Judge signs unprecedented order over now-closed FCI Dublin prison

OAKLAND, Calif. - A federal judge on Tuesday approved an unprecedented order, called a consent decree, over the now-closed FCI Dublin prison, where at least 350 women who were formally incarcerated there are now at other facilities across the country. 

U.S. District Court Judge Yvonne Gonzalez Rogers signed the consent decree, which will last for two years and extend to the women who were once housed at FCI Dublin in 2023 during the height of a sex abuse scandal involving correctional officers and are now in other roughly 13 prisons. It is set to go into effect on March 31. 

"This has never been done before in the United States with a federal facility," Gonzales Rogers said. "It may not be perfect, but it is something both sides could live with to move forward in a positive direction." 

A consent decree is a legally binding agreement enforceable by a court. 

The women's lawyers were very happy with the judge's decision. 

"This is fair, adequate and reasonable and will provide meaningful relief to the class members," attorney Kara Janssen said. "We understand it won't fix everything in the BOP." 

Timeline: FCI Dublin sex abuse scandal to shutdown and beyond

Under this order, the Bureau of Prisons will have to allow Special Master Wendy Still to review the medical and medical healthcare status of the women covered under the order, add a rape crisis center with unmonitored phone calls at each prison, and provide reasons why women are placed in special housing units, known as the SHU, within 24 hours of being placed there. 

The consent decree also states the BOP cannot retaliate against a woman for reporting staff misconduct, and they must review all disciplinary reports and expunge all those that were found to have violated due process and release a woman's release date accordingly. 

The BOP will have to pay for the costs associated with the consent decree – a source of contention between the agency and the lawyers who sued in a case called the California Coalition of Women Prisoners. 

Women who were not at FCI Dublin at that time when the class-action lawsuit was filed will not be the beneficiaries of this order. 

In court filings this month, the BOP attorney Madison Mattioli questioned whether the agency could make reforms because of financial concerns. 

Mattioli also made note of the "recent change in administration" and the "key change in personnel" where two directors have left the BOP since Donald Trump became president, which she said have made the future of the agency uncertain. 

During the court hearing, Mattioli also read a statement, objecting to two parts of the consent decree that she stated do not align with the "new administration's priorities" involving transgender people in custody as well as incarcerated immigrants-- requests that the judge objected to.

Under the consent decree, the Bureau of Prisons must allow covered inmates to retain gender-affirming clothing and accommodations and must not deny early release solely on the basis of immigration status or a detainer.

Under the consent decree, the Bureau of Prisons must allow covered inmates to retain gender-affirming clothing and accommodations and must not deny early release solely on the basis of immigration status or a detainer.

Mattioli also asked the judge to vacate the "no shredding" order at FCI Dublin, which has "rooms and rooms" of documents dating back to the 1980s – an issue that wasn't immediately resolved. 

The consent decree is the result of an August 2023 lawsuit filed by eight women who were incarcerated at FCI Dublin. The case was headed to trial this year, but the BOP agreed to these reforms to avoid that. 

Courtney Hanson wrote a letter to the judge on behalf of the women's coalition, urging her to approve the consent decree.

Among her reasons is that women who were once housed at FCI Dublin are also now being sexually abused at prisons, including FCI Aliceville in Alabama by a doctor there. 

She also cites the fact that since 2023, at least 19 former FCI Dublin employees have been on administrative leave pending misconduct investigations, and have had no updates on what's been happening in these cases or whether any of these employees have been reassigned elsewhere.  

Rhonda Fleming, an outspoken woman who was once housed at FCI Dublin, wrote to KTVU to say that an officer is under investigation for having sex with women at FMC Carswell in Texas, where she is being held now. 

Another woman, Johanna Michely Garcia, wrote to KTVU from FDC Miami, where she said she and others are enduring "horrific and inhumane" conditions, where there are no working toilets, forcing some women to use trash cans. She also said maggots have been found in the meal trays, and women have been served expired food, making them sick. 

The consent decree follows what has happened since 2022, when seven correctional officers, including former warden Ray Garcia, have been convicted and sentenced to prison so far for having sexual relations with incarcerated women at FCI Dublin. An eighth officer, Darryl "Dirty Dick" Smith, is currently headed for trial. 

This is the most officers at any one federal prison in the United States who have been charged and found guilty of sex crimes against incarcerated women. 

Before the consent decree hearing, two of the plaintiff's lawyers addressed a reporter's question about whether this order would be binding under President Trump. 

Janssen said that the decree is a binding contract and that the BOP is not legally able to back out of it.

Added her counterpart, Susan Beaty: "We can assume the BOP will try to evade responsibility and we will be here to hold them accountable." 

EDITOR'S NOTE: An earlier version of this story reported an incorrect number of former FCI Dublin women currently being held at other prisons. There are roughly 350.