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‘ONE BITE OF THE APPLE,’ FCI DUBLIN JUDGE TELLS BOP
A federal judge last week approved a settlement between the Federal Bureau of Prisons and about 500 female prisoners formerly housed at the now-closed FCI Dublin, slapping down an 11th-hour try by the Bureau to renegotiate the deal to align with Trump Administration “priorities.”
The San Jose Mercury News reported that U.S. District Judge Yvonne Gonzalez Rogers approved a consent decree that will for two years force the BOP to institute widespread reforms for members of the class-action lawsuit, who are now held in other facilities across the country.
The decree, to be overseen by a court-appointed monitor, includes pathways to early release and home confinement and requires the BOP to “issue a formal, public acknowledgement to victims of staff sexual abuse at FCI Dublin.”
The “acknowledgement” came on February 26th. William Lothrop, the very temporary Acting BOP Director, issued a document called an “Update” that read more like a self-pat on the back than a mea culpa. After bragging about his own “33 years of dedicated service with the FBOP” and his having “worked tirelessly with our correctional professionals to rehabilitate and prepare all inmates for successful reentry into our communities,” Lothrop blamed the Dublin Rape Club on “the actions of a few employees” that had “made it abundantly clear that significant changes were needed to ensure our agency achieved its mission.”
He finally got around to the acknowledgement:
On behalf of the FBOP, I want to acknowledge those women who were verified victims of sexual abuse while they were designated at FCI Dublin. We are thankful for the tireless efforts of the United States Attorney’s Office, the Federal Bureau of Investigation, and the Office of the Inspector General for the seven criminal prosecutions and convictions bringing those perpetrators to justice, with an eighth trial scheduled in a few weeks. We can agree that there is absolutely no place for sexual abuse in this agency, and therefore, our agency maintains and reaffirms its zero-tolerance policy for employee sexual misconduct and retaliation.
I have full faith that the FBOP and our team of dedicated correctional professionals will continue to meet the demands of this moment.
That’s it. No “we’re sorry that sexual criminals were rewarded with leadership positions in a women’s prison?” No “we’re sorry the warden himself was a pervert?” No “we’re sorry that BOP policy was to automatically disbelieve any report made by an inmate victim unless corroborated?” No “we’re sorry we treated you all like subhumans when we packed you on buses with an hour’s notice and called you disgusting names?”
No. Just that “we acknowledge” the “verified victims.” And how many of the victims were unverified? How many other women were not sexually abused but lived in endless fear because they knew that they were in hell. (Think that’s hyperbole? Remember this story).
Everyone involved in this horrific dark chapter in BOP history – especially “dedicated correctional professionals” with 33 years of dedicated service with the FBOP” – should be ashamed for what these women suffered at the hands of sexual brutes and for all of the BOP staff who chose to look the other way.
Fortunately, the consent decree does more than to merely coax a non-apology from the BOP. Among other things, it prohibits the BOP from denying gender-affirming clothing and accommodations to transgender class members or denying halfway house solely due to immigration status or a detainer. These provisions caused a last-minute delay as the BOP asked the court for more time to “renegotiate” them because they are “inconsistent with the new administration’s priorities.”
“You don’t get two bites at the apple,” the Judge told the BOP’s lawyer. “There is always an opportunity to want more after a negotiated settlement. And that’s why we get it in writing, and that’s why we get it signed, so that you cannot go back.”
The consent decree takes effect March 31, a delay intended to allow the BOP time to train staff on its implementation.
San Jose Mercury News, Judge grants landmark protections for inmates of East Bay’s ‘rape club’ prison (February 25, 2025)
Associated Press, Judge OKs prison abuse settlement, rejecting Trump administration’s push to rewrite protections (February 25, 2025)
BOP, Update Regarding Former FCI Dublin Inmates (February 26, 2025)
– Thomas L. Root