After months of avoided complaints to Coalinga State Hospital ("CSH") administrators, patients began a peaceful non-participation sit-down strike on Monday morning, August 6, 2007. This recent strike is the second such strike since CSH opened its doors in 2005. The first strike occurred in April of 2006, and at least one of the promises made by the administration to settle that strike has not been fulfilled. That of improving patient telephone access. With the exception of a few living conditions issues, the majority of the present strike issues relate to the CSH administration not following constitutional and statutory laws, rules, regulations, and state practices and procedures. The striking patients are now demanding that the CSH administration and staff begin following state and federal laws. None of the top CSH administrators are permanently appointed to the positions they hold. They only hold those positions in an "Acting" capacity. Thus, none of the on site administrators have or are willing to exercise any administrative authority to correct the problems presented by the striking patients. Additionally, the some of the top "Acting" administrators are defendants in a class action lawsuit, Hydrick et al. v. Davis, et al., USDC Case Number CV 98-7167 TJH (RNBx). This lawsuit was originally filed by patients housed at Atascadero State Hospital ("ASH"), but who are now housed at CSH. The State has lost this lawsuit at every stage of the proceedings. The latest loss for the State being at the United States Court of Appeals for the Ninth Circuit. That decision is published in the Federal Reporter at 449 F.3d 978. In spite of their losses, the State continues to stall resolution through what the state does best - filing endless appeals rather than attempting to fix the underlying problems. Patients have claimed the named defendants in the Hydrick lawsuit should not be allowed to make policy at CSH, and should be recused from policy making decisions. Following months of meetings with these administrators, the patients now believe an arbiter is the only possible method for resolution. The present CSH administrators have avoided or been unwilling or unable to fix the problems, have been obdurate, shameful, and mendacious in their dealings with the patients, and have thus lost the trust of the patients. Because of these problems, the striking patients are requesting the state provide an outside arbiter to mediate their demands. The striking patients' main issues concern: Clinical
Assessments and Treatment which are required by state law, and also by
a consent agreement the Department of Mental Health ("DMH") entered into
with the United States Justice Department, are not being properly done,
if at all. Medical care at CSH is dismal and life-threatening. Other issues
include: visiting issues; personal property issues; inadequate numbers
of patient telephones; an inability to receive books, magazines and periodicals
directly from publishers and bookstores, hospital police overriding medical
orders; CSH is the only institution in the State that does not have an
outside main yard; and more. The list goes on.
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