On Tuesday, a federal judge gave the final approval for a legal agreement mandating independent oversight and enhanced transparency for the Bureau of Prisons. This move follows significant staff-led sexual misconduct at a now-closed federal women’s prison in California.
In Oakland, U.S. District Judge Yvonne Gonzalez Rogers sanctioned the agreement after dismissing a last-minute effort by the previous administration to change protections affecting transgender and non-citizen inmates. The settlement involves the appointment of a court monitor to oversee approximately 500 former inmates of the Federal Correctional Institution in Dublin, California, now relocated to other federal facilities across the country.
The agreement also outlines measures for early release and home confinement while requiring that the Bureau of Prisons publicly acknowledges the staff’s sexual misconduct at Dublin. Some women who reported abuse at Dublin have allegedly faced similar incidents at other federal prisons.
Kendra Drysdale, a former inmate at Dublin, expressed the importance of the consent decree, stating that without its provisions and oversight, class members would lack safety and protection.
Located about 21 miles east of Oakland, FCI Dublin was emptied of inmates last April and declared permanently closed last December. Currently, there are considerations to repurpose it as an immigration detention facility.
The judge denied a request from the Bureau of Prisons to re-negotiate the settlement, which has been set since December, to exclude provisions concerning transgender and non-citizen inmates. This request was argued to conflict with the new administration’s policies. Gonzalez Rogers affirmed that covered inmates must retain gender-affirming clothing and accommodations and should not be denied early release because of immigration status.
During a Zoom hearing, attended by former FCI Dublin inmates, Gonzalez Rogers stated, “you don’t get two bites at the apple,” emphasizing the finality of the negotiated and signed agreement.
Set to take effect on March 31, the consent decree will be applicable for a minimum of two years. Gonzalez Rogers acknowledged the delay to enable the Bureau of Prisons to address several staffing vacancies, including replacing an administrator who recently retired after liaising with the monitor, Wendy Still. The judge noted that a preliminary injunction providing inmate protections is in effect until March.
An investigation uncovered a long-standing culture of abuse and cover-ups at FCI Dublin, a facility infamously dubbed the “rape club”. Since 2021, eight employees have faced charges of sexual misconduct, with eight entering guilty pleas and two convicted at trial, including Ray Garcia, the former warden. Another trial is scheduled soon.
Lawyers for former Dublin inmates and the Bureau of Prisons submitted a proposed consent decree in December, concluding negotiations under the Biden administration aimed at altering how the agency handles claims of abuse. Separately, an agreement to settle lawsuits launched by over 100 women alleged mistreatment by FCI Dublin’s staff was reached for nearly $116 million, averaging about $1.1 million per claimant.
As per the proposed understanding, plaintiffs will maintain ongoing confidential access to a court-appointed monitor, legal representation, and community counselors for reporting abuse or breaches of the consent decree. The monitor is tasked with access to all parties and records, producing monthly public reports on various issues like staff misconduct, retaliation, healthcare, and early release compliance.
The proposed settlement ensures protections against retaliation, banning the prison authorities from subjecting plaintiffs to solitary confinement for minor offenses. The Bureau of Prisons must also re-evaluate and erase invalid disciplinary reports filed by FCI Dublin staff, which could have previously obstructed early release or halfway house placement for inmates.
Furthermore, the agreement mandates the release of eligible plaintiffs to halfway houses or home confinement promptly and restores early release credits potentially lost during transfers from FCI Dublin.
