Federal judge, finding “intentional disregard” of constitutional rights at FCI-Dublin, orders appointment of special master

As detailed in this AP article, a “special master will be appointed to oversee a troubled federal women’s prison in California known for rampant sexual abuse against inmates, a judge ordered Friday, marking the first time the federal Bureau of Prisons has been subject to such oversight.”  Here is more:

A 2021 Associated Press investigation that found a culture of abuse and cover-ups at the Federal Correctional Institution in Dublin brought increased scrutiny from Congress and the Bureau of Prisons. The low-security prison and its adjacent minimum-security satellite camp, located about 21 miles (34 kilometers) east of Oakland, have more than 600 inmates.

U.S. District Judge Yvonne Gonzalez Rogers called the prison “a dysfunctional mess” in her order. She did not name someone to be the special master but wrote that the court would appoint one quickly…. The order is part of a federal lawsuit filed in August by eight inmates and the advocacy group California Coalition for Women Prisoners. They allege that sexual abuse and exploitation has not stopped despite the prosecution of the former warden and several former officers….

Since 2021, at least eight FCI Dublin employees have been charged with sexually abusing inmates. Five have pleaded guilty. Two were convicted at trial. Another case is pending. Roughly 50 civil rights lawsuits against FCI Dublin employees are also ongoing…. Rogers wrote that “in making this extraordinary decision, the Court grounds itself in BOP’s repeated failure to ensure that the extraordinary history of this facility is never repeated.”

All sexual activity between a prison worker and an inmate is illegal. Correctional employees enjoy substantial power over inmates, controlling every aspect of their lives from mealtime to lights out, and there is no scenario in which an inmate can give consent.

Rogers made an unannounced visit to the prison Feb. 14, touring the facility and its satellite camp for nine hours. She spoke with at least 100 inmates, as well as staff. Many of the inmates told her that they did not fear sexual misconduct and said “no” when asked if it was still prevalent at the prison, Rogers wrote. Still, the plaintiffs in the August lawsuit have “presented incidents of sexual misconduct that occurred as recently as November of 2023.”

Judge Rogers 45-page order explaining her rulings on various orders in the case is available at this link. Here is how it starts:

The Federal Correctional Institute (“FCI”) Dublin is a dysfunctional mess.  The situation can no longer be tolerated. The facility is in dire need of immediate change. Given the record presented and the Court’s personal observations, further magnified by recent events, the Court finds the Bureau of Prison (“BOP”) has proceeded sluggishly with intentional disregard of the inmates’ constitutional rights despite being fully apprised of the situation for years.  The repeated installation of BOP leadership who fail to grasp and address the situation strains credulity. The Court is compelled to intercede.

For the reasons set forth below, the Court GRANTS plaintiffs’ motion for class certification and GRANTS IN PART AND DENIES IN PART the motion for preliminary injunction.  The Court issues these, and other anticipated Orders so that the constitutional rights of those imprisoned at the prison are no longer at significant risk.  The Court shall appoint a special master forthwith.  The Court will issue further Orders narrowly tailored to address the ongoing retaliation which has resulted from the convictions and sentencings of five prison officials, including the previous warden, for criminal sexual abuse and sexual contact.  The special master shall assist the Court to ensure compliance with these orders.