Silicon Valley De-Bug Prisoners Human Rights Advocacy Report 2016-2024
- SV De-Bug staff
- Sep 12
- 31 min read
Our Process
The majority of those incarcerated and their family members are afraid to file grievances within the jail. They fear retaliation or they may be completely discouraged by the grievance system. What we then tell them is, although there are no guarantees that there will not be retaliation, from our experience, officers may think twice when a family member supports them from the outside, displaying community support.
We either get a call from an incarcerated loved one or their family member who is supporting them, usually via participatory defense - our community organizing model to support those going through a criminal court case. We encourage their incarcerated loved one to file a grievance or medical white card. We then assist the family member with drafting an email to support their incarcerated loved one’s grievance. An email is then sent by the family member to all appropriate parties i.e. Jail Administration, Custody Health, Ombudsman, OCLEM, Prison Law Office, Board of Supervisors, etc. In some cases, we may send an email on behalf of the family member. In most cases, a family member will either get a response via email, phone call, or the family member will get notified from their incarcerated loved one and let them know that the issue was addressed. Although issues being resolved and communication has varied depending on who the administration is run by, issues are usually addressed within a week.
Source Data
A great deal of advocacy has been done. The advocacy De-Bug has done can not be fully captured in this report. This report is limited to email correspondences to the Santa Clara County jail administration between 2016 - 2024. Not all advocacy falls on emailing the jail administration. There are also other agencies, board of supervisor meetings, marches and protests, social media presence, and working directly behind families. Although this report is merely a fraction of the work, it is composed of raw advocacy from the families and De-Bug. For that reason, this report is not measurement of trends, improvements or lack thereof. This report is a mirrored reflection of the many issues we have within the jail, and how it took incarcerated organizers, attorneys, families and community organizations like De-Bug to actually instill change.
Correspondences
Below are highlights of Prisoners Human Rights Advocacy correspondences from 2016-2024 to the Jail Administration, Custody Health and monitoring agencies ranged from hunger strikes, peaceful protests, time out of cell, solitary confinement, lockdowns, classification, conditions (housing, bedding, clothing, pest infestation, unsanitary conditions), death in the jail, excessive force (C.O. violence), abuse of authority (non-violent), sexual harassment (PREA violations), shoes, exercise, jail issued food, special diet, chaplain, bible requests, freedom of religion and visitation.
The total of correspondences are approximate, sourced from emails sent to the administration which may not count all correspondences that have been lost due to time, and sent to other agencies. Correspondences have been documented based on our best effort to capture them all to our best ability via email searches.
Highlights
During the height of the hunger strikes, there were approximately 28 correspondences during 2017, and approximately 24 correspondences in 2018.
In total, there were approximately 111 Prisoners Human Rights Advocacy correspondences sent to administration, custody health, monitoring agencies & BOS from 2016 - 2024.
Highlights in Numbers
117 total correspondences
57 correspondences related to Medical Health
49 correspondences related to Classification
43 correspondences related to Conditions (Housing, Bedding, Clothing, Pest Infestation, Unsanitary Conditions), and 39 correspondences related to time out of cell, solitary confinement, lockdowns
40 correspondences related to Abuse of Authority, and 14 correspondences related to Excessive Force
28 correspondences related to COVID-19
4 correspondences related to Death in the Jail
1 correspondence on the behalf of a Santa Clara County Jail Staff Member who made a whistle blower complaint regarding misconduct of another staff member.
52 correspondences on behalf of a prisoner, a group, or the entire jail
49 correspondences related to Classification
33 correspondences related to peaceful protests (i.e., Hunger Strikes)
21 correspondences related to Visitation
16 correspondences on behalf of a Spanish speaker, disabled person, technology challenged person
14 correspondences related to Excessive Force
Highlights
Supporting Prisoners United of Silicon Valley (PUSV), and their families, leading to the Chavez v. Santa Clara County settlement and federal consent decree, ending pretrial solitary confinement based solely on classification, almost exclusively due to gang allegations, depriving prisoners from time out of cell, rehabilitation and education programs.
Solidarity with GP racial group segments and classified segregated Sureños, honoring the agreement to end hostilities, and removing the Protective Custody classification from classified Segregated Sureños.
Solidarity hunger strike effort with PUSV, SV De-Bug, with George Floyd Uprisings, gaining support from Santa Clara Co Alternate Defender Sajid A. Khan, San Jose NAACP President Rev. Jethroe Moore II, and Santa Clara County Board Of Supervisor Dave Cortese, which led to a halt to the construction of the new jail.
Supporting Michael Tyree's family every step of the way, both in criminal court against officers who murdered him and the civil case.
Supporting Isai Lopez's family every step of the way, including a settlement with Santa Clara County.
Advocacy for Native American Freedom of Religion, i.e., Sweat Lodge, feather, medicine bag, tobacco substitute, and chaplain.
Supporting Prisoners United of Glen Dyer (PUGD) with federal detainees in Glen Dyer to improve conditions and time out of cell.
Broadening support and the idea for alternatives to incarceration through the Care First Jail Never coalition and applying pressure in various community meetings. Main Jail South East Little Max, where prisoners endured inhumane conditions and solitary confinement was demolished, an anonymous jail administration staff member confided in us, stating that the Sheriff knew it was unconstitutional but was pressured by the FBI. Exposing JE Dunne, the contractor that was due to begin construction of the new jail for their anti-women and racist history. This led to stripping JE Dunne of the contract to move forward with the construction of the new jail.
A PUSV organizer's personal story became so influential that it served as a catalyst to change laws, the Racial Justice Act and AB 2425 Youth Records Act.
Supporting PUSV hunger strike food donations to the Salvation Army
Changing the shoe policy allowed incarcerated folks to wear commissary issued shoes in the dayroom, until the POA filed a lawsuit to reverse the policy.
Being there for families when their loved ones have issues in jail
Being there for families when they have issues with visitation
PUSV led a survey related to time out of cell and conditions in the jail.
PUSV led a packet with grievances that documented the pattern of various issues in the jail concerning time out of cell, retaliation and conditions.
Publicizing Prisoners United Newsletters distributed to the Santa Clara County Jail Population.
Moving in solidarity with hunger strikers through our Protect Your People Santa Clara County Budget Proposal in 2020. Hunger Strikers had demands of their own including awareness of the issues of the gang enhancement law. This collective organizing led to BOS Supervisor supporting the idea of not funding a new jail and instead funding alternatives to incarceration, and served as a catalyst to passing AB333, the STEP Forward Act, which radically changed the Gang Enhancement Law.
By Year
2016
Introduction: In 2016, De-Bug was supporting a family via participatory defense who was incarcerated in Little Max in the now demolished Old Main Jail. Michael Tyree, a houseless mental health detainee was due for release and murdered by three correctional officers before a bed could be secured. These officers were later found guilty of murder. Just four years prior, prisoners from all racial groups committed to an agreement to end hostilities, a mass hunger strike and lawsuit Ashker v. Governor of California to end indefinite solitary confinement based solely on gang validation in CDCR. Some pretrial detainees in Little Max previously participated in the hunger strikes in CDCR, and had survived correctional officer violence similar to Michael Tyree. This inspired pretrial detainees in Little Max facing indefinite solitary confinement based solely on their charges and gang validation to follow suit. A lawsuit was drafted by one of the prisoners and the Prison Law Office picked up the case, later known as Chavez v. County of Santa Clara federal consent decree. Under the banner of Prisoners United, the agreement to end hostilities was honored, joined by all racial group segments and committing to annual hunger strikes until the year 2021. Prisoners United was based out of the general population, with its stronghold beginning in Little Max, and later maximum security. Sureños later joined in solidarity with the additional demand of removing their protective custody jacket, in which they succeeded. The Jail Administration was surprisingly responsive and for a while very communicative despite various publicity stunts by Sheriff Laurie Smith mocking hunger strikers and taking credit for food to be donated to the Salvation Army. Under Undersheriff Neusal’s leadership, there was open communication and routine meetings to improve conditions. After both the general population and sureños joined in solidarity, Assistant Sheriff Beliveau threatened to cut off all communication and made various threats to “handle” De-Bug employee Jose Valle and go to the media to slander him (Chain of emails are bullet-pointed below). Despite challenges, De-Bug continued to be the clearing house to Prisoners United, print newsletters, with Prisoner’s United representatives in every housing unit in Main Jail made up of various racial group segments. During its height, Prisoners United expanded to Elmwood and was 100% prisoner led and family supported. These same individuals created surveys, presentations and even donated their food to the Salvation Army. Prisoners United also led hunger strikes in solidarity with the George Floyd uprisings which acted as a catalyst to pass AB333, and the movement to stop construction of the new jail. A prisoner from Santa Clara County was later transferred to Glenn Dyer Jail in Oakland on a separate case. Having experienced the hunger strikes in Santa Clara County, this prisoner followed suit, organized and expanded prisoners' human rights that addressed the issues in Glenn Dyer. After 2020, prisoner led movement building decreased due to its most influential participants being sentenced to CDCR but our prisoners' human rights advocacy work remained. Although correspondences have decreased since the height of the hunger strikes, that is not a true measurement of improvement of conditions. Although issues of classification have improved greatly, most of the decrease of prisoner led movement building is again due to its most influential participants having been sentenced to CDCR, transferred elsewhere or released.
2017
There were approximately 28 correspondences during 2017
Highlight Quotes
“My wife’s housing unit is in solitary confinement, we believe because she is classified as a gang member… A few days ago she ran out of toilet paper, she asked one of the correctional officers for a roll of toilet paper and it took them four hours to receive a roll. Her medication makes her go to the bathroom more often than usual. Due to her waiting for four hours to receive a roll, she ended up going to the emergency room for stomach, chest and back problems. My wife has also explained to me about the facility having an ant infestation, this has resulted in my wife finding an ant in her ear.”
Context: This individual, whose wife was in the Elmwood Women’s Facility, reached out to De-Bug. His wife allegedly witnessed a correctional officer dealing drugs with an incarcerated female. His wife wrote a grievance and instead of holding the officer accountable, his wife was rehoused and reclassified as a drop out gang member, held in protective custody and placed in solitary confinement in which she endured lack of sufficient toilet paper, feminine products and ant infestation. During another occasion, she filed a PREA grievance against an officer for allegedly watching her while she was showering.
“During the week of August 15, there was a pattern of aggressive cell searches, interrogations, excessive force, mishandling of personal items, legal paperwork, and group punishment in 5C, 7A and in 7C. Another chain of shakedowns and interrogations followed during 2:00 am in 7C by the C-Team. Redacted Prisoner 4.b.1, Redacted Prisoner 4.b.2 as well as his cellmate were aggressively shook down, strip searched and interrogated after being woken up. Redacted Prisoner 4.b.2's personal photos were ripped, legal paperwork scattered and left with missing grievance copies. In 5C, Jeff was woken up aggressively at approximately 2:00 AM when his legal paperwork was scattered, shaken down, strip searched and interrogated. Redacted Prisoner 4.b.3's personal commissary items were opened and torn. While being constrained, Officer Bocanegra caused Redacted Prisoner 4.b.3's knee to bruise between the metal bunk and wall. Note, I also received a prior account of Bocanegra assaulting Redacted Prisoner 4.b.4 on 6/17/17.”
“Redacted Prisoner 4.c.1 recently suffered a traumatic beating at the hands of Santa Clara County correction officers. Sometime during the evening between August 20, 2017, and August 21, 2017, Redacted Prisoner 4.c.1, a former foster youth with mental health needs who was recently transferred out of Santa Clara County Main Jail, was beaten while in custody. Redacted Family Member 4.c.1 who is CC'ed in this email visited him at his court hearing on August 31, 2017 when it became clear he had suffered major trauma to his face, as his eyes had very distinctive subconjunctival hemorrhages. His attorney believes that there was an attempt to gouge his eyes after meeting with him after seeing the damage done. Redacted Prisoner 4.c1 remembers at least ten officers throwing blows to his face and body. His eyes were swollen shut and he describes being suffocated to the point where his body felt limp and almost lifeless. Redacted Prisoner 4.c1 was taken to the hospital after this.”
“5C seems to be experiencing ongoing cruel and unusual punishment during their out of cell program time, below is a list of such experiences. No talking in the day room. not allowing more than 2 to exercise on the sundeck. Not being able to play cards or board games in the day room. not being able to wear commissary shoes in the day room. muting the television. 4C is receiving less than 10 hours of out of cell time every week. 7A is receiving less than 10 hours of out of cell time every week”
Context: Routine meetings with the Jail Administration led to a few successes two of them being: 1.) Free parking without the risk of being towed in the BOS parking lot. 2.) Wearing commissary issued shoes anytime and anywhere in the facility. Officers later got their union involved and filed a lawsuit which reversed this policy, restricting incarcerated folks from wearing shoes in the dayroom.
“Sergeant Dominguez brought up infractions or charges stating that his grievance contained alleged threats of notifying outside organizations and media concerning the lockdown. During the interview, Redacted Prisoner 4.e1 was shackled to a stool chair. Redacted Prisoner 4.e1 suffers from spinal health issues which builds up after sitting down after a long period of time. Shortly after the interview, Dominguez left Redacted Prisoner 4.e1 alone and chained to the stool chair until 3:30pm. Being interrogated for writing a grievance, left in chains in isolation with his health condition is a concern”
“The Custody Bureau, in classification, lacks the qualifications and credentials in order to verify or validate someone as a gang member and misclassifies the jail population in 6A and M4B as "protective custody sureño" based solely on their undocumented immigration status and the communities they come from. Their misclassification follows them in the courts even if charges have been dropped which may deprive them from DACA, making them vulnerable for deportation. The jail population in 6A and M4B are segregated from pro-social engagement and diversity with other racial groups. The jail population in 6A and M4B are deprived from access to meaningful education and rehabilitation programs which are in general population, furthermore they are subjected to level 3 and 4 max housing units even if they have no prior criminal history and are currently detained for non-serious, non-violent charges. In addition, this leads to extreme restrictive housing in solitary confinement. Their protective custody status follows them in prison which puts their lives in jeopardy which may result in their death or picking up custody charges once they are on the mainline general population in prison. Protective custody is supposed to be a safeguard for informants and sex offenders from being in danger in the general population. Because they are misclassified as a sort of hybrid of "protective custody" and "suspected gang member" there is no safeguard for this population who are misinterpreted as informants and sex offenders upon sentencing to prison. The Custody Bureau, in classification, is denying due process, while abusing their discretion of automatically misclassifying them as "suspected gang members" merely due to their undocumented immigration status and the communities they come from.”
“Detainees in 6A are requesting that their commissary food be donated to the Salvation Army. Detainees in M4B are also still on a hunger strike. Detainees in 6A also requested to meet with Captains Grumbos and Taylor for the inclusion of removing their Protective Custody status from their classification file. There have also been calls from family members who are concerned with them not eating and being rehoused to unsanitary cells in 6A. There have also been medical checks that interfere with their sleep shut down hours, depriving them of sleep. Notices from Santa Clara Valley Custody Health state that "failure to take food or fluids can have serious consequences to your health up to and including death”.“
“After over a year of regular face to face meetings, and a week of emails in order to avoid the hunger strike and have a successful suspension of the strike, Troy Beliveau has responded with "Sheriff’s Office staff will not respond to your inquiries to demands..." due to their gang allegations and my advocacy of their grievances and family concerns.”
Context: Historically, sureños in Santa Clara County were classified as protective custody. At some point there was a movement to clear them of their protective custody status and instead they were left with lime green tops yet this did nothing for their protective custody status. This protective custody status would follow them into prison in which they would have to risk their lives or face being gaining more time in order to secure their safety on a general population yard. In 2017, classified Segregated Sureños joined in solidarity with the hunger strikes, an agreement to end hostilities in support of the Chavez v. County of Santa Clara County lawsuit, with the additional demand to remove their protective custody status. After 14 days of being on hunger strike, some detained having fainted, and calls from loved ones concerned for their incarcerated loved one, and a phone call with Board of Supervisor Cindy Chavez, their demands were finally met. Initially, the administration attempted to create division by only honoring the demands of those in the general population, while neglecting the demands of protective custody sureños to change their status to segregated sureños. In addition, in certain housing units where they housed both validated northerners and sureños in solitary confinement, jail staff would pop the lock of sureño cells during general population program hours in order to instigate violence. Instead of pursuing violence, the agreement to end hostilities was honored. Today, all classified Segregated Sureños are in lime tops and can safely be sentenced to prison in a general population yard and take advantage of any and all incentives i.e. visits, programs, time out cell afforded to a prisoner.
2018
There were approximately 25 correspondences in 2018.
Highlight Quotes
Trustees act as assistants to the floor staff, cleaning showers, floors etc. Out of despair, all Black detainees were recruited as trustees and were rehoused based on officer Papa Tanghong's convenience. This led to a trustee boycott in which Black detainees eventually joined in solidarity to build racial harmony among the population. In response, Sergeants Morales and Dominguez made racial remarks alleging the Latino population to have initiated the boycott, allegedly saying "You Mexicans are always creating problems" when in fact all races from this housing unit acted in solidarity, and together the population was merely asserting their rights against a discretionary practice.“
Context: In this particular situation, correctional officer staff were attempting to create hostilities between Raza and Blacks by favoring Blacks with trustee positions which gives trustees privileges and benefits not afforded to the average prisoner. In addition, racist comments were made towards Raza prisoners for their politically conscious efforts to engage the general population in the struggle to combat inhumane conditions and solitary confinement. This was not the 1st time something like this happened. Previously, Sheriff Laurie Smith pulled a publicity stunt, purchasing cameras from her own pockets and installed them in a restrictive housing setting. A Black and Chicano prisoner had personal history with one another which restricted them from being housed in the same unit. It was no coincidence that during this stunt, cameras were installed to capture what later led to an act of violence between these two prisoners, which gave the Sheriff the ammo she needed to criminalize the jail population in a restrictive setting. Instead of allowing this situation to take on further violence between Raza and Blacks, they honored the agreement of hostilities and understood the Sheriff used this situation to justify inhumane conditions and solitary confinement. Judge Cordell previously expressed publicly about suspecting this to be a publicity stunt.
"I am writing on behalf of my husband Redacted Prisoner 6.b1, he was moved on Saturday, June 30th, 2018 along with 28 other inmates to 5A which is the environment of Ad Seg (Administrative segregation is when a prisoner is housed separately from the main prison population. In most prisons, ad seg is another term for solitary confinement) Redacted Prisoner 6.b1 along with others were told they were placed in a GP (general population) unit. However I believe GP means; The general population refers to the group of inmates who are not given any specific treatment. But they are now being subjected to these following conditions: 1). 29 inmates sharing one shower which violates title 24 building codes. 2). The use of restraints to escort inmates to the yard, regardless of orange or red top, all inmates were previously housed in 5-C General Population Unit 3). The loss of religious services in groups. 4). Unjustifiable up-class of housing without due process. 5). There is no set policy or procedure to run this pod effectively, as each shift operates however, they see fit and is contrary to other staff's operating method. 6). No adequate ventilation in the cells. In addition, pertaining to complaints of the 29 inmates in 5-A Pod 2, I was asked to communicate this as well. They, along with other supporters, will be peacefully protesting by way of refusing all county-issued meals. Which began today during dinner servings. Thank you for your time and I hope that something will be done about this injustice for all these detainees who have not been convicted of anything."
"The news of the death of Isai Lopez is distressing to the detainees, their families, and our Santa Clara County community -- let alone the family of young Isai. Several of us from De-Bug spent the afternoon with his family, offering our condolences in their moment of grief and mourning. With the blessings of Isai's family, we are requesting: 1) Any and all video footage (including body camera and jail video and audio surveillance) regarding Isai between the dates of October 11th through October 15th 2018. 2) Any and all recorded phone calls from Isai between the dates of October 11th through October 15th 2018. 3) Any and all medical reports regarding Isai between the dates of October 11th through October 15th 2018. 4) Any and all reports from custody staff regarding Isai between the dates of October 11th through October 15th 2018. 5) Any and all grievances submitted by Isai during his detention at the Santa Clara County jail. 6) Any and all use of force reports written in regards to Isai during the dates of October 11th through October 15th 2018. 7) Names of officers who were on duty in the respective tiers or areas of the jail where Isai was housed during the dates of October 11th through October 15th 2018. 8) Complaint histories of officers that may have employed use of force on Isai during the dates of October 11th through October 15th 2018. And we are also calling on the county to preserve any and all material, video, audio recordings, interviews, and communications that may be useful or relevant to a proper and thorough investigation regarding the death of Isai Lopez. We expect the county to be transparent in the investigation process and progress, and give ongoing updates to the family and community. As our county is literally still reeling from the death of Michael Tyree while in custody in the same jail, the death of Isai Lopez is a disturbing echo of tragedy."
Context: Isai Lopez had suffered repeated altercations of excessive use of force, first in Elmwood, then in the Main Jail. Shortly after the excessive use of force, and after being rehoused Isai Lopez was found hanging in his cell. There were multiple reports of excessive use of force on Isai Lopez and many suspected the hanging may have been a cover up. The family filed a lawsuit and De-Bug supported them every step of the way. At the very end, the family’s attorney abandoned the case which posed a potential dropping of the case. Although De-Bug is not a legal firm nor can we give legal advice, through our advocacy, a settlement was negotiated between the family and the County. One part of the settlement was the agreement of Santa Clara County’s policy to notify a family member after someone passes away in the jail.
“Deputy Ronald Bruce made a threat and or confessed (2) Kill / Murders and he needed (1) more Kill just before he left for his retirement. Your Deputy Ronald Bruce point blank told my son that he is going to Kill Him and that he would be his (3rd) Kill and then he can retire without having to fill out all the forms for his Criminal Acts of Crimes he has committed or will commit.”
Context: After a court hearing, a deputy made a joking comment insinuating that this specific detainee would be his third kill, hinting at Michal Tyree and Isai Lopez as his 1st two kills. Grievances were filed and De-Bug supported the family with making a formal complaint to the administration.
2019
There were approximately 4 correspondences during 2019
Highlight Quotes
"I am writing this email to address allegations that prisoners have had with 2 officers, Stokes and De La Rosa on the 7th Floor. There are allegations of retaliation and a disturbing episode of an individual having to step in feces and food damage from a toilet flood due to this officer. This individual requested and/or grieved concerning toilet paper. In addition, this individual on another occasion grieved about his toilet being clogged, it was never fixed and on the same day, Officer Stokes flushed the toilet after being told it is clogged and flushing will cause flooding. Because this was after a cell search many of Redacted Prisoner 8.a1’s personal items including food was damaged due to feces and toilet water. As a result of not being made a priority, Redacted Prisoner 8.a1 was forced to remain celled up and step in feces and toilet water until he was finally moved. Redacted Prisoner 8.a1 felt retaliated with after filing grievances. Redacted Prisoner 8.a2 7th Floor - 9/22 Redacted Prisoner 8.a2 received threats from Off. Stokes about not having program time due to noise level of the entire jail pop. On 10/27 Redacted Prisoner 8.a2 felt retaliated against due to filing grievances and his commissary order was misplaced. 9/12 Off. De La Rosa took Redacted Prisoner 8.a2’s dorm privileges away due to “looking suspicious”. On 10/24 Antonio felt retaliated against again due to filing grievances and his commissary order was misplaced. In addition, his flood was also damaged by toilet water and feces."
2020
COVID-19
During the COVID-19 pandemic and George Floyd Uprisings, there were approximately 24 correspondences in 2020.
Highlight Quotes
“The inmates were asking peacefully to speak to the sergeant regarding the lockdown due to inmate overflow… Instead the officers maced my husband and a good amount of people.”
“my son… tested positive of COVID-19 during the last week of June 29, 2020. My son was transferred to infirmary from 5B… a CO gave my son a mop bucket to bathe in… When he was first transferred, there was 1 other that tested positive, then four, and currently there is 9… There are 9 beds in Infirmary and a CO gave my son a mop bucket to bathe in, he has not been able to take a shower since he was transferred to Infirmary on the 2nd floor. My son not mentioned by name but was mentioned in a recent Mercury News article: https://www.mercurynews.com/2020/07/02/coronavirus-surge-of-jail-infections-halt-murder-trial-in-what-may-become-new-normal/ My son has been in jail for 4 years pretrial. The trial ended just before the pandemic. He was found guilty at trial but regardless of my son's conviction, he was not sentenced to death by covid and he was not sentenced to be stripped of basic rights to shower and maintain hygiene. He should be allowed to take showers and maintain hygiene especially during a pandemic and around others who are positive. Also, since covid, I have not been able to visit my son”
Context: During the COVID-19 pandemic, staff and custody health were ill prepared. A group of 9 people who were COVID positive were thrown in an infirmary and told they would all have to share the same bucket to bathe in for a week. In other units, people were quarantined or housed in either inhumane conditions or overcrowded units. In many cases, the conditions after being rehoused after being COVID positive were worse than beforehand. This caused many problems, some prisoners were catching COVID but did not report it to avoid inhuman conditions. De-Bug assisted the families to have several meetings with the administration to alleviate their concerns.
“My son was housed in Elmwood through a transfer from Corcoran on June 17, 2021 from Corcoran to attend family court sometime during September. I believe Redacted Prisoner 9.b.iii1 was due for release within a year. I visited him at Regional Hospital and a doctor told me he has Covid-19 positive. His face was so pale as if he was just out of the shower, blood in his nose and the lumps on the back of his head and forehead. He had marks on his wrists. The doctor said his head was swelling in the brain. He was on life support. I was informed he was found brain dead in Elmwood on the floor. The next day, I was informed that he passed at 3pm in the afternoon and that I needed to go to the hospital.”
“they took away Redacted Prisoner 9.b.iv1's masks. Redacted Prisoner 9.b.iv1 kept about 75 masks from my personal 9000 donations.”
Context: In this case, this incarcerated loved one’s mom donated 9000 masks to be distributed to her son, other prisoners and correctional officers. She received receipts for her donation and the Sheriff prompted the donation via social media. Her first donation was 1000 masks to prevent her son from getting COVID-19. She continued to donate masks on a routine basis until the final count of 9000. Unfortunately, it was not enough to prevent her son from getting COVID-19. In other instances, her own son was not able to receive masks at all, or they would get confiscated during shakedowns that had nothing to do with her son. De-Bug assisted this family member with various resources and email contacts to alleviate concerns.
George Floyd Uprisings
Highlight Quotes
“The purpose of this hunger strike is twofold: 1. Being to support and stand in solidarity with our brothers and sisters across the Nation protesting the murder of George Floyd and systemic racism across the board and 2. To bring awareness and attention to our very own experiences within the Santa Clara County Criminal Justice System. A system that is not just nor fair, a system that disproportionately targets people of color. A system that enables police brutality upon black and brown communities largely due to immunity laws (that protects such behavior) lack of accountability and law enforcement's blatant disregard for transparency. A system that promotes and thrives off mass incarceration of black and brown people. A system that is clearly plagued by racism and prejudice. The rule of law is relevant and necessary to maintain peace and order in any civilized society. We understand this and respect its fundamental purpose. However, the rule of law has been abused and discriminately used to oppress people of color. The Law allows the police and DA to stack charges that derive from the same act (course of conduct) simply to incarcerate black and brown people for as long as possible. The law allows the DA to use the racist three (3) strikes law to send people of color to prison for excessive amounts of time, even absent of violence. The law allows the DA to use the racist gang enhancement statute to basically criminalize being black or brown. As is apparent, law enforcement considers and views people of color overwhelmingly as gang members. We can not socialize amongst our own race, and family or friends (who happen to be fellow community members) without being labeled by law enforcement as gang members and/or associates. Ultimately falling victim to their racist laws. The gang statute allows the DA to change a non serious felony (such as auto theft) into a serious felony, subsequently tripling a person’s sentence and under the three (3) strikes law sentence a person to life. The law enslaves people of color to the criminal justice system by way of parole, probation, and indefinite criminal records. These racist laws and practices are predominantly applied to black and brown people. Equal justice should require fair and just treatment, not absurd punishment based on the criminal justice systems racist and prejudiced views of black and brown people…”
“My name is Sajid A. Khan and I am a Santa Clara County resident and a lawyer with the Santa Clara County Alternate Defender. I write this letter for a variety of related reasons: 1) To stand in solidarity with those at the jail engaged in a courageous hunger strike, to ask that the Santa Clara County Sheriff and County Jail administrators meet with those on strike to hear their demands (https://www.siliconvalleydebug.org/stories/s-c-c-j-hunger-strike-in-solidarity-with-protests and to request that said officials respond to their demands regarding jail conditions immediately; and 2) To offer my support of the Protect Your People Budget (https://indd.adobe.com/view/0a7caf9e-b3c9-4d32-999f-ef6686bb0b8e) authored by Silicon Valley De-Bug and to ask that the County Board of Supervisors divest from our criminal punishment system and instead invest in our community. I fasted for four days from dawn to sunset in solidarity with my brothers and sisters inside Santa Clara County Jails, some of whom I have the honor of serving and representing, as they courageously hunger strike and resist with their bodies against systemic racism and police brutality and fight for their humanity. I fasted with them to protest racist practices like 3 strikes law prosecutions and gang enhancements that disproportionately prey upon and violate communities of color, result in cruel, disproportionate prison sentences and form the backbone of our mass incarceration machine. I fasted with them to rebel against police brutality that looks like the killing of George Floyd but is also gang policing where police officers terrorize targeted, impoverished neighborhoods chasing, corralling, cuffing, interrogating and photographing young Latinx boys and teenagers for “gang” intelligence collection, is also police harassing and violating communities of color with stop & frisks and pretextual car stops where officers sometimes beat, choke, punch, baton, tase, sic dogs upon, shoot at our fellow people before throwing them into the belly of our mass incarceration machine. Sincerely, Sajid A. Khan, Esq.”
Dear Santa Clara Sheriff’s Office, Santa Clara Board of Supervisors, and Public Safety Committee: I serve as President of the San Jose/Silicon Valley branch of the National Association for the Advancement of Colored People (“NAACP”). We are writing to express our support of the hunger strike started on August 14, 2020 by Santa Clara County Jail (“SCCJ”) inmates in solidarity with the protests of the murder of George Floyd and issues of systemic racism within the Santa Clara County criminal legal system. We are deeply concerned by the racial inequality in our local criminal legal system… The NAACP will continue to monitor the situation and will not hesitate to comment publicly on this matter. Sincerely, Rev. Jethroe Moore II”
Context: Dave Cortese prevented the building of a new jail. RJA passed in 2020. (AB 333) passed in 2021. Years of planning the construction of a new jail was halted, and the movement to stop the new jail and invest in true alternatives to incarceration was born. De-Bug was a pivotal figure in this movement. A Protect Your People Budget Proposal was drafted and although recommendations did not get as much support as it deserved, we successfully put plans to build a new jail in limbo. In addition, JE Dunne, a construction company was contracted to begin contraction, De-Bug led an effort to retract the contract due to JE Dunne’s history against people of color.
2021
There were approximately 12 correspondences during 2021
“I visited him at Regional Hospital and a doctor told me he has COVID-19 positive. His face was so pale as if he was just out of the shower, blood in his nose and the lumps on the back of his head and forehead. He had marks on his wrists. The doctor said his head was swelling in the brain. He was on life support. I was informed he was found brain dead in Elmwood on the floor. The next day, I was informed that he passed at 3pm in the afternoon and that I needed to go to the hospital. The doctor on this day said he passed due to a heart attack on November 21, 2021 while in custody in Elmwood. I would like to know how he caught COVID-19, where were the CO’s when they found him after the heart attack, how long it took for them to give CPR, how did he get his injuries, and what the emergency response procedures were.
Context: During 2021, a majority of all correspondences were due to COVID-19, and largely due to visitation, classification, overcapacity, and inhuman conditions due to not having the capacity to house folks with the virus versus those without. In this particular case, this incarcerated loved one was only in County due to having to attend court, having already been sentenced and serving time in CDCR. During his time in Elmwood, he caught COVID and passed. We assisted this family member with getting medical records and contacting the administration.
“Denied Religious Special Diet, Denied Religious Observances of the Summer and Winter seasons and Waking of the Bear, Denied Religious Chaplain Services i.e. Native American Sweat Lodge Grounds, spiritual advisor of their faith, Denied Library Service. Current information on community services and resources, and religious, educational material and programs held in-house or provided through access to the community related to their faith and culture, Denied Religious Items/Property, Feather, Medicine Bag, Tobacco or Tobacco Substitute, Denied First Amendments U.S. Constitution rights that protect their freedom to practice a religion and to be free from state-imposed religion; Denied Fourteenth Amendment U.S. Constitution rights of the equal protection clause that requires the state to treat all similarly situated people equally; i.e. prisoners Denied Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA)”
Context: In this particular case, Native Americans were being denied constitutional and Title 15 rights to freedom of religion. De-Bug assisted prisoners and their families to secure a Chaplin and communicate with the administration. All freedoms to practice “Red Road” were restored and met.
“Redacted Family Member 13.a1, the mother of Redacted Prisoner 13.a1 is currently in a wheelchair and making it to a strict 10PM visit to Elmwood to visit her son is extremely difficult being that she is disabled. Is there any way an accommodation can be made for Redacted Family Member 13.a1 and when will visits be back to normal? 10PM visits sounds extreme. Thank you and appreciate it.”
“She would like to make a formal complaint about her brother Redacted Prisoner 13.b1 Coroner who passed away according to what a Sheriff explained at the Coroner’s in Sheriff’s custody in the backseat of a Sheriff's vehicle”
“What is hard to understand is that the Sheriff staffer that is being alleged of running over a staff person (which judging from her clothing may be an educator or counselor) in the Elmwood facility. This anonymous complaint and video was shared to us instead of making a complaint internally in fear of retaliation.” Video link: https://drive.google.com/file/d/1U4cbLM05v9cOc5kgQJNyD-08C4sIpbrD/view?usp=drive_link
“kneed by 7 officers in chest & stomach”
“I am concerned with the new Elmwood visitation hours at 10PM only. I had a major stroke in June and my entire left side has remained paralyzed. I am only mobile via wheelchair. I am a woman and traveling at late hours can prove dangerous. Due to my situation, I need my caretaker for travel, and to drive me from one destination to another, so traveling late at night is difficult. I am requesting that I am available to visit at a much reasonable time.”
Context: In this particular case, an anonymous staff member reached out to De-Bug to make a complaint on her behalf. According to the claim, a correctional officer was under the influence of alcohol and ran over a staff member in his cart in Elmwood. According to allegations, this person lost their Driver’s License due to a DUI. The staff member suffered injuries. De-Bug made a formal complaint.
“ants, pincher bugs, maggots, and other pests inside the dorm, 4 out of the 6 toilets are not functioning. 2 out of the 3 showers are not functioning”
“I am writing this email because Redacted Family Member 14.a1 is legally blind and unable to book a visit using a computer, she does not have email, is limited with public transportation issues, and visits during weekday evenings make it very difficult.”
2022
There were approximately 5 correspondences during 2022
“Denied Religious Special Diet, Denied Religious Observances of the Summer and Winter seasons and Waking of the Bear, Denied Religious Chaplain Services i.e. Native American Sweat Lodge Grounds, spiritual advisor of their faith, Denied Library Service. Current information on community services and resources, and religious, educational material and programs held in-house or provided through access to the community related to their faith and culture, Denied Religious Items/Property, Feather, Medicine Bag, Tobacco or Tobacco Substitute, Denied First Amendments U.S. Constitution rights that protect their freedom to practice a religion and to be free from state-imposed religion; Denied Fourteenth Amendment U.S. Constitution rights of the equal protection clause that requires the state to treat all similarly situated people equally; i.e. prisoners Denied Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA)”
Context: In this particular case, Native Americans were being denied constitutional and Title 15 rights to freedom of religion. De-Bug assisted prisoners and their families to secure a Chaplin and communicate with the administration. All freedoms to practice “Red Road” were restored and met.
“Redacted Family Member 13.a1, the mother of Redacted Prisoner 13.a1 is currently in a wheelchair and making it to a strict 10PM visit to Elmwood to visit her son is extremely difficult being that she is disabled. Is there any way an accommodation can be made for Redacted Family Member 13.a1 and when will visits be back to normal? 10PM visits sounds extreme. Thank you and appreciate it.”
“She would like to make a formal complaint about her brother Redacted Prisoner 13.b1 Coroner who passed away according to what a Sheriff explained at the Coroner’s in Sheriff’s custody in the backseat of a Sheriff's vehicle”
“What is hard to understand is that the Sheriff staffer that is being alleged of running over a staff person (which judging from her clothing may be an educator or counselor) in the Elmwood facility. This anonymous complaint and video was shared to us instead of making a complaint internally in fear of retaliation.” Video link: https://drive.google.com/file/d/1U4cbLM05v9cOc5kgQJNyD-08C4sIpbrD/view?usp=drive_link
“kneed by 7 officers in chest & stomach”
“I am concerned with the new Elmwood visitation hours at 10PM only. I had a major stroke in June and my entire left side has remained paralyzed. I am only mobile via wheelchair. I am a woman and traveling at late hours can prove dangerous. Due to my situation, I need my caretaker for travel, and to drive me from one destination to another, so traveling late at night is difficult. I am requesting that I am available to visit at a much reasonable time.”
Context: In this particular case, an anonymous staff member reached out to De-Bug to make a complaint on her behalf. According to the claim, a correctional officer was under the influence of alcohol and ran over a staff member in his cart in Elmwood. According to allegations, this person lost their Driver’s License due to a DUI. The staff member suffered injuries. De-Bug made a formal complaint.
“ants, pincher bugs, maggots, and other pests inside the dorm, 4 out of the 6 toilets are not functioning. 2 out of the 3 showers are not functioning”
“I am writing this email because Redacted Family Member 14.a1 is legally blind and unable to book a visit using a computer, she does not have email, is limited with public transportation issues, and visits during weekday evenings make it very difficult.”
2023
There were approximately 11 correspondences during 2023
“Redacted Family Member 13.a1, the mother of Redacted Prisoner 13.a1 is currently in a wheelchair and making it to a strict 10PM visit to Elmwood to visit her son is extremely difficult being that she is disabled. Is there any way an accommodation can be made for Redacted Family Member 13.a1 and when will visits be back to normal? 10PM visits sounds extreme. Thank you and appreciate it.”
“She would like to make a formal complaint about her brother Redacted Prisoner 13.b1 Coroner who passed away according to what a Sheriff explained at the Coroner’s in Sheriff’s custody in the backseat of a Sheriff's vehicle”
“What is hard to understand is that the Sheriff staffer that is being alleged of running over a staff person (which judging from her clothing may be an educator or counselor) in the Elmwood facility. This anonymous complaint and video was shared to us instead of making a complaint internally in fear of retaliation.” Video link: https://drive.google.com/file/d/1U4cbLM05v9cOc5kgQJNyD-08C4sIpbrD/view?usp=drive_link
“kneed by 7 officers in chest & stomach”
“I am concerned with the new Elmwood visitation hours at 10PM only. I had a major stroke in June and my entire left side has remained paralyzed. I am only mobile via wheelchair. I am a woman and traveling at late hours can prove dangerous. Due to my situation, I need my caretaker for travel, and to drive me from one destination to another, so traveling late at night is difficult. I am requesting that I am available to visit at a much reasonable time.”
Context: In this particular case, an anonymous staff member reached out to De-Bug to make a complaint on her behalf. According to the claim, a correctional officer was under the influence of alcohol and ran over a staff member in his cart in Elmwood. According to allegations, this person lost their Driver’s License due to a DUI. The staff member suffered injuries. De-Bug made a formal complaint.
“ants, pincher bugs, maggots, and other pests inside the dorm, 4 out of the 6 toilets are not functioning. 2 out of the 3 showers are not functioning”
“I am writing this email because Redacted Family Member 14.a1 is legally blind and unable to book a visit using a computer, she does not have email, is limited with public transportation issues, and visits during weekday evenings make it very difficult.”
2024
There were approximately 8 correspondences during 2024
“ants, pincher bugs, maggots, and other pests inside the dorm, 4 out of the 6 toilets are not functioning. 2 out of the 3 showers are not functioning”
“I am writing this email because Redacted Family Member 14.a1 is legally blind and unable to book a visit using a computer, she does not have email, is limited with public transportation issues, and visits during weekday evenings make it very difficult.”
Recommendations
Cease all plans to construct a new jail.
All misdemeanor and non-violent and non-serious pretrial detainees that are eligible for bail should have non-carceral and non-monetary alternatives to incarceration which offer services and resources that fit the detainee’s needs i.e. employment, rehabilitation, food pantries, family services, education, mental health, medical, housing etc. to prevent recidivism.
All severe mental health pretrial detainees should have non-carceral and non-monetary alternatives to incarceration which offer services and resources that fit the detainee’s needs i.e. mental health care, substance use treatment. employment, rehabilitation, food pantries, family services, education, medical health care, housing etc. to prevent recidivism.
Divert funding from monitoring agencies to actual monitoring agencies that have the capacity to do direct services, investigate & resolve grievances, prosecute misconduct, hold policy-making power, and be accountable to the community.
Meet the same standard of medical and mental health care someone would have on the outside.
Protect Your People,
Silicon Valley De-Bug
Jose Valle
Cynthia Longs
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