On Tuesday, a judge approved a comprehensive legal settlement aimed at enhancing oversight and transparency within the federal Bureau of Prisons, following widespread allegations of staff sexual abuse at a women’s prison in California that has since been closed.
The settlement received the green light from U.S. District Judge Yvonne Gonzalez Rogers in Oakland. She dismissed a late attempt by the previous administration to modify key protections, particularly those related to transgender and non-citizen inmates.
Central to the agreement is the appointment of an independent monitor tasked with overseeing the conditions affecting approximately 500 former inmates from the Federal Correctional Institution in Dublin, California. These individuals are now dispersed across more than twelve other federal prisons nationwide.
The decree also paves the way for potential early releases and home confinements. Additionally, it mandates that the Bureau of Prisons publicly acknowledges the abuse suffered by inmates at FCI Dublin. Several women have reported ongoing mistreatment at different federal facilities.
“Without this decree and its oversight, our class members remain unprotected,” remarked Kendra Drysdale, a former inmate at Dublin.
Situated 21 miles (34 kilometers) east of Oakland, FCI Dublin has been vacant since the last prisoners left last April; it was officially closed in December. There’s speculation about its future use, possibly as an immigration detention facility.
Judge Gonzalez Rogers refused the Bureau’s plea to renegotiate the terms of the agreement, a request lingering since December, which aimed to exclude provisions for transgender and non-citizen inmates. Lawyer Madison Mattioli contended these provisions clashed with the new administration’s goals.
According to the settlement, the Bureau must allow prisoners to keep gender-affirming clothing and ensure that their release is not hindered by immigration status or a detainer.
“You don’t get two bites at the apple,” Gonzalez Rogers asserted during a Zoom hearing with former inmates present. “Once negotiated and written, an agreement stands firm.”
Set to commence on March 31, the consent decree will extend for at least two years. Judge Gonzalez Rogers permitted a delay to allow the Bureau to address staffing gaps, including replacing a recently retired liaison to the monitor, Wendy Still. A preliminary injunction offering some protection to women inmates will remain in effect till March.
An investigation uncovered a longstanding culture of abuse and concealment at FCI Dublin, earning it the grim moniker of the “rape club.” Since 2021, at least eight employees have faced charges related to sexual abuse of inmates. Five have pleaded guilty, two others were found guilty in court, including former warden Ray Garcia, and another case is heading for trial next month.
The agreement was finalized in December, near the end of the last administration, after lengthy negotiations aiming to amend the Bureau’s treatment of women and its handling of abuse allegations.
In addition, the government agreed to a $116 million settlement in December. This amount addresses lawsuits from over 100 women reporting abuse or mistreatment by FCI Dublin employees, with each woman receiving approximately $1.1 million.
The settlement ensures plaintiffs maintain confidential access to a monitor, legal advisors, and counselors for reporting any abuse or violations of the decree.
The monitor will have broad access to staff, inmates, and records, issuing public monthly reports on key findings around employee abuse, retaliation, healthcare, and compliance with early release policies.
The agreement also incorporates protections against retaliation, prohibiting the use of solitary-like detention for minor infractions. The Bureau must also reassess and clear disciplinary records possibly fabricated to intimidate or silence inmates, as these could affect early releases or placement in transitional housing.
Furthermore, the Bureau is required to expedite the release of eligible inmates to transitional settings and restore early release credits lost in transfers from FCI Dublin.
