Praise for Appealing to Justice “ Calavita and Jenness provide a subtly textured and grounded account displaying the contradictions of late-modern society, where legal process and civil rights grow apace alongside an ever-enlarging sphere of punishment and control. A beautifully written, compelling, and heartbreaking account of the promise and failure of the rule of law; there is no one better able to tell the story of these prisoners.” Susan S. Silbey, Leon and Anne Goldberg Professor of Sociology and Anthropology, Massachusetts Institute of Technology “ Appealing to Justice provides unique insight into contemporary ‘hyperlegal’ American prisons, analyzing two striking paradoxes: a majority of California prisoners fi le formal grievances despite likely staff retaliation and only a minute chance of success; administrators at all levels offer strong support of prisoners’ rights in general, yet almost invariably deny specifi c complaints. The workings of these paradoxes reveal both the deep tensions between legal rights and carceral control and the profound asymmetry of dispute processing in this distinctive total institution.” Robert M. Emerson, Professor Emeritus of Sociology, University of California, Los Angeles “ Jenness and Calavita dispel myths about inmate complaints while capturing surprisingly candid staff comments regarding their mission, inmate rights, and the incarcerated. A must-read for those seeking to understand inmate rights and the need for an independent complaint process. Time for a change? I think so.” Jeanne Woodford, Former Undersecretary of the California Department of Corrections and Rehabilitation, and Senior Fellow, Chief Justice Earl Warren Center, University of California Berkeley School of Law “ A study of grievance procedures in prisons, Appealing to Justice is also much more. It informs us what it means to be a prison inmate and what it means to be a correctional offi cer and administrator. It is at once profoundly depressing and uplifting. Do not look for simple solutions in this book; it is fi lled with complicated truths.” Malcolm M. Feeley, Claire Sanders Clements Dean’s Professor, Jurisprudence and Social Policy Program, University of California, Berkeley Calavita-9780520284173.indd a 16/10/14 4:30PM “ Drawing on fi rst-person witness accounts of how legal-rights and carceral logics collide inside the CDCR, this study offers more convincing evidence of the unworkably (con)fused legal, ethical, psychological, social, and institutional cultures of prison—both for incarcerated people and for prison workers—than any number of other studies. Top-rate interdisciplinary scholarship, thoughtful analysis, and smart, sensitive fi eld study make Appealing to Justice a powerful exploration of how diffi cult tough-on-crime legislation has made it to run prisons that are both safe and just.” Doran Larson, Director of the American Prison Writing Archive and the Program in Jurisprudence, Law, and Justice Studies, Hamilton College “ Through engaging prose and evocative evidence, Calavita and Jenness demonstrate how the legal consciousness of prisoners and prison offi cials reveals and reinforces the incoherence of imprisonment.” Rosemary Gartner, Professor of Criminology, University of Toronto “ This compelling book provides both an illuminating account of life inside twenty-fi rst century American prisons and a pathbreaking analysis of disputing processes in an uncommon place of law. The authors skillfully weave together complex information from interviews and documentary sources to demonstrate powerfully that people in a repressive environment, utilizing a hollow and unresponsive formal process, can nevertheless courageously maintain an insistent rights consciousness.” George Lovell, Harry Bridges Endowed Chair in Labor Studies, Professor and Chair of Political Science, University of Washington Calavita-9780520284173.indd b Appealing to Justice Calavita-9780520284173.indd i 16/10/14 4:30PM This page intentionally left blank Appealing to Justice Prisoner Grievances, Rights, and Carceral Logic Kitty Calavita and Valerie Jenness university of california press Calavita-9780520284173.indd iii 16/10/14 4:30PM University of California Press, one of the most distinguished university presses in the United States, enriches lives around the world by advancing scholarship in the humanities, social sciences, and natural sciences. Its activities are supported by the UC Press Foundation and by philanthropic contributions from individuals and institutions. For more information, visit www.ucpress.edu. University of California Press Oakland, California © 2015 by The Regents of the University of California Library of Congress Cataloging-in-Publication Data Calavita, Kitty, author. Appealing to justice : prisoner grievances, rights, and carceral logic / Kitty Calavita and Valerie Jenness. pages cm Includes bibliographical references and index. isbn 978-0-520-28417-3 (cloth : alk. paper) isbn 978-0-520-28418-0 (pbk. : alk. paper) isbn 978-0-520-95983-5 (ebook) 1. Grievance procedures for prisoners—California. 2. Prisoners—Civil rights—California. 3. Prisoners— California—Social conditions. 4. Prisons—Law and legislation—California. I. Jenness, Valerie, 1963– author. II. Title. hv9475.c2.c295 2015 365′.64—dc23 2014028928 Manufactured in the United States of America 24 23 22 21 20 19 18 17 16 15 10 9 8 7 6 5 4 3 2 1 In keeping with a commitment to support environmentally responsible and sustainable printing practices, UC Press has printed this book on Natures Natural, a fi ber that contains 30% post-consumer waste and meets the minimum requirements of ansi/niso z39.48-1992 (r 1997) (Permanence of Paper). Calavita-9780520284173.indd iv 16/10/14 4:30PM To Nico and Vickie Calavita-9780520284173.indd v 16/10/14 4:30PM This page intentionally left blank Contents List of Tables ix Acknowledgments xi 1. Introduction: Rights, Captivity, and Disputing behind Bars 1 2. “Needles,” “Haystacks,” and “Dead Watchdogs”: The Prison Litigation Reform Act and the Inmate Grievance System in California 24 3. Naming, Blaming, and Claiming in an Uncommon Place of Law 49 4. Prisoners’ Counternarratives: “This Is a Prison and It’s Not Disneyland” 80 5. “Narcissists,” “Liars,” Process, and Paper: The Dilemmas and Solutions of Grievance Handlers 97 6. Administrative Consistency, Downstream Consequences, and “Knuckleheads” 130 7. Grievance Narratives as Frames of Meaning, Profi les of Power 150 8. Conclusion 182 Appendix A: Procedures for Interviews with Prisoners 195 Appendix B: Procedures for Interviews with CDCR Personnel 198 Appendix C: Coding the Sample of Grievances 200 Cases 203 Notes 205 References 223 Index 237 Calavita-9780520284173.indd vii 16/10/14 4:30PM