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BOP ROLLS OVER IN DUBLIN SUIT
Sir Elton was right: “Sorry” has been such a hard word to get out that the Federal Bureau of Prisons has fought hammer and tong for over 16 months to avoid having to accept responsibility for the horrendous mess that preceded the closing of FCI Dublin.
The BOP has finally agreed to a settlement in the FCI Dublin class action sexual abuse injunctive action lawsuit that will require the agency to open its doors to a court-appointed monitor and publicly acknowledge the systemic and rampant abuse of women at the permanently closed prison.
The BOP and plaintiffs filed a proposed consent decree that mandates increased transparency and key protections for victims, including eased routes for compassionate release and home confinement. BOP Director Colette S. Peters “will issue a formal, public acknowledgment to victims of staff sexual abuse at FCI Dublin” as part of the settlement.
Our apologies, rape victims. It’s just that we didn’t believe you because you were prisoners.
The BOP is getting a major concession in the consent decree, however. Originally, the class included “[a]ll people who are now, or will be in the future, incarcerated at FCI Dublin and subject to FCI Dublin’s uniform policies, customs, and practices concerning sexual assault, including those policies, customs, and practices related to care in the aftermath of an assault and protection from retaliation for reporting an assault.” As part of the consent deal, the Court is being asked to approve the “revised class definition of ‘all people who were incarcerated at FCI Dublin between March 15, 2024 and May 1, 2024, and all named Plaintiffs’.”
This change in definition eliminates from the protected class hundreds of inmates who passed through Dublin and experienced sexual abuse as far back as 2018.
Under the proposed consent decree, set for a February 25, 2025, hearing, the plaintiff class will be protected against retaliation, including a ban on putting class members in the SHU for low-level disciplinary matters. The BOP will also be required to expunge invalid disciplinary reports by FCI Dublin staff that, in some instances, may have been issued to punish or silence inmates.
The plaintiff class will also have confidential access to the court-appointed monitor, lawyers and community-based counselors to report abuse and consent decree violations.
Associated Press, Bureau of Prisons agrees to court monitor, public acknowledgment of staff-on-inmate sexual abuse (December 6, 2024)
California Coalition for Women Prisoners v. BOP, [Proposed] Order Granting Motion for Preliminary Approval of Proposed Consent Decree(ECF 438-4), filed Dec 6, 2024)
California Coalition for Women Prisoners v. BOP, Proposed Consent Decree (ECF 438-2), filed December 6, 2024)
– Thomas L. Root