Making Them Pay – Update for December 19, 2024

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

BOP TO PAY 115 MEGABUCKS TO 103 FCI DUBLIN VICTIMS

Misny241218The Federal Bureau of Prisons continues to try to bring the horrific saga of the FCI Dublin “Rape Club” to an end by agreeing to settle dozens of lawsuits brought by women prisoners who were victimized by sexual abuse – including rape – by BOP staff at the now-permanently closed women’s prison.

The settlement, announced Tuesday, will apportion $115 million among 103 victims, paying an average of $1.1 million to each victim. Along with a proposed consent decree in a separate class action addressing the abuse and retaliation against those who spoke up about it, announced December 6, the settlement will close most (but not all) of the pending FCI Dublin litigation (lawsuits which up to now have been vigorously defended by a government unwilling to shoulder responsibility for the culture at the former women’s facility)

“I hope this settlement will help survivors, like me, as they begin to heal – but money will not repair the harm that BOP did to us, or free survivors who continue to suffer in prison, or bring back survivors who were deported and separated from their families,” former prisoner Aimee Chavira said in a statement released by her attorneys. “And money will not stop prison officials from continuing to abuse incarcerated people. I am speaking out to demand justice for all survivors of prison abuse, and to show other survivors that we can stand up against this culture of abuse together. Our government can and must take real action to make sure that no one else suffers like we did at FCI Dublin.”

The BOP, after years of fighting prisoner claims of sexual abuse and retaliation at the Dublin prison – located 25 miles southeast of San Francisco Bay – said Tuesday that it

strongly condemns all forms of sexually abusive behavior and takes its duty seriously to protect the individuals in our custody as well as maintain the safety of our employees and community… The FBOP is dedicated to appropriately addressing the consequences of sexually abusive behavior at FCI Dublin [and] remains committed to rooting out criminal behavior and holding accountable those who violate their oath of office.

Uh-huh.  Message: The BOP cares about its Adults In Custody. See here and here if you don’t believe me. Or just ask “Dirty Dick.”

femalesexprisoner241219Since 2021, at least eight FCI Dublin employees have been charged with sexually abusing inmates. Five pleaded guilty. Two were convicted at trial. Another case is pending. Virtually all FCI Dublin inmates were transferred to other institutions in an unannounced “fire drill” movement last April that generated multiple reports of retaliation and cruelty by BOP employees. Some former FCI Dublin inmates report that they have been the victims of similar misconduct at other institutions, according to the Associated Press.

The Dublin scandal was among the catalysts for passage of the Federal Prison Oversight Act last July, which establishes an independent ombudsman to field and investigate complaints by prisoners, their families, and staff about misconduct and deficiencies. It also requires that the Dept of Justice inspector general conduct regular inspections of all 122 federal prison facilities, issue recommendations to address deficiencies and assign each facility a risk score. Higher-risk facilities would receive more frequent inspections.

Associated Press, US to pay nearly $116M to settle lawsuits over rampant sexual abuse at California women’s prison (December 17, 2024)

Rosen Bien Galvan & Grunfeld, Over 100 Survivors of Staff Sexual Violence at FCI Dublin Reach Historic $115M Settlement With Bureau of Prisons (December 18, 2024)

Federal Prison Oversight Act, Pub.L. 118-71 (July 25, 2024)

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– Thomas L. Root

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