FCI Dublin abuse survivors consent decree

Formerly Incarcerated Women At FCI Dublin Secure Landmark Consent Decree Settlement

Photo credit: By Jesstess87 – Own work, CC BY-SA 4.0, in Wikipedia.

A groundbreaking prison reform settlement has been reached for inmates formerly held at the Federal Correctional Institution (FCI) in Dublin, a San Francisco Bay Area women’s prison notorious for rampant sexual abuse and corruption that earned the dubious moniker “the Rape Club.” The settlement promises increased oversight and protections for nearly 500 inmates who were transferred to federal prisons across the country after the facility’s closure, the Los Angeles Times’ Clara Harter reported.

In August 2023, eight women incarcerated at FCI Dublin filed a class-action lawsuit against the Federal Bureau of Prisons (BOP). They alleged widespread sexual abuse, medical neglect, and retaliation by prison staff. The lawsuit sought justice not only for the plaintiffs but also for all individuals who suffered at the hands of the institution.

As part of the settlement, the BOP has agreed to a consent decree that extends protections to the nearly 500 class members still incarcerated in more than a dozen federal prisons. The decree mandates stringent monitoring of staff behavior, improvements in medical care, fair application of early release credits, and timely transitions to halfway houses. Court oversight of these changes is set to continue for at least two years, pending judicial approval.

Instead of financial compensation, the agreement focuses on systemic reforms and protections for incarcerated individuals. In addition to improved oversight of prison staff behavior, the consent decree will prevent retaliatory tactics and offer confidential reporting systems for abuse. These changes are designed to address the systemic failures that led to the abuse and ensure better conditions for current and future inmates.

Unprecedented Accountability

“This settlement is historic,” said Amaris Montes, an attorney representing the class members. “It is the first time in BOP history that monitoring will be enforced by consent decree across over a dozen federal women’s prisons nationwide. This reflects the lived reality of the class members in this lawsuit: The problems at FCI Dublin were not unique to that facility, and the BOP has failed people in its custody across the country.”

Under the agreement, solitary confinement for minor disciplinary infractions will be prohibited, and inmates will receive timely disciplinary hearings to prevent retaliation by staff. Confidential systems for reporting abuse and violations of the decree will also be established.

Additionally, the BOP will reinstate early release credits for FCI Dublin transfers and expunge unjust disciplinary records issued by Dublin staff. This will help class members regain opportunities for early release.

A Formal Apology and Accountability

Colette Peters, the Bureau of Prisons director, will issue a formal apology to survivors of the abuse at FCI Dublin. The facility became a symbol of systemic failure after more than half a dozen correctional officers, including its former warden, faced charges or convictions for sexually abusing inmates.

In 2022, James Theodore Highhouse, a former prison chaplain, was sentenced to seven years for sexually assaulting a female inmate and engaging in predatory behavior with at least six women from 2014 to 2019. Former Warden Ray J. Garcia received a 70-month prison sentence last year for sexually abusing inmates and lying to the FBI to conceal his actions.

Earlier this year, a federal judge granted an injunction after finding that inmates at FCI Dublin faced ongoing risks of abuse. The court also appointed a special master to oversee the prison, marking the first time an outside monitor had been assigned to a federal correctional facility.

Permanent Closure of FCI Dublin

Following the injunction, Peters announced the closure of FCI Dublin, initially suggesting it might be temporary. However, last Thursday, she confirmed the closure would be permanent, citing inadequate staffing and exorbitant repair costs for the facility’s aging infrastructure.

The decision comes months after a report from special master Wendy Still, a former Alameda County Chief Probation Officer, condemned the conditions at FCI Dublin. Still described the situation as “unconscionable” and indicative of broader systemic problems within federal women’s prisons.

“It is unconscionable that any correctional agency could allow incarcerated individuals under their control and responsibility to be subject to the conditions that existed at FCI Dublin for such an extended period of time without correction,” Still wrote.

A Victory for Survivors

Griselda Muniz, a plaintiff in the lawsuit, celebrated the settlement as a hard-won victory. “People currently and formerly incarcerated at Dublin have fought long and hard for this victory,” she said. “Now BOP must follow the agreement for the people still in custody. Ultimately, we are praying for their return home, as they deserve to heal from these traumatic events with their loved ones.”

The settlement represents months of negotiations among the BOP, current and former inmates, advocates, and attorneys. While attorneys for the class members view the consent decree as a step forward, they stress the need for vigilant enforcement.

“Without rigorous monitoring and enforcement, this agreement is only words on paper,” attorney Kara Janssen said. “Class Counsel will be closely watching BOP, going to the institutions, meeting with our class members, and will hold BOP accountable to ensure these changes reach our class members.”


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