A class-action lawsuit by seven San Francisco county inmates calling for sunlight while behind bars began trial on Tuesday, August 8, with support from former sheriff Ross Mirkarimi and the head of the sheriff’s union, Ken Lomba.
The lawsuit, first brought against the city, the Sheriff’s Office, and Sheriff Paul Miyamoto in 2019, alleges that San Francisco jails are violating inmates’ constitutional rights to sunlight, causing health issues like headaches, Vitamin D deficiency, depression, and depletion of the melanin in their skin.
In the complaint, the inmates allege that they are allowed out of their cells for three to three and a half hours each week — often less. “These prisoners are required to live, eat, sleep and defecate entirely within their cells,” the lawsuit reads.
“It’s very simple,” said Yolanda Huang, the attorney representing the inmates. “Taking human beings and locking them in a closet and never letting them be in the sun causes chronic illness; that’s what the science says.”
Slits in the gym wall at the San Bruno jail allow outside air and some outside light to enter, but the design “never lets in sunlight,” the lawsuit continues. Inmates allegedly are only allowed out of their cells a half hour total each day, and are never allowed outside.
This deprivation of “outdoor exercise and sunshine” and lack of “meaningful exercise” indoors, the complaint reads, has damaged inmates’ health, contributing to cardiovascular disease, blood sugar issues, and hypertension.
“All prisoners,” the lawsuit concludes, have Vitamin D deficiencies.
Huang called it “unconscionable” that the city is adversely affecting the health of inmates, who are typically pre-trial and presumed to be innocent.
According to the Public Defender’s Office, the current trial backlog has more than 1,000 cases, and more than 100 inmates who have been jailed beyond their Constitutional speedy trial date. And San Francisco county jail populations are on the rise — currently, more than 1,000 people are in custody.
In response to the lawsuit, a 2022 filing from the defense stated that Vitamin D supplements are administered in jail to those who need it. “There is no independent right to direct sunlight,” the defense filing continues. But even so, County Jail 3, located in San Bruno, provides sunlight through grates in the gym and through small windows in each cell, the defense filing said.
And, while inmates are not allowed outside, “meaningful” indoor recreation is available in the gym and common areas, the defense said.
But plaintiffs argue that the state building code requires more than what the city’s jail provides, and they’re getting backing from unusual sources.
“We support the inmates’ request for outdoor access,” said Lomba, who heads the sheriff’s union, in a statement. “This is the law, contained in California’s building code, which is based on health and safety. As sheriff’s deputies, everyone, including the sheriff and the City of San Francisco, is required to obey the law, especially the building code at our facilities.”
The San Bruno jail, which has capacity for 768 prisoners, replaced another San Bruno jail in 2006. The previous jail had an outdoor yard, but the current jail that houses most of San Francisco’s jail inmates has indoor recreation areas only.
Former Sheriff Ross Mirkarimi, who was scheduled to testify on Tuesday, provided an “expert report” supporting the lawsuit.
“It is my understanding and belief that individuals who suffer confinement for 23.5 hours a day for weeks and months or years, are subject to extreme social and sensory isolation, and environmental deprivation,” Mirkarimi’s statement read. As sheriff, he said, he began a study of the overuse of administrative segregation and solitary confinement techniques, but the study was discontinued after he left the sheriff’s department in 2016.
The plaintiffs in the lawsuit also demanded damages from the city, but U.S. District Court Magistrate Judge Sallie Kim denied that request in April.
Kenyon Norbert, the first named plaintiff in the case, had been incarcerated at County Jail 4 since 2014, before his recent transfer to state prison.
“Since his arrest, he has spent 1,788 days without ever feeling the sun on his skin or being outdoors,” the 2019 complaint read. “Being held in an environment that significantly contributes to reduced health, reduced mental health and reduced mental acuity seriously impedes his ability to prove his innocence,” the filing read.
A filing earlier this month, however, shows that Norbert, who is no longer in San Francisco jail custody, will not testify in the case that bears his name.
Other fellow inmates were scheduled to testify on Tuesday. Sheriff Paul Miyamoto, who according to court filings was also subpoenaed to appear, left the country and may not appear until next week.
“It’s not about we wanna make these guys happy,” Huang said of her clients. “We’re saying you can’t make these guys deliberately sick; you can’t put them in a toxic environment.”
Wow.
The county jail is a Supermax.
Yet another insane SF gov failure resulting in the spiting out of sick folks onto our streets driven insane by their residency.
In San Quentin, if you’re on reasonable behavior, you get a huge yard, play horseshoes, sweat lodge for our native brethren, full on baseball field and other wholesome outdoor activities.
Even the murderers.
Even the swastika idiots although nobody wants to play with those guys.
Here’s a tip for When they get released, an if they decide to continue their life of crime, just head on over to Arizona an go an try that shit here an we’ll more than happy to make sure you get more than you ever wanted of plenty of sunshine an outdoor exercise swinging a pick an shovel.
“Innocent until proven guilty.” Or do you only apply that to rich sociopaths like your beloved T@#$p?
Obviously they weren’t angels, saints, or productive members to their community or society if they’ve been in county for weeks, months, years. Plus with a no bail system if they’re still in jail something really wrong must have happened. But vitamin d pills and group meetings should be helpful to them.
Rx: Vitamin D capsules and antidepressant of choice. Take as directed.
Building Codes are in place for 1) new construction and 2) renovation projects. Every 3 yrs these codes are updated.
The jail is existing, it does not fall under current codes. It was permitted and approved already.
5yrs behind bars does seem rough, I’m sure that would drive anyone batty. At least the sun shines in SF and they can see it from the window, plenty of places in the world where the sun rarely shines.
It’s more complex than that, and admin regulations do fall under CA building code.
https://codes.iccsafe.org/content/CAC2019P1/chapter-13-administrative-regulations-for-the-board-of-state-and-community-corrections-bscc-
They’re right. It is unhealthy. They need daily access to light (it’s San Francisco so direct sunlight isn’t exactly guaranteed). But those who are able can meet this need by helping to clean up the city. Including the obscene graffiti on the Ocean Beach seawall.
My childhood friend was kept in San Bruno for over a year for pointing – not shooting – a weapon during a family crisis. No prior crimes. A very gentle person w learning g disabilities failed by sf schools .He came out unable to go outside…. A father who had been his childrens rock , taking them to the park all the time , came out of jail unable to cope with life and his family spun out of control. Punishing people in crisis with subjection to inhumane, crazy making conditions perpetuates a cycle of recidivism and legacy incarceration. Nobody wins.