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Thursday, September 19, 2024

Justice Department launches civil rights probe into alleged abuses at two California prisons

Attorneys & Judges
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Attorney General Merrick B. Garland & Deputy Attorney General Lisa O. Monaco | https://www.justice.gov/agencies/chart/map

On September 4, 2024, Assistant Attorney General Kristen Clarke announced a civil rights investigation into allegations of staff sexual abuse at two California prisons: Central California Women’s Facility in Chowchilla and the California Institution for Women in Chino. These facilities, operated by the California Department of Corrections and Rehabilitation, house over 3,000 individuals, including women, transgender, and non-binary people.

The investigation aims to determine whether the state has violated constitutional protections by failing to safeguard incarcerated individuals from staff sexual abuse. Clarke stated that the probe is being conducted under the Civil Rights for Institutionalized Persons Act, which allows federal investigations into state institutions suspected of systemic constitutional violations.

Clarke highlighted that there has been significant justification for this investigation based on extensive reviews of publicly available information and data gathered from advocates. Reports of staff sexual abuse at these facilities have persisted since at least 2016.

"Women have filed hundreds of private lawsuits in the past two years alleging officer sexual abuse of people incarcerated at the Central California Women’s Facility over the last decade," Clarke said. The allegations range from inappropriate groping during searches to forcible rape.

A civil lawsuit was also filed on behalf of 21 women incarcerated at the California Institution for Women. The lawsuit includes allegations such as forcible rape, groping, oral copulation, and threats of violence spanning from 2014 to 2020.

This week in state court, a trial is scheduled involving allegations against a former correctional officer at Central California Women’s Facility accused of widespread sexual assaults. Clarke emphasized that these are still allegations and will proceed through the state process.

Reports indicate that correctional staff at both facilities allegedly sought sexual favors in exchange for contraband and privileges. "The correctional officers named in these allegations range in rank and have even included those responsible for handling complaints of sexual abuse," Clarke noted.

In March, a working group composed of advocacy groups published a report identifying longstanding institutional deficiencies in addressing staff sexual abuse within these facilities. The report pointed out issues such as an unsafe reporting process and lack of staff accountability.

California is aware of these allegations through state oversight reports documenting chronic problems with staff misconduct. Press outlets have reported extensively on survivor experiences while advocacy organizations have long demanded action to address these issues.

The Justice Department's efforts aim to protect constitutional rights within U.S. prisons and jails. A recent survey indicates that women are three times more likely than men to be sexually victimized by prison or jail staff while incarcerated. This issue is urgent due to research showing that the female prison population is growing faster than that of men.

Clarke also highlighted racial disparities within these facilities: "While less than 6% of Californians are Black, 23% of those incarcerated in these two facilities are Black." Additionally, Latina or Hispanic women constitute 36% of the women's prison population.

The investigation will be conducted by career attorneys from the Civil Rights Division alongside U.S. Attorneys Phillip A. Talbert and Martin Estrada from California's Eastern and Central Districts respectively. It will be independent and thorough; if systemic violations are found, written notice along with remedial measures will be provided to California authorities.

This initiative aligns with broader efforts by the Justice Department to address unconstitutional conditions across various states' correctional systems including Tennessee, Alabama, Mississippi, and Georgia.

Clarke concluded her remarks by emphasizing commitment: "The Civil Rights Division is committed to protecting the rights of people incarcerated in America’s prisons and jails."

She then handed over proceedings to U.S. Attorneys Talbert and Estrada.

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