING IMPACT: This is a huge win for the Lifers and/or DSL (Youth Offenders) that will be going to their Parole Hearing post-GOMEZ, if they were wrongfully issued a CDC-115. We all know that realistically if an inmate has a fighting chance of being found suitable he should have minimally 3 to 5 years disciplinary free. If the CDC-115 was for a Hunger Strike it should be argued that participation in a peaceful demonstration, does not make him an "unreasonable threat to society" if released on parole. Of course, all the other Suitability factors must be present BUT FOR the Hunger Strike CDC-115.
The full opinion is available at http://www.courts.ca.gov/opinions/documents/A142470.PDF.
