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

SEX ABUSE AND MORONS

Fourteen female prisoners who alleged in a lawsuit two years ago that they were sexually abused by officers at the Federal Correctional Complex Coleman women’s camp have settled with the government.

The Attorney General has approved the settlement, but the funds have not yet been released. An attorney for one of the women said he could not discuss the amount of the settlement until the money is released. Another lawyer, however, told the Tampa Bay Times (which first reported the settlement) that his three clients will share $1.26 million.

The suit contended that Bureau of Prisons correctional officers Coleman sexually abused female inmates for years and threatened the women if they didn’t comply. The women said they feared that if they came forward they’d be sent to another prison far from their families, interrupting the education and work programs they had at Coleman. The COs, who were identified by name in the litigation, have all retired or resigned, and some with full benefits from the bureau, according to the suit. None has faced any criminal charges.

It may be tougher for female inmates than for male ones, as the BOP’s cave-in on this suit suggests.

And not just for female inmates. A few years ago, 524 female BOP employees received a $20 million settlement of a suit that alleged Coleman management didn’t protect them from sexual harassment by male inmates and dissuaded the employees from documenting their complaints.

Meanwhile, for the second time in recent weeks, a lawsuit was filed in Kentucky accusing a Lexington Federal Medical Center employee of raping an inmate at the women’s minimum-security camp. A prior suit alleged that a CO raped a female inmate, according to court records. The new filing accuses an instructor in the RDAP program (who is no longer a BOP employee) of raping a different female inmate.

RDAP,  the intensive Residential Drug Abuse Program, rewards inmates who successfully complete the 9-12 month regimen with up to one year off their sentences. An instructor, whose decision could eject an inmate from RDAP and thereby deprive her of the year off, would have substantial leverage over an inmate in the program.

The BOP told the Herald-Leader it does not comment on pending litigation. One of the attorneys representing the two women, said, “Sexual misconduct in our nation’s prisons is not limited to one bad actor or one specific facility… We intend to hold these bad actors responsible for the harm they have caused.”

On a different topic, a week ago I reported on newspaper reports on the condition of MCC New York and MDC Brooklyn. Last week, the New York Daily News reported that BOP “brass visited New York City’s federal jails last weekend — one day after the Daily News highlighted a judge’s scathing comments that the lockups were “run by morons.”

“The same day the BOP learned of the recent commentary about the conditions at MCC New York and MDC Brooklyn, staff were sent from agency headquarters and its Northeast Regional Office to review and ensure conditions for safety and security are maintained,” a BOP spokeswoman told the paper.

Apparently, the facilities had a bit of notice on the inspection. An MCC inmate told The News “that orderlies worked to clean up the jail until 3 a.m. on Saturday, hours before the BOP officials arrived. Correctional staff told detainees the visit was due to the jail being ‘in the newspaper,’ according to the inmate who is not allowed to speak to the press. Correctional officers brushed off McMahon’s comments, saying they were directed at captains and wardens, the inmate said.”

Potemkin would have been proud. But probably not so the MDC and MCC managers, who are guilty of the cardinal bureaucratic sin: they made their bosses look bad, something that is not easily forgiven.

Other sources told the paper that “inmates were being shuffled to different units and transferred to MDC for repairs at MCC.”

Finally, the numbers: As of Friday, the BOP said it had 73 inmates and 153 staff with COVID. The percentage of vaccinated staff stood at 50.4%, inmates at 40.5%. One more death, a USP Yazoo City inmate, raised the federal inmate death toll to 250.

Miami Herald, Feds pay seven figures to settle suit over systemic sexual abuse at Florida women’s prison (May 13, 2021)

Tampa Bay Times, Lawsuit settled in which 15 women alleged sexual abuse at Florida prison (May 6, 2021)

Lexington Herald-Leader, Second Lexington FMC inmate files lawsuit accusing prison employee of rape (May 15, 2021)

New York Daily News, NYC federal jails visited by Bureau of Prisons bigwigs after judge’s criticism (May 14, 2010)

BOP, Inmate Death at USP Yazoo City (May 13, 2021)

– Thomas L. Root