Recently, dozens of women who were formerly incarcerated at Federal Correctional Institute, Dublin have come forward with disturbing allegations of sexual assault at the prison. So far, two of the officers have pled guilty to charges of inmate sexual abuse, and it’s more than likely that there will be more convictions in the future. Aside from justice through the criminal courts, victims have the right to seek compensation from a civil lawsuit.
The need for legal action against FCI Dublin is obvious when you look at the history of rampant abuse that has taken place within the facility. Allegations against the prison were so bad that the Los Angeles Times conducted their own investigation in 2022. The publication reported that there was a “permissive and toxic culture…of sexual misconduct by predatory employees.” Some of the employees were part of a “rape club” that was formed specifically for the purpose of assaulting female inmates.
Sadly, we know for a fact that criminal conduct by correctional officers is not uncommon within the California prison system. This happens at all correctional facilities, from juvenile halls to max-security prisons. And it’s not just the guards that are at fault; prison and government officials are often to blame when there is a culture of sexual assault among the employees.
Are you a current or former inmate at FCI Dublin, who was sexually assaulted by a correctional officer or another staff member? Were you sexually harassed, blackmailed for sexual favors, or subjected to other acts of sexual abuse as an inmate? Being incarcerated or having a record doesn’t take away your right to sue if someone else violates you in a sexual manner. We can help you file a Dublin FCI sexual abuse lawsuit and obtain compensation from the responsible parties. Contact Normandie Law Firm and schedule a time to speak with a federal prison sexual assault attorney.
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History of Sexual Abuse against Inmates at FCI Dublin
Dozens of victims coming forward to accuse a prison of sexual assault is quite extraordinary. Keep in mind that these are women who were threatened and brutalized in many ways by people who are trusted members of the community. Many female inmates stay silent for this reason, as they are certain that no one will believe them. Or, they are afraid of retaliation by prison officials – not just against them, but against their family and friends.
So, one has to ask: just how bad was the situation at Dublin FCI for these women to break their silence and file a lawsuit against the federal government?
To answer that question, let’s examine the history of rape and various acts of sexual assault at FCI Dublin:
- In 2021, former FCI Dublin warden Ray J. Garcia and former food service foreman Enrique Chavez were charged with sexual abuse against inmates. Investigators described the incidents as one of the worst examples of staff-on-inmate abuse cases they’ve ever come across.
- The investigation also resulted in the arrest of 3 other workers, including prison chaplain, James Theodore Highhouse. The former chaplain pled guilty and received a sentence of 7 years in prison.
- In December 2022, a federal jury in Oakland found Ray J. Garcia guilty on 3 counts of sexual assault against an incarcerated person, 4 counts of sexually abusive contact, and 1 count of lying to the authorities about incidents of sexual abuse during December 2019 through July 2021. Prosecutors asked for a 15-year sentence for Ray J. Garcia, who was eventually sentenced to 70 months.
- The following year, in February 2023, Enrique Chavez was convicted and sentenced to 20 months in prison for the sexual abuse of an inmate. The sentence followed a guilty plea by Chavez for locking a female inmate in a pantry and sexually groping her in 2020.
- On May 13, 2023, Darrell Wayne Smith, a former Dublin FCI correctional officer, was arrested on 12 counts of sexual abuse against 3 female inmates. Named as “Dirty Dick Smith” in court documents, he faces a possible sentence of 15 years for each sexual abuse count and 2 years per each count of abusive sexual contact, which is essentially a life sentence when added together.
These are the events that led up to the lawsuit filed by 8 inmates on August 23, 2023. And we have no doubt that more arrests will happen in the upcoming months. Aside from criminal prosecution, inmate sex abuse victims have the right to file a lawsuit through the civil court system. This is to ensure that victims can seek medical services (including therapy) and recover the monetary losses they’ve suffered due to negligence by the Federal Bureau of Prison and other government entities.
If I’m Still in Prison, Can I File a Sexual Assault Lawsuit?
Yes, you can file a lawsuit for sexual assault and other abusive conduct at a prison, even if you are still serving a sentence. Many prisoners feel that this is impossible, as they lose out on so many rights during their incarceration. However, the right to file criminal charges and seek remedies through the civil courts cannot be taken away, even if you are in prison.
The issue, however, is the complications that are involved with the grievance procedures at each prison. We say “each,” because there is frankly no universal set of guidelines for how prisoners can file complaints for acts of abuse by a prison guard. Thus, each facility can make up their own system, which is where much of the problem lies. In all honesty, internal grievance procedures are extremely complex, to the point where we can see why inmates give up early on in the process.
To ensure that you get a fair shake within the prison system, it’s essential to have an experienced attorney by your side. The prison sexual abuse lawsuit attorneys of Normandie will help you navigate the grievance procedures at FCI Dublin and file a lawsuit for monetary damages.
How to Join a Class Action Lawsuit for Sexual Assault at FCI Dublin
In the past couple of months, our law firm has received numerous inquiries about class actions lawsuits for inmates that were sexually abused at Federal Correctional Institution, Dublin. This was in response to a lawsuit that was filed by 8 inmates on August 23, 2023. The lawsuit was filed against multiple defendants, including the Federal Bureau of Prisons, the prison warden, and 12 former and current employees.
Incidents of abuse cited in the lawsuit go back to the 1990s, so it’s possible that there are hundreds – perhaps, thousands – of victims that were abused by the staff at Dublin FCI. And clearly, some of these victims were encouraged by this recent lawsuit and wish to inquire about the possibility of joining a class action.
If you would like to join with other victims like yourself to form a class action, please give us a call. We can take care of the paperwork and legal procedures on your behalf, but we want you to make an informed decision regarding your legal rights. During a free case evaluation, we can advise you of the process to file a class action lawsuit, along with the pros and cons of filing as a group versus filing a lawsuit on your own. A free consultation will also give you a chance to ask any questions, with the assurance that you are speaking to an attorney with decades of experience in sexual assault lawsuits.
To discuss your legal options with an FCI Dublin sexual abuse class action lawsuit attorney, contact us today.
Dublin FCI Sexual Abuse Lawsuit FAQs
What is the average settlement for a sexual assault lawsuit against Dublin FCI?
Though we understand why people ask us for average case values, this is not the best way to figure out the amount you can receive from a Dublin FCI sexual abuse claim. The impact of sexual assault is different for each and every victim, and your settlement should reflect your own level of harm and suffering. One thing we can say is that payments from these lawsuits are typically 6 to 7 figures, starting at around $400,000 and going all the way to $3,000,000 and above. So yes, these are highly valuable cases in terms of compensation, which is important to victims who will deal with the scars of prison sexual assault for the rest of their lives. However, it’s important to speak to a lawyer with experience in sexual abuse claims, who can help you determine the right amount to ask for in a lawsuit.
How long does it take to settle a federal prison sexual abuse case?
Claims involving sexual assault are incredibly complex, and as a result, it can take considerable time to build a strong case, work out a legal strategy, and negotiate a settlement with the other party. This process can take over a year, especially when you are suing a government entity. If your claim progresses to a lawsuit, that will likely add 1 or more years to the legal process. Even once a lawsuit is filed, we will most likely reach a settlement with the Federal Bureau of Prisons. On the off chance that a settlement cannot be achieved (which happens in less than 5% of sexual abuse lawsuits), obtaining a jury verdict can take up to several years.
What is the time limit if I want to file a lawsuit?
The statute of limitations for a sexual abuse lawsuit is 10 years in the state of California, starting from the most recent incident of assault if there are multiple incidents. Alternatively, you have 3 years from the date of discovering an injury stemming from the assault. This can be a physical injury, such as damage to the reproductive organs or contracting an STD, but it can also refer to psychological damage, which is very common among victims that repress memories of sexual assault. To learn more about the deadline to file a sexual abuse lawsuit against FCI Dublin, don’t hesitate to give us a call.
Am I allowed to switch lawyers during a lawsuit?
Yes, you can fire your lawyer at any point during the legal process and find someone else to take over your case. Whether you should do so or not is another issue altogether, as the problems you are having may be solved through less drastic means. Obtaining a second opinion from another attorney is the best thing you can do in these situations. Here at Normandie, we provide free second opinion consultations to anyone with a pending sexual abuse lawsuit. That means you can receive a free case evaluation and advice on your legal options just by contacting us at your earliest convenience.
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There is a tendency to overlook the rights of people who are in prison, as we can all agree that being convicted of a crime should take away certain privileges you would normally enjoy. But civil liberties, like the right to be protected from abuse, apply to everyone, even those who are incarcerated at a federal correctional institute.
That’s why we are passionate in our commitment to you and your case if you were sexually assaulted during your stay at Dublin FCI. We know that you have been failed by the legal system already, and as a result, you may be hesitant to initiate a personal injury or class action lawsuit for inmate sexual abuse. Ultimately, filing a legal action is up to you, but we want to ensure that you are aware of your rights and legal options.
For now, all you have to do is reach out to us and receive a free consultation from one of our attorneys. If you choose to go ahead with a sexual abuse claim against FCI Dublin, you pay nothing out of pocket, as we offer a Zero Fee Guarantee. We make $0 until we win your case and receive a percentage of your settlement. That means if you don’t receive payment from a successful lawsuit, neither do we.
Please contact our office for advice and guidance from an FCI Dublin sexual assault lawyer.
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