We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
FEDERAL COURT SEIZES CONTROL OF FEDERAL PRISON
Last week, I reported on the FBI raid on the federal women’s prison at FCI Dublin (California). The week started with over a dozen Federales kicking down Dublin’s door. It didn’t end any better.
On Friday, US District Court Judge Yvonne Gonzalez Rogers ended the BOP’s week with another low. She held:
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.
She did exactly that, announcing that she will appoint a special master, who will oversee
• a comprehensive audit conducted by an outside agency of all FCI Dublin policies concerning staff sexual abuse, reporting, and retaliation;
• implementation of policies recommended by the outside auditor and California Coalition for Women Prisoners;
• ensure FCI Dublin’s submission to quarterly site visits and public reports on sexual abuse, retaliation, grievances against facility staff, and use of internal punitive measures;
• end the use of solitary confinement or punitive segregation until it is determined that such confinement will not be used to retaliate against inmates;
• development of a process for the return of non-contraband items seized from individuals’ cells during searches; and
• implementation of policies to provide “high-quality offsite medical and mental healthcare” for inmate members of the class, among other matters.
Judge Gonzalez Rogers’ order also certified a class-action lawsuit filed by Dublin prisoners. The special master will be the first in the Bureau of Prisons history.
During Monday’s KQED Forum episode on the raid, a woman incarcerated at the prison called into the program, saying the judge’s decision to appoint a special master is “a godsend.”
Attorneys for the government and the plaintiffs have until Monday to each submit a list of five potential candidates. Two days later, attorneys will have the opportunity to strike three names from the other side’s list. Judge Gonzalez Rogers will select the special master from the list of remaining names. The judge wrote that she plans to issue further orders “narrowly tailored to address ongoing retaliation” at the facility.
Order, California Coalition for Women Prisoners v United States, Case No 4:23cv4155 (N.D.Cal., March 15, 2024)
AP, Judge will appoint special master to oversee California federal women’s prison after rampant abuse (March 16, 2024)
KQED, What Happened at the Dublin Federal Women’s Prison Last Week and What to Expect Next (March 19, 2024)
– Thomas L. Root