A legal settlement has been finalized that demands the Federal Bureau of Prisons undergo independent monitoring and enhance its transparency following widespread staff-on-inmate sexual abuse at a federal women’s prison in California, which is now closed.
U.S. District Judge Yvonne Gonzalez Rogers in Oakland confirmed the settlement and dismissed a request from the Trump administration to amend protections for transgender and non-citizen inmates.
As per the agreement, a court-appointed monitor will oversee the treatment of approximately 500 former inmates from the Federal Correctional Institution in Dublin, California, who are currently placed in various federal prisons nationwide.
The settlement provides avenues for early release and home confinement and mandates the Bureau of Prisons to publicly acknowledge victims of staff sexual abuse at the former institution. Some women have reported similar abuse in other federal prisons after leaving Dublin.
Former inmate Kendra Drysdale expressed concern that the absence of the consent decree and its oversight would mean a lack of safety or protection for affected individuals.
FCI Dublin, located 21 miles east of Oakland, was cleared out by the Bureau of Prisons and permanently closed last December. There is now consideration to convert the facility into an immigration detention center.
The judge turned down the Bureau of Prisons’ plea to modify the agreement by removing portions related to transgender and non-citizen inmates, which had been deliberated since December.
A government attorney argued these provisions conflicted with the priorities of the new administration.
Under the settlement, the Bureau of Prisons must permit inmates to keep gender-affirming clothing and accommodations without denying early release based solely on immigration status or a detainer.
Judge Gonzalez Rogers emphasized the importance of commitments in settlements, stating, “You don’t get two bites at the apple.”
The agreement will be in effect for a minimum of two years, commencing March 31. Judge Gonzalez Rogers allowed a delay to allow the Bureau of Prisons to fill several key positions, including the replacement of a retired administrator who coordinated with the monitor, Wendy Still.
A preliminary injunction remains effective till March, providing some protections for female inmates.
An investigation uncovered a long-standing culture of abuse and cover-ups at FCI Dublin, notorious as a “rape club.”
Since 2021, eight employees have faced charges for sexually abusing inmates, with five guilty pleas and two convictions, including the former warden Ray Garcia. Another trial is expected next month.
After extensive negotiations, lawyers for former inmates and the Bureau of Prisons submitted a proposed decree to address the treatment of women and abuse allegations, concluding during the Biden administration.
Concurrently, the government consented to pay nearly $116 million to resolve lawsuits from over 100 women who claimed abuse at FCI Dublin. Each woman is set to receive about $1.1 million on average.
Under the agreement, plaintiffs can confidentially access the court-appointed monitor, lawyers, and counselors to report abuse and any violations of the decree.
The monitor is entitled to interact with women, staff, and examine records, providing monthly public reports on staff abuse, retaliation, medical care, and compliance with early release regulations.
Protections are also included against retaliation, with a prohibition on placing incarcerated plaintiffs in solitary confinement-like conditions for minor rule infractions.
The Bureau of Prisons is tasked with reviewing and expunging improper disciplinary reports by FCI Dublin staff that might have been used to silence or retaliate against inmates.
These reports, if maintained, could restrict inmates’ access to early release or placement in halfway houses.
The agreement also requires the agency to expedite the transfer of eligible plaintiffs to halfway houses and home confinement and to restore early release credits lost during their transfer from FCI Dublin.
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