OAKLAND, Calif. (CN) — A federal judge on Tuesday indicated she was likely to appoint a special master to investigate claims of rampant misconduct and sexual abuse at a San Francisco Bay Area prison facility, after paying a surprise visit to the prison that raised concerns about retaliation for speaking out.
In a hearing before U.S. District Judge Yvonne Gonzalez Rogers, the California Coalition for Women Prisoners made its case for a court-appointed special master to implement reforms at the Federal Bureau of Prisons’ FCI Dublin facility, located east of San Francisco. The low-security facility houses about 712 women, transgender and nonbinary people.
In their August 2023 lawsuit the plaintiffs described endured abuse and exploitation by facility staff, including sexual assault, coercion, voyeurism, drugging and abuse during medical exams. They say that, despite being aware of violence and harassment at FCI Dublin for decades, the Prison Bureau has failed to take action.
Attorney Oren Nimni reminded the judge of testimony from prisoners who said at a January evidentiary hearing that they didn't report misconduct because they didn't know how, or had seen retaliation take place. He said this put the plaintiffs at risk of bodily harm, citing increased invasive surveillance after joining the class action, including higher rates of strip searches and staff watching prisoners during bathroom breaks.
Nimni argued that without a special master, the plaintiffs won’t be able to properly litigate the case, filed on behalf of several incarcerated women, because they're under the surveillance of government employees who might retaliate against them for participating.
Assistant U.S. Attorney Madison Mattioli said the Bureau of Prisons provided evidence of “effective reporting systems,” and that internally “allegations of retaliation are taken seriously.” She said FCI Dublin’s “virtually 24/7” pilot phone and email reporting system is unprecedented across federal prisons.
“They have constant communication with the outside, and claims that these are not acceptable reporting mechanisms are not based on the evidence that this court has heard,” Mattioli said. “To appoint a special master, this court has to find a constitutional violation warranting that appointment."
Mattioli said the facility is dealing with unprecedented numbers of legal visits due to this litigation. Judge Rogers said there wasn't enough evidence of contraband being found following those visits to justify the number of strip searches being performed.
The Obama-appointed judge also said she was “shocked” to learn that people were being placed in a special prison unit during the litigation.
Rogers said that, following her unannounced tour of FCI Dublin, she was concerned about multiple procedures underway there, and thinks that the plaintiffs have a stronger case for proving harm by retaliation. The judge also found many unfilled posts due to how many prison employees had been placed on leave during the litigation.
On the motion for class certification, attorney Abbie Cziok argued that the plaintiffs "have not shown that there are inadequate medical responses to mitigate any risks.”
Rogers disagreed, finding evidence in the record demonstrated commonalities between the plaintiffs’ cases. Nimni also said those similarities existed in the plaintiffs’ declarations of how their cases were handled under the very same facility policies that contributed to their risk of harm via retaliation.
“We’ve shown a series of incidents where people are being walked in on in the shower, while getting undressed,” Nimni said. “We have evidence of relationships between incarcerated people and officers. All of those things meet the Eighth Amendment standard.”
To the government’s statement that misconduct reporting systems are in place to avoid retaliation against prisoners, the judge said, “There’s evidence in the record of conduct that could be construed as retaliation. No one’s communicating because they’re afraid they’re going to be retaliated against. You have a problem out there.”
However, Rogers said she was concerned about witness credibility. “There is a lot of coaching going on, perhaps on both sides.”
The judge said she wasn't sure how the case could be litigated without appointing a neutral master, and she hopes to issue an order on the preliminary injunction soon.
Both sides have said they will be ready to go to trial before the end of the year. The judge said she doesn't think her concerns about FCI Dublin can wait that long. She ordered the facility on Feb. 16 to immediately provide heat and blankets and investigate reports of black mold, a gas leak and asbestos.
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