The U.S. Justice Department has initiated an investigation into the Central California Women’s Facility in Chowchilla and the California Institution for Women in Chino. This move comes as civil litigation rises and a report highlights the longstanding deficiencies in addressing staff sexual abuse within the California prison system.
Federal officials announced in a news release that they have discovered “compelling grounds” to initiate a civil rights investigation. This decision was made after a thorough examination of both publicly accessible data and input from advocates, as confirmed by federal officials.
The investigation is taking place over two and a half years after the passing of Assembly Bill 1455 on Jan. 1, 2022. This bill extended the statute of limitations for victims of sexual assault by police and correctional officers, allowing them to sue their assailants in civil court.
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AB 1455 offers victims two choices: They can file a lawsuit in civil court within 10 years after their attackers have been convicted of sexual assault or a related crime. Alternatively, victims can sue within 10 years after their attackers have left the law enforcement agency where the assault took place.
Hundreds of current and former female prisoners in the state prison system have filed numerous lawsuits since the law came into effect. These lawsuits describe instances of sexual assault by correctional officers who are overseen by the California Department of Corrections and Rehabilitation.
The majority of the claimants in these cases consist of individuals who are currently or were previously incarcerated at the Central California Women’s Facility and the California Institution for Women.
In August of last year, lawyers James Lewis and Kyle Gaines from Slater, Slater, Schulman in Beverly Hills reported that their law firm had initiated a total of 135 lawsuits, representing 147 plaintiffs, in San Bernardino, Sacramento, and Madera counties. These legal actions were in response to the implementation of AB 1455, a bill authored by Assembly member Buffy Wicks from Oakland.
According to their statement, they expressed their intention to file a minimum of 100 additional lawsuits representing both present and past inmates of the California Institution for Women, the California Central Women’s Facility in Chowchilla, and the now-defunct Folsom Women’s Facility.
Lewis and Gaines stated in a telephone interview on Wednesday that they have filed a total of 600 lawsuits. The majority of these lawsuits, around 530, were filed on behalf of current and former prisoners at the California Women’s Central Facility. Additionally, they have filed around 30 lawsuits on behalf of current and former prisoners at the California Institution for Women. It’s worth noting that all of these cases have been consolidated and are currently being heard in Sacramento Superior Court.
The lawsuits make various allegations, including incidents of inappropriate groping during searches, instances of genital rubbing, and even cases of forcible rape.
According to the Justice Department, a civil lawsuit has been filed on behalf of 21 women who were incarcerated at the California Institution for Women. The lawsuit includes disturbing allegations of forcible rape, penetration, groping, oral sex, and threats of violence and punishment with abusive conduct. These incidents are said to have occurred between 2014 and 2020. Additionally, it is reported that correctional staff in both facilities engaged in a troubling practice of exchanging contraband and privileges in return for sexual favors.
Assistant U.S. Attorney General Kristen Clarke expressed that the investigation aims to determine whether the state is in violation of the constitution by not adequately safeguarding incarcerated individuals at these two facilities from staff sexual abuse.
The Department of Justice (DOJ) has identified a group of correctional officers who are suspected of being involved in handling complaints of sexual abuse made by incarcerated women in two facilities. The accused individuals, whose names have not been disclosed, consist of staff members from varying ranks.
The upcoming trial of former CDCR corrections officer Gregory Rodriguez, who is accused of sexually assaulting at least 13 inmates over a nine-year period at the Central California Women’s Facility, has been noted by the Justice Department.
Rodriguez, aged 54, has been charged by the Madera County District Attorney’s Office with 96 felony counts, which include rape, sodomy, sexual battery, and rape under color of authority. The charges were filed in May 2023. If found guilty, he could potentially face a sentence of over 300 years in prison.
According to the DOJ, a report was published to the California Legislature in March by a state-established working group, which consisted of advocacy groups and community-based organizations. The report identified long-standing cultural deficiencies in addressing staff sexual abuse at state prisons. These deficiencies included an unsafe and inaccessible reporting process, as well as the absence of staff accountability.
According to Clarke, a recent government survey revealed that prison staff are three times more likely to sexually abuse incarcerated women compared to men. Furthermore, research has shown that the female prison population is growing at a rate that is potentially twice as fast as the male prison population.
More than 3,000 female, transgender, and nonbinary inmates are housed in the two prisons.
The California Department of Corrections could not be reached for comment at the moment. Likewise, officials from the two prisons were also unavailable for comment.
The investigation under the Civil Rights of Institutionalized Persons Act is being conducted by the Special Litigation Section of the Civil Rights Division and the U.S. Attorneys’ Offices for the Eastern and Central Districts of California.
According to Clarke, it is crucial to acknowledge that all women, even those who are incarcerated, have fundamental civil and constitutional rights. It is essential to treat them with dignity and respect. The state of California must make sure that individuals who are in prison are placed in environments that safeguard them from any form of sexual abuse.
Lewis welcomed the news of the Justice Department’s investigation.
“It’s fantastic to see that they are actively taking measures to investigate the extensive abuse that has persisted in state prison facilities for far too long,” Lewis expressed. “Being incarcerated in California shouldn’t equate to being subjected to sexual abuse. This investigation has the potential to ensure that women sentenced to prison in the future won’t have to endure such heinous acts as part of their punishment.”
“It’s a significant stride forward,” Gaines remarked. “There has been a noticeable neglect in addressing these issues. I am optimistic that the Justice Department will shed light on the plight of women in the California prison system.”
