Corporate Coup d’Etat of U.S. and Its Casualties, by Dr. Steven Nur Ahmed

Corporate Coup d'etat

The movement of capital in the form of manufacturing jobs and cash out of the United States to foreign countries, primarily to Asia, has lowered the quality of life for all blue collar workers and dimed the future prospects for college students in the United States. It is rapidly closing the door to economic opportunity for black people in particular.

New trade agreements such as NAFTA, CAFTA, and PNTR between at least 20 nations and the United States within the last 20 years have resulted in the loss of millions of jobs to foreign nations because U.S. blue collar workers cannot compete with workers from countries willing to work for .60 cents per hour.

Now, another trade agreement called the Trans Pacific Trade Agreement or TPP threatens to usher in not only the loss of even more blue collar jobs, but even more highly skilled white collar professional and engineering jobs as well by outsourcing to Asian nations.

Urban history in the 20th and 21st centuries is replete with patterns of economic destabilization. Let me give to you an example of what the relocation of blue collar jobs has done to black workers who were dependent upon manufacturing jobs in one particular city.

Corporate coup d'etat 2

Let’s look at the city of Oakland, California between 1950 to the present. It can serve as a microcosm of what is happening and will happen to United States workers in general and to black people in particular.

In the 1940s through the 1970s, Oakland was a highly concentrated industrial city. To give you an example I will name some companies which were situated in close proximity to one another between 81St, 98th, and 105th Avenues in Oakland in the 1960s. First, there was Peter Paul Almond Joy Candy Company, 2) Sunshine Biscuit Company, 3) Mother’s Cookies Company, 3) Pepsi Cola Company, 4) Laura Scuuders Potato Chip Company, 5) Gerber’s Baby Food Company, 6) Granny Goose Potato Chip Company, 7) Nabisco Company, 8) General Mills Company, and 9) General Motors Company. These companies were central to the very robust Oakland economy. They provided not only jobs and stabilized families but they also provided a strong tax base for the city.

Each of those companies ran 3 shifts or 24 hour daily work shifts except Saturdays and Sundays. They employed thousands of unionized workers. The money from those companies not only flowed in the form of family income but also filtered down to Oakland public schools and recreational facilities for children. Those were just a handful of companies in the city of Oakland at that time. There were hundreds more like them each of which added value to a dynamic city economy. However, company location policies began to change in the 1970s.

Each of those companies slowly pulled out of Oakland over a span of 20 years. The industrial companies pulled out after over 100,000 white people fled Oakland between 1950 and 1960 in response to the influx of Black people. White flight cost the city of Oakland its middle and upper middle class tax base.

The military bases also slowly pulled out of Oakland after the end of the Vietnam War. The closure of military bases also cost the city of Oakland millions of dollars in annual revenue. Black people had been attracted to those jobs and had migrated from the southern States to Oakland seeking to economically benefit from factory and civilian military jobs in the city of Oakland. But in scarcely 25 years or one generation the original intent of black people and the economic hope which motivated them faded before their very eyes.

During that time period and up to 1975, the city of Oakland reached its peak economically. But the pattern then was as clear as it is today. The owners of private industry then did not want to give jobs to, work with, nor be around black people any less than today.

The economic effect on black people and Latinos because of the loss of such a high concentration of blue collar and civilian military jobs is correlated with the disintegration of public quality of life because of a: 1.  shrinking tax base and the looting of public school budgets by some public school administrators in the city during and after the exodus of capital, 2.) an increase in black and Latino incarceration rates due to get tough on crime policies in the 1970s and the proliferation of narcotics, methamphetamine, and cocaine, 3.) an increase in AFDC and Food Stamp dependence which now stands at over 47 million Americans, 4.) The implosion of middle class shopping centers which is evidence of shrinking middle class incomes. That is best exemplified by the Eastmont Mall in East Oakland which was opened in 1970, 5.) a phenomenal increase in single parent female headed household far above that of two parent households after 1970, and 6.) a disproportionate rise in the black abortion rate after 1975.

Take what I have described and apply it to your city. Whether you are in Compton, Detroit, Baltimore, or Pittsburg you will see the same pattern; a loss of manufacturing jobs and a steep decline in the quality of life for most people and in particular for black people living there. Black people are always the first to lose economic footing.

Now we are confronted with a new economic challenge. It is called TPP or the Tran Pacific Partnership Trade Agreement. Its predecessor, NAFTA, became law in 1994. NAFTA has resulted in the loss of millions of jobs across the United States. It was signed into law by then democratic president Clinton. TPP will cost Americans more jobs lost to Asian nations and a loss of Federal legal jurisdiction over multinational corporations. Under TPP, foriegn corporations would be given the status of ‘legal citizen’ of the United States and thus have the right to sue U.S. citizens and governments if a law interfers with their profits. Another democratic president, Obama, wants to sign TPP into law. The TPP agreement has a covert purpose; it is designed to serve a particular purpose.

The TPP agreement like NAFTA will only increase the power and wealth of multinational corporations over us and to further diminish the leverage of unionized labor. It will also reduce our individual and collective political leverage as voters. But even more is in store for us if TPP is signed into law.

As Asian purchasing and consumption power increases, U.S. citizens will have correspondingly less economic and political leverage against the global multi-corporate power structure. That is so because over time multi-corporate revenue streams will become less and less dependent upon U.S. consumers. That is what “race to the bottom” means.

For example, in Detroit, public contracts were given to companies connected with corrupt politicians. As a consequence water costs increased in the city of Detroit after the city signed contracts with companies giving them the power to manipulate the price for water. That in turn has lead to water cutoffs to the poor in the city of Detroit.

Another example is California. In California, under Pete Wilson and Gray Davis, public energy controls were modified under the Electric Utility Industry Restructuring Act, 1996.  In 2000, Companies like Enron were then able to increase the price for energy by manipulating the price of energy thereby causing energy bills to triple overnight. The shortage of energy caused rolling energy black outs throughout the State to begin in 2001. . In both cases, elderly low income people on fixed incomes and low income persons suffered the most.

Running parallel to the TPP effort is the slow but steady privatization of local, state, and federal government. Right now it is best exemplified by the privatization of public schools and public utilities. For example, students attending public universities are more dependent on commercial bank loans because of Government cutbacks in grants such as the Pell Grant. Such cuts have resulted in a national student loan debt of over 1 trillion dollars. It is not that private corporations want to own the infrastructure of state universities. Rather, they prefer to allow taxpayers to pay the costs for maintaining university infrastructures; what they want to own, by loan contracts, are the students.

Here is why. Corporate and financial globalization has made those same institutions less dependent upon educated American professionals as is the case with blue collar and professional workers because they have a global pool of educated professionals to draw from and at a cheaper cost to them.

American college graduates must now compete with an international population for professional jobs in the United States. Thus, there is no longer a national and private sector need for large numbers of American students to fill job positions, and so University systems need not cater to students who are financially unable to pay for their education. All of these efforts turn on a single unstated premise: the private sector can do it more efficiently and cheaper than government.

The argument by the proponents of that premise is that since government has a 17 trillion dollar deficit, privatization will help reduce costs for running government. But that argument is not necessarily true. Take the postal service for example. The costs for postal services have been increasing under public control and it will increase under private control at an even faster rate. Furthermore, government will continue to run on a deficit for two basic reasons. First, a federal deficit will remain because the national tax revenue to the federal government will decrease as income levels decrease and secondly, because public debt is the only way to justify an increase in the national debt ceiling which in turn triggers federal loans from the Federal Reserve Bank which generates profits for private banks.

So, keep an eye on what happens to the U.S. Postal Service; it is the canary in the coal mine. Thousands of black people hold operative jobs for the U.S. Post Office. If the U.S. Postal Service is privatized, then thousands of black Americans will lose their operative jobs due to robotic technology. Operative jobs are one of the leading fields of employment for black people. People and their families dependent on those kinds of jobs will sink into a state of perpetual poverty. Black life will become even more sub-standard than it is now.

Statistically for instance, 72% of black people with college degrees are employed by a form of government and generally about 21% of all black workers are employed in local, state, and federal governments. If governmental departments are contracted out to private companies at the local, state, and federal levels, then black people will be the major economic losers.

Black Americans and their families will sink into perpetual poverty. Black life will become even more sub-standard than it is now. On the other hand, white youth with college degrees will get hired in the private sector. That is how corporate government plans to co-opt lower class but college educated white people with the aim to neutralize any movement toward unity of poor whites and blacks.

The closure of military bases in the 1980s and 1990s is yet another example of how the exodus of capital, in this case government capital, adversely affected black people. Such base closures ought to be a red flag on the field for all of us to see. In the San Francisco-Oakland Bay Area, thousands of black people and their families were the major losers when the Army and Navy bases closed.  That is because the Federal Government was the single largest employer of black people in the San Francisco-Oakland bay area. Many of those military installations were moved to other states so that jobs could be given to college educated white people after they were taken from under educated black workers.

Now, at this moment in our history, we should know that it doesn’t matter whether the president of the United States is Democrat or Republican; whether the president is white, black, male or female. Race and political party do not matter at the highest offices of government because the government which rules is multi-corporate and fascist in nature; it is not a democratic republic.











murder victim

Throughout the United States citizens in large and small cities have been grappling with the problem of ‘black on black’ homicide and violent assaults.  Political conservatives (Republicans) have argued for more police force presence and for increased incarceration while political liberals (Democrats) have argued for stricter gun laws and that education and jobs for the underclass of African American youth be instituted.


Both the conservative and liberal views ignore the fundamental problem faced by all African Americans. That is because their thinking is tied to erroneous ideological assumptions. Their assumptions actually support interests contrary to the interests of the African American community.


Need I even mention the left’s arguments?  They are entirely out of sync with the present problems faced by the African American community today. In fact, who are they? Where are they? Since the demise of labor unions they have become a joke. The left has forgotten Marx’s practicality: “The philosophers have only interpreted the world, in various ways: the point, however, is to change it.”[1]  They are glued daily to ‘Democracy  Now’ where they participate ‘virtual’ revolution like children with joy sticks. Well, look behind you; the plutocrats are standing over you with baseball bats.


The problem is not ideological. The problem in the Black community is a practical cultural one. Practical culture is related to the central or core values which when internalized by a people influence their behavior.  It has nothing to do with moral ideology but rather with behaviors that work to serve the best interests of a group in the short and long term.


No one on the right or on the left has been or is willing to address the issue of practical culture. So neither the conservative or liberal proposals will engender solutions to the violent crime problem in African American neighborhoods.  And it is evident that African Americans as a whole can’t.


What both sides can and have been doing is generating short term economic and political profit or put another way ‘pimpin the problem’ for both partisan and private interests.  That is the ball game they play at the expense of many people who fret for a change for the better in the African American community.  Their pimpin of the problem must stop!



The ‘Black on Black’ homicide and general violent crime rate is positively correlated with the total fertility rate of African American women 15 to 45, inclusive.   The African American total fertility rate now is 1.9 and the trend, starting in 1970, is that it will continue to decrease due to cultural momentum.[2]  Therefore, ‘Black on Black homicide will drastically decrease within 5 and 10 years or by 2023.  Its that simple.


For example, in the city Oakland California the year with the lowest homicide rate over the last forty-four (44) years is 60 in 1999.  Prior to that year, the lowest homicide rate was 66, in 1970.  At no time has the homicide rate in Oakland gone below 60 in 44 years. It has gone as high as 165 in one year.


The average number of homicides in Oakland per year is 109 within a 44 year period beginning in 1969.  Over that same time span the first wave of people born between 1946 and 1964 reached their 15th birthday in 1961 thereafter and for 19 years the number of those aged between 15 and 24 increased until 1979.  In 1988, the last wave of that baby boom generation born in 1964 reached the age of 24.


The United States Bureau of the Census demonstrates that between 1960 and 1975 there was a 25% increase in the population of African Americans aged 15 to 24.  This was the result of a total fertility rate of between 6 to 4.5 babies per African American female with an age range of 15 to 45 years of age between 1946 and 1960. 


You can see the crime rate and the prison incarceration rate of persons coming out of Oakland California start to increase during that very same time period beginning in 1972. It was the result of a conservative political argument called ‘get tough on crime’.


In 1972, the California Department of Rehabilitation started to modify its prisons’ infrastructures for more maximum security inmates. This process began at a time when the politicians in Sacramento had done their math and knew the demographic changes that were coming.  After all, they had blown open the social dike in urban areas that caused the flood of violence.


Evidence in support of my hypothesis is a fact reported in the Contra Costa Times: “…demographic forces reshaping the nation’s inner cities are having a profound effect on Oakland’s schools, particularly those in West Oakland.  Since 2000, the combined enrollment of public, noncharter schools in the area has plunged by more than 60 percent.” The article goes on to state that declines of African American school age children up to 20% have occurred in other cities as well.[3]


Therefore, even if general socio-economic conditions for African Americans remain what they are now or even worsen over the next ten (10) years, I predict that within five (5) to ten (10) years the ‘Black on Black’ homicide rate will drastically decline because of a precipitous decline in the African American total fertility rate and the consequent reduction in persons between the ages 15 to 24, inclusive.  Its too bad that the majority of African Americans are not interested in changing their culture because even though the homicide and violent crime rate will drop on a broader scale it portends an omega moment for African Americans.

[1] Karl Marx, The German Ideology

[2] Definition: Cultural momentum means the collective sentiment of a group and is characterized by measurable group behavior in relation to one or more values by time.

[3] Katy Murphy, Noticeable decline in school-age children in West Oakland, Contra Costa Times, 02/12/2012

De Facto State Policy: Put African American Males into Concentration Camps, by Dr. Steven Nur Ahmed

African American males are now de-facto enemies of the state. The de-facto California State parole policy for Oakland and all major cities throughout the nation is to put African American males in inner city concentration camps under the guise of ‘reentry’ into the community by parole and probation. The facts compel this conclusion. The distribution of parolees in Alameda County is incontrovertible proof of that conclusion.  It is a policy long in the undertaking. This is how millions of African American males were set up to be legally denied the exercise of their rights under the United States Constitution.  The justification for that policy rests upon the construction of violent crime within the city.

It is February 2013 and Oakland has already recorded 9 homicides. No doubt by the time this is published it will be higher. For over 37 years, Oakland has had a minimum of  sixty-six homicides in 1970 and a maximum of 165 in 1992. So, there has been no progress made in the reduction of the homicide rate in over thirty years despite an increase in the number of police, candle light vigils, and ‘get tough on crime’ policies out of Sacramento.

The felony assault figures in the city of Oakland are even more descriptive of what ails the city. The average annual number of felony assaults is 3,219 for a thirty-eight year period. Many of those assaults are for attempted murder. That figure should be taken as seriously as the murder rate.

It is no denigration to say that Oakland is a violent city. It has been a violent city for a long time. The ripple effect of such a violent environment spreads far and wide. I know that personally because six of my friends and relatives including my brother and a sister in law have been murdered in Oakland. So, aside from the immediate death of the victims of murder, over four thousand since 1969 through 2007, there are tens of thousands of traumatized family members living in the same geographical location where the murders have occurred and who are nagged by the constant memory of tragedy. The city of Oakland by the gravity of their aggregate sadness is cast with a visage of constant mourning.

The highest incidences of murder during the past 30 years are concentrated along a narrow strip of the city. It stretches from the border of Emeryville through North and West Oakland Acorn community down through 105th   avenue between the 580 and 880 freeways. It overlays the old blue collar industrial sectors of Oakland; it is a corridor wherein for most of the 20th century thousands of Oakland residents and their decedents found employment in the city’s many factories.

Oakland’s industrial base started to decline after World War II; that corridor where industries were once situated is today concentrated with people having the highest poverty rate, lowest education levels, respiratory health problems, and highest  unemployment rate in the city. It also has an ex-felon to non-ex-felon ratio of one to three for African American males aged 25 to 34. Like any concentrate, those socio-economic characteristics in combination with the parolee characteristics (2,493 on any given day according to the Urban Strategies Council) are conducive to greater sociopathic solidarity across all age categories, especially over decades of time.  What makes such sociopathic solidarity inevitable is the fact that it is a high population density area into which the California Department of Correction and Rehabilitation releases most of its parolees. It thus follows that violence has become to that narrow corridor what salt is to sea water.  It is almost a given.

The best example of increased sociopathic solidarity is gang membership and affiliation.  Though gangs have always plagued inner cities, rarely have they had power beyond the power of local peer pressure.  However, in Oakland and cities like it, there is a growing disproportionate amount of power welded by gangs in local nieghborhoods. Their power is measured against a decline in the influence of local institutions that had historically been able to maintain social solidarity as opposed to the increase in intimidation against local citizens. The influence once maintained by a faith based culture is now overshadowed by the growing influence of gang intimidation and sociopathic solidarity.

Nature abhors a vacuum of any kind. The local economic infrastructure has been collapsed for thirty-years because of the exodus of capital and thus it has no significant influence on the perpetuation of economic hope by people in the community. The 2008 banking scandal and the consequent skyrocketing home foreclosure rate acerbated an already existing crisis.  Therefore, the economic carrying capacity of Oakland cannot meet the demands upon it by the high number of unskilled unemployed persons in the city because manufacturing jobs which have been relocated to Asia are never coming back to the east bay or the United States.

The church and the family are in decline as well.  Their decline is evidenced by the high number of single parent never married households particularly in the African American nieghborhoods; secondly, because there has been a 9% to 20% decrease in number of children aged 5 to 17 in the city of Oakland, and thirdly, because such decline is evidenced by the increased church dependence on federal and state government money grants to prop them up.  That monetary dependence underscores the severity of economic depression in African American nieghborhoods and the need of governments to control poor people through pacification programs.

Much has been said about the historic benchmark when there were more African American males in prison, jail, on parole or probation than in college. The same, however, can be said about church attendance. The church is less influential than gangs in most local inner city neighborhoods today because gangs don’t tithe they take; taking is a forceful and assertive act. Gang activity doesn’t inspire but it does make for an intense adrenaline rush. Forty percent of African American males will spend more time in jail, prison, and on parole than they will spend time in a church in a life-time. The loss of economic hope and a faith based culture insuring the legal status of marriage has made way for gangs and ever weakening family structure to fill the vacuum.

The parole policy of the CDCR is directly antagonistic to traditional cultures in the above described urban area. It is an antagonistic parole policy because during the past thirty-seven years that parole policy has caused significant cultural dysfunction that has brought about: 1) a shift in local power distribution, 2) a demographic concentration of marginalized ex-felons, and 3) it has concentrated and perpetuated a prison yard ethos in neighborhoods.

Neither the County of Alameda nor the City of Oakland shares jurisdiction over parolees with the CDCR.  What that translates to is an indirect conversion of city and county resources to do CDCR work investigating crimes by people under the jurisdiction of the CDCR. Hiring more police officers and sheriffs to round up parolees who commit crimes is a direct monetary drain for the city of Oakland and the county of Alameda. Furthermore, it means that the CDCR has superlative life quality determination for the citizens of Oakland over and above the city council, the county board of supervisors, and voters.  It makes the city a de-facto appendage of the state prison corporate-enterprise complex.

That superlative CDCR power is exercised when it paroles persons where there is either a high probability of parolees to do a successful parole or conversely where there exists a low probability of doing a successful parole, but not both. Given the facts, the CDCR has obviously chosen the latter alternative.  That is exactly what the construction of violent crime means. That is why there is a higher than lesser rate of violence in Oakland. The same pattern is discernable in other large cities in California. If the CDCR developed a new parole strategy which de-concentrated parolees in high volatility areas, there would be a substantial drop in homicide within one to two years in Oakland and other cities. That is solution number one. But the CDCR will not opt for that solution because of institutionalized racism.

The fact that the CDCR has continued to concentrate parolees in high population density areas is evidenced in that narrowly described corridor of Oakland.  It is bad policy to continue to do so.  It is illogical to release more parolees into such areas because after thirty-seven years the arithmetic just does not support it. State wide there is a positive correlation between crime rates of all kinds and high population density. For example, in Oakland there are approximately 7,476 persons per square mile in a 76 mile area; analogously in the city Stockton there are 5,273 persons per square mile living in a 60 square mile area. The total number of felony arrests for the year 2007 was 2,238 in Stockton.  In Oakland it was 6,672.  Though Stockton is only 33% of Oakland’s arrest rate for the same year, Oakland’s population is nearly twice that of Stockton. The fact is that population density coupled with an increasing parolee population is predictive of an increase in felony arrests.  Therefore, a strategic parole policy which factors population density in cities into inmate parole plans can cause a reduction in all crimes and parole violations committed by parolees.

There is no CDCR condition of parole which denies parole to locations with characteristics like the one I’ve described here. Parolees merely must tell their agents were they live or before they move to a new location or pursuant to California Penal Code Section 3003(b) parolees can be paroled to a community that is in the best interest of the parolee and the community. But given the average parolees’ socio-economic status they are of necessity weighted to the very urban situations where they have a long history of social dysfunction and virtually no family support. Therefore, high incidences of violence are symptomatic of a dysfunctional CDCR parole policy in conjunction with dysfunctional social environments. Thus, the CDCR policy should be altered because if it is not altered the violence in Oakland will only worsen with an increased ex-felon population. That is solution number 2.  Here’s why.

There are approximately 480 cities and towns in California.  If under the Federal court order, the CDCR is compelled to release 40,000 inmates on parole within two years, then wouldn’t it be more rational to distribute them evenly across the state?  Given those figures, that would amount to 83 inmates per city.  That would put less strain on large cities while at the same time preventing an increase in the concentration in cities with high rates of violent crimes.

Can we tell prison inmates that they cannot parole to high population density areas?  Absolutely and categorically, ‘yes we can’.  The CDCR must balance its interests in meeting judicial sentencing requirements and Federal court orders against the interests that inner-city communities have in preserving their traditional integrity.

I have argued that such a pattern of parole has effected a massive cultural transplantation in the city of Oakland. It is impossible for cities like Oakland to avoid taking on the characteristics of a prison yard culture over time given the illogical policies of the CDCR. Fault for such a cultural transplantation cannot be found with mayor Quan nor any other mayor, for this has been a persistent pattern for over thirty-seven years and has grown under the tenure of every mayor during that period.

My criticism is that there is fault to be shared with criminals. The CDCR lacks rational creativity; its administrators continue to roll the same old parole policy ball down the court even though that ball is flat. But why continue a policy that is so destructive to local communities? I posit that most of the administrators of the CDCR graduate from the lower ranks of the correctional officers and so they inherit the same policy ball and do not question the direction in which they are rolling it. However, if we assume that some do see the illogic of CDCR policies yet persist in the application of them then the real motive is to make the African America neighborhoods de-facto concentration camps under the guise of  ‘reentry’ back into the community.


Suing The Police In Federal Court, by Wayne Johnson, Attorney at Law, Oakland, California

Suing The Police, by Wayne Johnson (2)Wayne Johnson, Attorney at Law


Maybe you have a close relative who was injured or killed by the police. Maybe you have been the victim of excessive police force. Maybe you, or a family member have been arrested, searched, or merely detained for no apparent reason, and you would like to consider your options.

This book is written by Wayne Johnson, who some consider an expert in excessive force. He is a civil rights attorney in Oakland, California, a city where you may have as much to fear from the police as you may from an extremely violent criminal, particularly if you are a man of color.
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All people of color should consider reading this book, whether you intend to work in law enforcement or just intend to live in a society where you may be targeted with racial profiling. This is true despite the fact that your city may have a Black Police Officer’s Association and may have had more than one Black police chief. An encounter with the police may cost you your reputation… or your life.   ……………

Suing The Police In Federal Court

Too often you may face a rogue police officer or maybe even a gang of them. You may be a victim of improperly trained police who believe an unnecessary punch, kick, wrist lock, baton, pepper spray, bean bag round, canine attack, is a way to control a situation or simply to command respect.

What many people do not realize is that when it is not necessary for the police to use force, any force they use against you can be unreasonable or excessive. The critical question is not to determine when force is necessary, what the appropriate degree of force is, and when you may sue the officers or municipalities for exceeding the appropriate degree.

You may not resist even an unlawful arrest; however, you may use reasonable force to ward off an attack of unreasonable force, but do not count on it. If you run from the police or fight back, you may end up seriously injured or dead, even if you have a right to defend yourself. 


Nothing in this book is designed to assist you in representing any person, or entity, other that yourself. In fact, it is unlawful for a layperson to represent anyone, except himself in court. This means you may not represent family members, estates, businesses in which others own interests or shares, unless you are an attorney licensed in the state where the incident took place. If the incident took place in California you must be a licensed California attorney to assist others in California. Business and Professions Code §6126 prohibits the unauthorized practice of law. The unauthorized practice of law can be a misdemeanor or a felony.

This book is designed to assist you in pursuing your rights against a municipality. That includes a city, a county, a district, or transit authorities.

This book is not designed to assist you in filling claims against any federal or state agencies. Federal claims are pursued under the federal tort claims statue and/or under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971).

The procedures for suing state police, including the California highway patrol, are similar, but the differences are significant. You should not rely upon this book to assist you.

You should also not rely upon this book for assistance I suing the county or state for injuries received while a pretrial detainee or a convict.

Pre-trial  detainees need to use the Fourteenth Amendment. See Neely v. Feinstein, 50 F.3d 1502, 1508  (9th Cir. 1995)  (“[0]ur Fourteenth Amendment jurisprudence has never required officials to have a subjective awareness of the risk of harm in order to be deemed ‘deliberately indifferent.’”); Redman v. Country of San Diego, 942 F.2d 1435,1443 (9th Cir. 1991) (en banc) (holding that “deliberate indifference is the level of culpability that pretrial detainees must establish for a violation of their personal security interests under the fourteenth amendment.”).

Convicted persons need to use the Eighth Amendment strict standard. The Eighth Amendment requires a showing that the force was used “maliciously ad sadistically to cause harm” Helling v. Mckinney, 509 U.S. 25 (1993); Whitley v. Albers, 475 U.S. 312 (1986) (deliberate indifference means “malicious, sadistic, or wanton intent to harm” rather than good faith effort to restore order).  To the extent that the plaintiff must prove a due process or cruel and unusual punishment violation, the immunity defense would be inappropriate, Wilson v. Seiter, 501 U.S. 294 ,111 S. Ct. 2321 (1991), Hudson v McMillian, 503 U.S. 1, 112 S.Ct. 995 (1992).

In Farmer v. Brennan, 511 U.S. 825, 114 S.Ct. 1970 , 1976- 77 (1994) the court discusses prisoner safety from other prisoners. See Hearns v. Terhune, 413 F.3d 1036, 1040 (9th Cir.2005).

With regard to medical treatment after  a conviction, the Supreme Court has stated that “deliberate indifference” to serious medical needs of prisoners constitutes the “unnecessary and wanton infliction of pain” and amounted to “cruel and unusual punishment,” prohibited by the 8th Amendment. See Estelle v. Gamble, 429 U. S. 97, 104, 97 S.Ct. 285 (1976). Under this standard, the plaintiff must prove both an objective and a subjective component. Hudson v. McMillan, 503 U.S 1 (1992); McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir. 1992).

It is rare; however, negligence is sometimes sufficient to meet the standard. A pattern of “repeated examples of negligent acts” by prison officials may constitute deliberate indifference. Ramos v. Lamm, 639 F.2d 559 (10th Cir. 1980).

Finally, the law is frequently changed ad reinterpreted by the courts. You should re-read and research all the statutes and cases for accuracy and updates before attempting to apply them.

States claims are sometimes pursued under the state tort claims statue or sometimes completely barred by the Eleventh Amendment to the United States Constitution. The Eleventh Amendment to the United States constitution provides as follows: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” There is a filling fee for filling a state claim, against the State of California. See Form VCGCB- GC- 002 (Rev. 8/04).

It is also possible to sue an individual who is employed by a state; however if you are relying on Title 42 U.S.C  § 1983 , you will have to allege the individual  was working in his individual capacity while he or she violated your United States Constitutional rights.

This book does not emphasize strategies for suing individuals or states. If you are planning to sue a state or the federal government, it is best you consult another treatise.

Filling lawsuits against the police can be confusing because of over lapping state and federal laws.  For certain state law claims you must first lodge a claim pursuant to the Gov’t Code. That is not required for federal claims.

If you would like to purchase this book that includes forms and examples, please contact Wayne Johnson, at  The book price is affordable.  It is only $14.95, plus shipping and handling.

MURDER ON THE YARD by Dr. Steven Nur Ahmed

Four police officers were murdered and one wounded in Oakland in 2009 in broad daylight; a three year old child was gunned down in August 2011; a father was beaten to death in front of his son in broad daylight; in 2007, journalist Chauncey Bailey was murdered in broad daylight; more children were shot in 2012; and the number of shootings and homicide continue to rise in the city of Oakland, 131 for the year 2012.  As of December 2012, the murder rate constituted a 42% percent increase over 2010.  And over 37 years has an average of 109 murders per year.
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In Oakland, the vast majority of homicide victims and perpetrators are African American. Citizens wonder: why?  The answer is not so obvious; but there is an answer. There is a reason. It is not primarily because of guns.  It is because a slow cultural transplantation has taken place in the city of Oakland, California and in other urban areas throughout the nation where African Americans live. One culture has been taken from prison and transplanted onto cities such as Oakland while it is displacing traditional culture in the communities at large.

The African American culture is not the same culture today that emerged from the post civil war slave plantation culture. That culture was driven by freed men and women who envisioned hope in their future.  Rather, this other culture is a culture of parolees who are never set free from their bondage to punishment and who thus never have their hope in a future rekindled.

Their culture is a prison yard culture. It is that prison yard culture they participate in; it is not a vital culture.  Parolees live devitalized and dependent lives because they are prescribed the role of social burden and they know it.  They feel it every day and night.  It is painful to them.

The prison yard culture is a transplanted culture having many collateral effects on many individuals in many communities because of an increasing incarceration rate over the past thirty-seven years.  There are many examples. Oakland, California, is one where for more than 37 years layer upon layer and generation after generation of parolees have been compelled to live impoverished lives concentrated in small pockets of the city without the full enjoyment of the bill of rights.

That thesis is predicated on the fact that the state parolee population of Alameda County was approximately 3,462 on any given day in 2005 add to that the number of Federal, state Youth Authority parolees, and Alameda County jail probationers over the same period of time and we multiply that number by thirty five (years) we arrive at an approximate figure of 121,170. There are approximately 400,000 people who live in Oakland.  In 2005 there were 1,508 on parole.  Do the math.

What we are dealing with is the likelihood that about twenty percent of Oakland’s population has been incarcerated or in jail at some time over the past thirty-five years. In some areas of the city that percent is even higher.  We are also faced with the horrific fact that over 30 percent of the Oakland population has suffered a murdered relative or friend.  Such deep and pervasive sorrow sours the very core of interpersonal relations in the city.  Oakland is made up of thousands of depressed individuals.  For that reason a pall hangs over the city as thick as smog as hundreds of processions carrying the dead flow through its streets every year and there is no indication that it will subside within any reasonable time.

All institutions are feeling the stress of the prison yard culture; poor families cannot carry the burden it puts upon them. Even Congress has been tinkering with a ‘Second Chance Act’ because the widespread discrimination of ex-felons is shoring up the prison yard culture and causing it to burst all social levees such as prisons, jails, parole, and probation departments.  AB 109 signed into law on April 5th 2011 will increase the rate of cultural disintegration in Oakland because the county jail ‘levees’ will not hold for long because over 90% of the persons incarcerated return to society, eventually.

It is causing a facial change in the communities, too, as more armed guards make constitutionally free communities take on the visage of controlled environments like prison. Citizens are more likely than ever before to look up and see armed guards in traditionally safe zones like schools, hospitals, supermarkets, and restaurants.  They too are beginning to feel the paradox of their ‘guarded liberty’. They are beginning to feel occupied.  They are beginning to apply the concept of a ‘dead zone’ to their neighborhoods.

Moreover, such environments incubate the prison yard culture mind-set because it is that environment which submerges their constitutional freedoms to the demands of police necessity.  It has turned police officers into jailers; it has turned their oath of service and protection to community into a visceral obsessive compulsion to control everyone. Their fear of wrongdoers is now greater than the fear wrongdoers have of them. We should not be surprised; such is the guard-convict syndrome. It too has become a characteristic of the transplanted culture. It now is a permanent characteristic of those who live in neighborhoods throughout Oakland.

The police, surrounded by a community of mistrusted parolees, cease to trust ‘the public’ because that public is often predominantly the offspring of the prison yard cultural mindset.  So, they cease to serve the ‘public’ because they do not recognize it as a community of freedmen and women. That community has become indistinguishable from the mass of marginalized parolees.   The police community then becomes an island unto itself as socially marginalized as the parolees and equally mistrusted and dangerous to the citizens they serve.  For example, on August 13, 2011, a homeless man raised a stick in the presence of an Oakland police officer.  That man was shot dead.  It’s happening everywhere; sometimes phrased as ‘stand your ground’; ‘he was wearing a hood’; ‘he was sagging’. All are but a pretext to murder; a justification, usually to murder African American youth who are presumed to be of the more than 25% who have been incarcerated.

Here is exactly where the prison yard culture thrives because it feeds on repressive environments where freedom is sacrificed in the name of punishment.  It is a culture not of disclosure but of criminal conspiracy and solicitation.  It is an environment in which the yard is divided into antagonistic forces. Each submerged in their conspiracies to denigrate the other.  This avalanche cannot be stopped soon.

The tipping point was reached years ago.  As a consequence, traditional cultures such as that in the African American community, already supported by weak infrastructures such as the family most of which have been ripped to shreds, are being displaced by values which originate in the prison yard culture.  The African American culture is no longer a traditional culture.  It is a cultural hybrid of contradictory and contrary value tendencies. It is gangster rap and church choir with a macabre blend of lyrics and rhythm set to high pitch sirens of police cars and ambulances.  Old Icons have fallen.  They do not resonate with youth.

African American culture is no longer traditional because traditional icons no longer inspire hope and because it can no longer effectively regenerate its values through its offspring.  It cannot pass on a vision of the future-its future, because it does not claim a vision of itself.  It cannot see itself in the future.

The prison yard culture is more efficient and effective in transmitting its values to successive generations because its icons are simple and tied to the visceral impulse of its children.  Guns, the snitch principle, baptism in prison as its rite of passage to its form of manhood, and its public vision through mass media give to it a commanding voice. ‘Sagging’ is in, everywhere. The children sign up on visiting day at the prison; they adapt to it. They have a passion for the lifestyle it engenders.

So another culture has taken root. It is denied to the peril of every citizen. It is the product of irrational social forces which have raged in the African American community for over forty years.  In its wake, families, schools, churches, and governments have been laid economically and morally wasted.

Its seed, found in the dark hollows of prison, have found a fertile place to germinate and to grow undisturbed for two generations in historically dysfunctional prison cultures.

The same prison yard culture spreads its germinated seeds far and wide to every city. It has given rise to anti-culture. But what is anti-culture?  It is nihilism.  That means ‘the end’ because it is the negation of all that traditional culture has stood for and now feebly stands for as it is locked in the corner of the ring being beaten to death.  It is not social change but the negation of any social change at all because it allows for no vital social functioning.

It is the inversion of traditional culture.  It is ‘not being culture’ which consist of anti-values, that is, to be neither moral nor immoral but rather ‘not to value’ at all.  It is ‘not to work’ as the value to be exchanged for value; that is to take from others and give nothing in return.  It is ‘not respect for life’ but to drive the devaluation of life to utter nothingness. It is death.

The prison yard culture has its ritual.  Its ritual of human devaluation is murder.  Only the act of murder accomplishes the nothingness at the heart of its own being; its being is passé. That is because nothingness is the mirror image of the dead soul without the possibility for life.

Their dead souls have neither hope in the King dream nor in the democratic vision. They do not foresee a prosperous economic future for themselves either; it is the utter suspension of all anticipation and imaginative free-flow.  It is ‘not being’; it is nothingness which drives them.  This is what an increasing number of socially disabled parolees feel every officially damned day and night. Their epitaph is: ‘I don’t give a fuck’.  And if you ever meet one enraged you had better believe it because they mean just that.  That is why the city is dysfunctional.

Intelligent people in government especially the demographic statisticians could foresee the prospect of our current predicament forty years ago.  They could see it in the numbers as clearly as we can see the glaciers on Greenland melting in real time. Yet, it happened. It happened because those politicians and corporate interests sought short term political and monetary gain rather than heed the long term warnings of social disaster. Now, it is a disaster.

Psychologists have long ago established that there is a correlation between frustration and aggression.  So, we should not be surprised at the thirty year consistency of the murder rate in Oakland and other major cities.  If public policy aims to protect the public health, safety, welfare, and morals, then those in charge of public policy formulation and implementation have been and are at least incompetent in their positions and at most complicit in the furtherance of the prison yard culture and thus acts of murder.  In either case they should be recalled from office and they should be recalled from office by the public right now.


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