Judge OKs prison abuse settlement, rejecting Trump administration's push to rewrite protections
A judge on Tuesday gave final approval to a legal settlement that subjects the federal Bureau of Prisons to independent monitoring and increased transparency in the wake of rampant staff-on-inmate sexual abuse at a now-shuttered federal women's prison in California.
U.S. District Judge Yvonne Gonzalez Rogers in Oakland signed off on the agreement after rejecting the Trump administration's last-minute request to alter protections for transgender and non-citizen inmates.
The consent decree calls for a court-appointed monitor to keep tabs on the treatment of about 500 former inmates at the Federal Correctional Institution in Dublin, California, who are now incarcerated at more than a dozen other federal lockups across the U.S.
It also includes pathways to early release and home confinement, and requires the Bureau of Prisons to 'issue a formal, public acknowledgement to victims of staff sexual abuse at FCI Dublin.' Some women who alleged abuse at Dublin say they have since been the victims of similar misconduct at other federal prisons.
'Without the consent decree and the oversight that it calls for, there's no safety or protection for our class members,' former Dublin inmate Kendra Drysdale said.
FCI Dublin, about 21 miles (34 kilometers) east of Oakland, has been sitting idle since the Bureau of Prisons cleared out inmates last April and announced its permanent closure last December. It is now being looked at for use as a possible immigration detention facility.
The judge rejected the Bureau of Prisons' request to renegotiate the agreement — which had been on the table since December — to remove provisions pertaining to transgender and non-citizen inmates. Government lawyer Madison Mattioli argued they were 'inconsistent with the new administration's priorities.'
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.
'You don't get two bites at the apple,' Gonzalez Rogers said at a hearing held by Zoom and attended by several ex-FCI Dublin inmates. 'There is always an opportunity to want more after a negotiated settlement. And that's why we get in writing and that's why we get it signed, so that you cannot go back.'
The consent decree will run for at least two years. It is set to go into effect March 31.
Gonzalez Rogers agreed to the delay so the Bureau of Prisons can fill key several vacancies, including replacing an administrator who retired this month after serving as a liaison to the monitor, Wendy Still. A preliminary injunction that provides incarcerated women with some protections runs through March, the judge said.
An AP investigation found a culture of abuse and cover-ups that had persisted for years at FCI Dublin, which became known among staff and inmates as the 'rape club.'
Since 2021, at least eight employees have been charged with sexually abusing inmates. Five have pleaded guilty. Two were convicted at trial, including former warden Ray Garcia. Another case is set to go to trial next month.
Lawyers for ex-Dublin inmates and the Bureau of Prisons filed a proposed consent decree in December, at the end of the Biden administration, after months of negotiations to settle a class-action lawsuit that sought to change the agency's treatment of women and abuse claims.
Separately, the government agreed in December to pay nearly $116 million to resolve lawsuits brought by more than 100 women who say they were abused or mistreated by FCI Dublin staff. The women will receive an average of about $1.1 million.
Under the proposed agreement, plaintiffs will have ongoing and confidential access to the court-appointed monitor, lawyers and community-based counselors to report abuse and possible consent decree violations.
The monitor will have access to the women, staff and records and will issue monthly reports to the public on key findings on a range of issues, including staff abuse and retaliation against inmates, medical care and compliance with early release rules.
The proposed agreement also includes protections against retaliation, including a ban on the Bureau of Prisons putting incarcerated plaintiffs in a special housing unit — a form of detention akin to solitary confinement — for low-level disciplinary matters.
The agency will also be required to review and expunge invalid disciplinary reports by FCI Dublin staff that, in some instances, may have been issued to punish or keep inmates quiet. If allowed to stand, those disciplinary reports could hamper an inmate's access to early release or placement in a halfway house.
Under the proposed agreement, the agency must release eligible plaintiffs to halfway houses and home confinement as soon as possible. The agency will also be required to restore early release credits that inmates may have lost when they were transferred from FCI Dublin.
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Yahoo
2 hours ago
- Yahoo
Cocaine, jail break, inmate death: Henderson city emails reveal new concerns
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'Regarding a narcotics detective found with cocaine in his desk in October 2024,' Garcia-Vause wrote. 'Was he ever drug tested? What is the policy when that happens?' Chadwick wrote in response that the incident was fully investigated by the police department's internal affairs bureau, which never drug tested the detective. 'No, the officer was not drug tested because he was not under the influence and there was no reason to test him,' Chadwick said. 'This was an unfortunate oversight from an officer who works long hours for our department. In addition, he is part of the narcotics unit, which is subject to random drug tests throughout the year per policy.' The narcotics detective was described by Chadwick as never failing a random drug test to the best of her knowledge. On Feb. 5, Garcia-Vause outlined a list of concerns she wanted addressed by Chadwick which ranged from OIS procedure to internal complaints. The city manager ended the email with a series of explanations of how different she would be from former city manager Richard Derick. 'I am hearing many of the same complaints, including – favoritism in promotions and specialized assignments, inconsistent or unfair discipline, inconsistent policy applications or ignoring policy altogether, and a culture of retaliation,' Garcia-Vause wrote. 'Just to name a few.' 'Make an appointment': Henderson city manager dodges questions about fired police chief Garcia-Vause drew parallels for Chadwick from a speech she watched delivered by LVMPD Deputy Chief Sasha Larkin in which she talked about how she wished she did more after leaving the scene of a battered woman, explaining she didn't 'close the loop.' 'You communicated to me that you do not feel supported by me,' Garcia-Vause wrote. 'Please do not misunderstand my concerns and desire to improve the operations and culture of the department as a lack of support. To the contrary, I am invested in ensuring that Henderson has the best police department in the state.' The city manager explained that as part of her effort to implement operational change and cultural reforms, she would place retired police chief Kristen Ziman to work with Chadwick on a daily basis to determine how to improve Chadwick's efforts. 'To be successful in leading the changes,' Garcia-Vause wrote. 'I need you to refrain from immediately getting defensive when I ask questions or whenever a problem is brought to your attention.' 'This is exciting and I look forward to meeting Kristen and collaborating for her,' Chadwick wrote in response. On Feb. 6, Chadwick responded to a request from Henderson Councilwoman Monica Larson regarding an inmate, J. Chrusch. She apologized to Larson for not responding within the 48 hours required and enforced by state law. 'My apologies that this notification is beyond the 48 hours,' Chadwick wrote. 'I take full responsibility and moving forward it will not happen again.' On Dec. 2, 2024, the City of Henderson Police Department received a public records request from the Las Vegas Review-Journal seeking names and other information for ICE detainees. Nine days later, the LVRJ allegedly received full names, inmate IDs, booking and release dates of ICE inmates during the requested timeframe. Garcia-Vause wrote in an email that she found the release to be 'problematic,' citing a law that she alleged barred Henderson from releasing any such material. 'ICE detainees cannot be treated the same as our other inmates,' Garcia-Vause wrote. 'Different laws apply, and we are under different obligations pursuant to our contract with ICE.' But the concern grew when Henderson was contacted by the Las Vegas Metropolitan Police Department about the LVRJ story. 'Metro contacted us to inquire why we would release information about our ICE detainees when the law prohibits us from doing so,' Garcia-Vause wrote. 'I do not appreciate these types of surprises.' Following the release of information to the LVRJ, Garcia-Vause ramped up conversations to merge the police department's public information office (PIO) with the city's office. 'It is important that the City speak to the public with one voice and deliver a consistent message to members of the media and other community stakeholders,' Garcia-Vause wrote. 'Having a department PIO division outside of the City's Public Information Office is inefficient and leads to inconsistencies.' Garcia-Vause asked Chadwick to write up a draft of a transition plan for handing over all responsibilities to the city. Chadwick wrote in response that she was meeting with city communication director Karina Milani on Feb. 10 to discuss and identify a transition plan. On Feb. 6, Garcia-Vause and other city staff discussed the best way to solve a 'jail breach' at the detention center on Water Street by an unnamed inmate. 'All gates were secured,' Chadwick wrote. 'He was able to slide thru the razor wire and slide down. As soon as he got to the ground by the maintenance area the cameras spotted him and he was taken into custody.' Some staff suggested an improvement be made to the wall or the maintenance gates which would include razor wire. Garcia-Vause wrote she would need to see how the razor wire looked given it can be seen from Water Street. Chadwick also characterized the razor wire as a possible 'eye sore.' 'I'm interested in hearing more about the gates and whether or not they were secured,' Garcia-Vause wrote. Ultimately, a police captain at the detention center suggested a series of fixes, including raising the wall height and setting up a temporary chain link fence, but added the security addition would be an 'eyesore.' Garcia-Vause emailed Chadwick to clarify what happened during an Oct. 27, 2023, officer-involved shooting. The incident, at the 2300 block of N. Green Valley Pkwy, resulted in Chadwick taking two involved police officers off-site to a fire station. 'Will you please clarify the policy or procedure that governs this,' Garcia-Vause wrote. 'It has been stated that there were no body cams, or witnesses with you and that the two officers did not do their PBT (Preliminary Breath Test), nor were they drug tested or counted down before leaving the scene to use the restroom.' Chadwick emailed Garcia-Vause back that she was checking on the two officers who indicated they needed to use the restroom. The police chief noted the investigative units were not on scene yet, and the overall investigation could take hours. 'I made the decision to have them get in my vehicle and | took them to the nearest fire station, which was two blocks down the street,' she wrote. 'We were there approximately five minutes. We all walked in, they used the restroom, and we responded back to the scene.' The officers' body cameras were taken to download video from the incident prior to leaving the scene, according to Chadwick. 'This OIS (officer involved shooting) was investigated fully and there were no issues with their PBT results, drug test, or count down,' Chadwick wrote. 'To indicate otherwise is to discredit the integrity of the two officers involved in this critical incident and has zero merit.' Chadwick wrote that there were plans to purchase a motorhome for critical incidents so officers could use facilities. Garcia-Vause emailed Chadwick to explain what the response was after a June 2024 SWAT Team retreat in Utah saw a senior officer passing an unsealed alcoholic beverage to a less senior officer. Garcia-Vause emailed Chadwick asking her to explain the department's response regarding a senior officer who passed an unsealed alcoholic beverage to a less senior officer at a June 2024 SWAT Team retreat in Utah. 'This incident was fully investigated by our Internal Affairs Bureau while adhering to the officers NRS rights and their collective bargaining agreement,' Chadwick wrote. 'Officers did receive discipline, accepted the discipline, and continue to learn from their mistakes and move forward in a positive direction.' Garcia-Vause wrote that she found it unacceptable that Chadwick and members of the police command team were not attending celebrations involving the city council and city executive staff. 'Showing up for elected officials and colleagues shows respect and builds trust,' Garcia-Vause wrote. One of the celebrations which the police department did not appear to attend, according to Garcia-Vause, was a party held for an outgoing councilman. 'It was not acceptable that neither you nor anyone from your Command Team was present for the retirement celebration of Councilman Shaw,' Garcia-Vause wrote. 'Absolutely,' Chadwick wrote in response. 'Now that we know the expectations, we will ensure a presence at all these events.' The retirement topic shifted into apparent favoritism for specific police staff. One example included by Garcia-Vause included a special retirement gun purchased by a deputy chief (DC). 'Deputy Chief Boucher used his position and City email to request his subordinates donate to a retiring lieutenant who was a personal friend of his,' Garcia-Vause wrote. 'The department does not request donations to purchase gifts for all retiring officers, so Deputy Chief Boucher's email gave the perception of favoritism.' 'I have spoke with HR and DC Boucher and he understands that he will not use city email again for this type of request,' Chadwick wrote in response. 'DC Boucher did confirm he did not use any city purchasing power for the retirement gift.' In an email sent to Garcia-Vause, a Henderson Police Department retired sergeant wrote that they were the victim of continual workplace harassment supported by Chadwick. 'My retirement was a direct result of continual workplace harassment that was supported by Police Chief Hollie Chadwick,' the retired sergeant wrote. The retired sergeant alleged that they were the lead investigator who completed a 'DUI cover-up investigation.' 'Chief Chadwick inexplicably sustained the involved Officers with low level discipline even though the investigative report established that significant Officer misconduct occurred,' the retired sergeant wrote. 'The Officers involved met the threshold in our disciplinary matrix where they should have all been placed on a Brady list for untruthfulness and terminated.' Chadwick and the deputy chief were claimed to have turned a blind eye to significant misconduct and allegedly accused internal affairs of an excessive overreach. 'That could be the furthest from the truth,' the retired sergeant wrote. 'Yet it was fully supported by Chief Chadwick when she was asked to explain the decisions she made.' The email to Garcia-Vause ends with accusations of corruption and poor management, which the retired chief asks to be investigated. 'I am sincerely sorry you had to endure the workplace environment you described,' Garcia-Vause wrote in response. 'I would like to know more about the incident you shared and your experiences in the police department.' Garcia-Vause thanked the retired sergeant by email and wrote that she looked forward to meeting them. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Los Angeles Times
2 hours ago
- Los Angeles Times
Planet-warming emissions dropped when companies had to report them. EPA wants to end that
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Emissions from four coal-fired plants in southwest Indiana have dropped 60% since 2010, when the rule took effect. That rule is now on the chopping block, one of many that President Trump's EPA argues is costly and burdensome for industry. But experts say dropping the requirement risks a big increase in emissions if companies are no longer publicly accountable for what they put in the air. And they say losing the data — at the same time the EPA is cutting air quality monitoring elsewhere — would make it tougher to fight climate change. At stake is the Greenhouse Gas Reporting program, a 2009 rule from President Barack Obama's administration that affects large carbon polluters like refineries, power plants, wells and landfills. In the years since, they've collectively reported a 20% drop in emissions, mostly driven by the closure of coal plants. And what happens at these big emitters makes a difference. Their declining emissions account for more than three-quarters of the overall, if modest, decline in all U.S. greenhouse gas emissions since 2010. The registry includes places not usually thought of as big polluters but that have notable greenhouse gas emissions, such as college campuses, breweries and cereal factories. Even Walt Disney World in Florida, where pollution dropped 62% since 2010, has to report along with nearly 10,600 other places. 'We can't solve climate change without knowing how much pollution major facilities are emitting and how that's changing over time,' said Jeremy Symons, a former EPA senior climate adviser now at Environmental Protection Network, an organization of ex-EPA officials that monitors environmental policies. The group provided calculations as a part of The Associated Press' analysis of impacts from proposed rule rollbacks. Symons said some companies would welcome the end of the registry because it would make it easier to pollute. It's not clear how much the registry itself has contributed to declining emissions. More targeted regulations on smokestack emissions, as well as coal being crowded out by cheaper and less polluting natural gas, are bigger factors. But the registry 'does put pressure on companies to ... document what they've done or at least to provide a baseline for what they've done,' said Stanford University climate scientist Rob Jackson, who heads Global Carbon Project, a group of scientists that tally national carbon emissions yearly. Gina McCarthy, a former EPA administrator under Obama, said the registry makes clear how power plants are doing against each other, and that's an inducement to lower emissions. 'It is money for those companies. It's costs. It's reputation. It's been, I think, a wonderful success story and I hope it continues.' The potential end of the reporting requirement comes as experts say much of the country's air goes unmonitored. Nelson Arley Roque, a Penn State professor who co-authored a study in April on these 'monitoring deserts,' said about 40% of U.S. lands are unmonitored. That often includes poor and rural neighborhoods. 'The air matters to all of us, but apparently 50 million people can't know or will never know'' how bad the air is, Roque said. The EPA is also trying to claw back money that had been earmarked for air monitoring, part of the termination of grants that it has labeled as targeting diversity, equity and inclusion. That includes $500,000 that would have funded 40 air monitors in a low-income and minority community in the Charlotte, North Carolina, area. CleaneAIRE NC, a nonprofit that works to improve air quality across the state that was awarded the grant, is suing. 'It's not diversity, equity and inclusion. It's human rights,' said Daisha Wall, the group's community science program manager. 'We all deserve a right to clean air.' Research strongly links poor air quality to diseases like asthma and heart disease, with a slightly less established link to cancer. Near polluting industries, experts say what's often lacking is either enough data in specific locations or the will to investigate the health toll. Indiana says it 'maintains a robust statewide monitoring and assessment program for air, land and water,' but Brockman and others in this part of the state, including members of Southwestern Indiana Citizens for Quality of Life, aren't satisfied. They're installing their own air and water quality monitors. It's a full-time job to keep the network of monitors up and running, fighting spotty Wi-Fi and connectivity issues. Fighting industry is a sensitive subject, Brockman added. Many families depend on jobs at coal-fired power plants, and poverty is real. She keeps snacks in her desk for the kids who haven't eaten breakfast. 'But you also don't want to hear of another student that has a rare cancer,' she said. Walling, Borenstein, Bickel and Wildeman write for the Associated Press. AP writer Matthew Daly contributed to this report from Washington.
Los Angeles Times
3 hours ago
- Los Angeles Times
Pope meets with child protection advisory board as survivors call for zero tolerance of abuse
VATICAN CITY — Pope Leo XIV met with members of the Vatican's child protection advisory commission on Thursday for the first time amid questions about his past handling of clergy sex abuse cases and demands from survivors that he enact a true policy of zero tolerance for abuse across the Catholic Church. The Pontifical Commission for the Protection of Minors, which is made up of religious and lay experts in fighting abuse as well as supporting survivors, called the hourlong audience a 'significant moment of reflection, dialogue, and renewal of the church's unwavering commitment to the safeguarding of children and vulnerable people.' The group said it updated history's first American pope on its activities, including an initiative to help church communities in poorer parts of the world prevent abuse and care for victims. The Vatican did not provide the text of Leo's remarks or make the audio of the audience available to reporters. Pope Francis created the commission early on in his pontificate to advise the church on best practices and placed a trusted official, Boston's then-archbishop, Cardinal Sean O'Malley, in charge. But as the abuse scandal spread globally during Francis' 12-year pontificate, the commission lost its influence its crowning recommendation — the creation of a tribunal to judge bishops who covered up for predator priests — went nowhere. After many years of reform and new members, it has become a place where victims can go to be heard and bishops can get advice on crafting guidelines to fight abuse. O'Malley turned 80 last year and retired as archbishop of Boston, but he remains president of the commission and headed the delegation meeting with Leo in the Apostolic Palace. It has often fallen to O'Malley to speak out on egregious cases that have arrived at the Vatican, including one that remains on Leo's desk: The fate of the ex-Jesuit artist, the Rev. Marko Rupnik, who has been accused by two dozen women of sexual, psychological and spiritual abuse over decades. After coming under criticism that a fellow Jesuit had apparently received preferential treatment, Francis in 2023 ordered the Vatican to waive the statute of limitations on the case and prosecute him canonically. But as recently as March, the Vatican still hadn't found judges to open the trial. Meanwhile, the victims are still waiting for justice and Rupnik continues to minister, with his supporters defending him and denouncing a 'media lynching' campaign against him. Leo, the Chicago-born former Cardinal Robert Prevost, has been credited by victims of helping to dismantle an abusive Catholic movement in Peru, where he served as bishop for many years. But other survivors have asked him to account for other cases while he was a superior in the Augustinian religious order, bishop in Peru and head of the Vatican's bishops' office. The main U.S. survivor group, SNAP, has also called for Leo to adopt the U.S. policy calling for any priest who has been credibly accused of abuse to be permanently removed from ministry. Winfield writes for the Associated Press.
