A judge called a California federal women’s prison known for rampant sexual abuse against inmates “a dysfunctional mess” on Friday as she ordered a special master to oversee the facility, marking the first time the Federal Bureau of Prisons has been subject to such an action.
“The situation can no longer be tolerated. The facility is in dire need of immediate change,” wrote US district judge Yvonne Gonzalez Rogers, adding that the Bureau of Prisons 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.”
Rogers did not name the special master but confirmed that the court would appoint one quickly.
A 2021 Associated Press investigation that found a culture of abuse and coverups at the federal correctional institution in Dublin (FCI Dublin) brought increased scrutiny from Congress and the federal Bureau of Prisons. The low-security prison and its adjacent minimum-security satellite camp, located about 21 miles (34km) east of Oakland, have more than 600 people incarcerated there.
A federal lawsuit was filed in August by eight people incarcerated there and the California Coalition of Women Prisoners advocacy group, who allege that, despite the prosecution of the former warden and several former officers, the sexual abuse and exploitation continues at the facility.
Since 2021, at least eight FCI Dublin employees have been charged with sexually abusing inmates. Five have pleaded guilty. Two were convicted at trial. Another case is pending. Roughly 50 civil rights lawsuits against FCI Dublin employees are ongoing.
All sexual activity between a prison worker and an incarcerated person is illegal. Correctional employees enjoy substantial power over inmates, controlling every aspect of their lives from mealtime to lights out, and there is no scenario in which an inmate can give consent.
Rogers visited the prison in an unannounced trip on 14 February, spending nine hours touring the site and its satellite camp. She spoke with at least 100 incarcerated people as well as staff.
Many of the incarcerated people told her that they did not fear sexual misconduct and said “no” when asked whether it was still prevalent at the prison, Rogers wrote. Still, the plaintiffs in the August lawsuit have “presented incidents of sexual misconduct that occurred as recently as November of 2023”.
“The truth is somewhere in the middle,” Rogers wrote. “Because of its inability to promptly investigate the allegations that remain, and the ongoing retaliation against incarcerated persons who report misconduct, BOP has lost the ability to manage with integrity and trust.”
The Bureau of Prisons declined to comment on the special master appointment.
Friday’s special master appointment comes just four days after the FBI searched the prison as part of an ongoing, years-long investigation. Government court papers filed on Monday revealed that the current warden, just months into his tenure, had also been ousted. Art Dulgov was removed after allegations surfaced that his staff retaliated against an inmate who testified in January against the prison.
Deputy regional director NT McKinney will replace Dulgov on an interim basis effective immediately, the Bureau of Prisons spokesperson Randilee Giamusso said. McKinney is at least the fourth person to be put in charge of FCI Dublin since former warden Ray Garcia was placed on administrative leave after the FBI raided his office and vehicle in July 2021.
Rogers said that despite the attempts at reform, what the prison “cannot seem to leave behind, however, is its suspicion that it is the system, not incarcerated women, that is being abused”.
