Federal Correctional Institution Dublin - Federal

Back in September we printed an article from a comrade in Virginia about PREA audits and why they do not work. This article did not appear in ULK, but touched on the abuses faced by wimmin in Federal Correctional Institution - Dublin (FCI-Dublin). On the ineffectiveness of PREA audits in Virginia, the comrade wrote about how the audits were pre-announced, communications with the auditors were done in front of staff, and once the auditors left, staff retaliated against prisoners who talked. Comrades in Pennsylvania and Texas have also reported on retaliation for filing PREA complaints, as is common for filing any kind of grievance against staff. The failure of PREA is just a subset of the failure of any accountability of prison staff across the country for abusing prisoners.

After the incidents at FCI-Dublin that were largely reported in 2022, nothing changed. This led to over 63 lawsuits being filed. On Monday, 11 March 2024, the FBI raided FCI-Dublin and arrested the acting Warden, Associate Warden, a Captain and an Executive Assistant who all lost their jobs. They were all members of the infamous “rape club” at FCI-Dublin, which continued on after previous firings in recent years.

“Federal law classifies any sexual contact between staff and incarcerated people as a felony punishable with up to 15 years in prison. But, as one incarcerated survivor testified during the trial of former Warden Ray Garcia, the Prison Rape Elimination Act “really doesn’t exist at Dublin.”(1)

PREA doesn’t really exist in most of this country, where grievances are routinely thrown in the trash and retaliation for filing PREA complaints is the norm. And this is not the first time the FBI has been involved in investigating and arresting FCI-Dublin staff for rape.

Trans Pride Initiative (TPI) is working to hold PREA auditors accountable in Texas. However, they report:

“Under PREA § 115.401(o), auditors “shall attempt to communicate with community-based or victim advocates who may have insight into relevant conditions in the facility.” TPI has seldom been contacted concerning information we have about Texas prisons, and the National PREA Resource Center, which oversees the audit process, has failed to hold auditors accountable to this requirement. TPI has developed a simple auditor tool for auditors to see current information about any unit that we have in our system, so they do not have to even contact us. They are required to list if they tried to contact others about prison information and who they contacted. We are seeing many auditors list no contacts, or contacts that are perfunctory and likely provided no information.”(3)

TPI has an impressive database of incidents of violence and retaliation against prisoners on their website. They want the details of dates, who did what, what happened, what was said, where it happened, witnesses, etc., which you can send to:

Before publishing this article, an investigation into suits filed under the Adult Survivors Act in New York City’s state supreme courts revealed that 719 of 1,256 cases came from Riker’s Island Jail.(2) That is, more than half of the suits filed in the whole city of New York for sexual assaults that had occurred in the past were filed against city correctional officers. Almost all of them came from the wimmin’s jail. Like the rest of the country, wimmin make up a small minority of prisoners at Rikers. While male-bodied prisoners face very high rates of sexual assault compared to the general U.$. population, it is clear that being in a wimmin’s prison puts you in one of the highest-risk groups to be sexually assaulted.(4) And within men’s prisons, being trans, gay, queer, intersex, smaller or weaker will all put you at greater risk as the reports below suggest.

Gender oppression is built in to the U.$. prison system. Despite laws, lawsuits and FBI raids, it is not going away on its own. It is only by organizing the oppressed to stand together that we can put an end to these abuses.

Below are a couple recent reports from Polunsky Unit in Texas on how PREA incidents are handled. TPI’s data shows they have received many more PREA reports from other Texas prisons, including: Allred, Hughes, Connally, Telford and Stiles Units.(5)

A Trans Prisoner at Polunsky Unit in Texas Reported in March 2024: I put a Step 1 Grievance against one officer and wrote to the Ombudsman in Huntsville and he denied any allegations and got other officers to start to do stuff to me. I wrote to the Warden Mr. Anderson and I was placed around other gang members who keep threatening to harm me and call me punk, snitch, hoe and all that and use officers against me. Last month another officer name Suniga started threatening to harm me and sexually harassed me.

…Later Suniga got mad at me and threatened to take my booty shorts and other clothes. He told all those other inmates that I’m snitching on them with the I.G. who coming to investigate me for the incident with the other officer I mention before. And they took my jail housing manual charter #30 for the LGBTQ inmates with all the PREA standards, rules and regulations for jailers and inmates.

He took it and threw it away, so I put a step 1 grievances and sent a letter to the PREA offices in Huntsville, who are doing an investigation, and the PREA officer respond back and said they did an investigation but can’t go forward because Mr. Suniga resigned from his job. Now no body want to do anything or restore my papers which I don’t get for free. …even if Suniga quit his job, the TDCJ should be responsible for what he did while he were employed at the TDCJ.

A female officer who worked with Suniga before and knows that I put a Step 1 against Suniga, works here named Ms. Smith. When she came to my cell door she tell me that I got her friend in trouble and she refused to feed me my lunch. She said that she was going to write me up for not being dressed appropriately because I was wearing my shorts and she said that she don’t care if I were punk, transgender, or whatever.

They stop our physical mail claiming that too much drugs are coming into the TDCJ units. She worry about me wearing booty shorts, but drugs still get here every day. And not only K2, they get methamphetamine, ice, weed, all kind. I know because I seen who bring into the C pod. And I got notes in my cell right now, on 8 March 2024, on people who ask me if I want to buy K2 and ice, but I can’t say shit because if I do or report it to the I.G. or STG they going to let these gang members know that I told on them and more retaliations going to occur.

I am the only transgender or gay at C. Pod. All other inmates here are gang members or part of some groups. I filed I-60 requests and send letters to classification in Huntsville asking to move me to a pod or unit where most LGBTQ prisoners are and never get a reply or get moved. It is so cruel what they doing to us. About a month ago, someone killed himself on C. pod. And two others try to cut they self too… Now, one more time, I ask please help me with legal assistance to put a stop to all this abuse. Thank you and hope I can hear from y’all or someone who want to help me.

Another Polunsky Unit prisoner wrote us in March 2024: I was called out by Captain Cerda concerning a PREA Safe Prison for sexual harassment and sexual assault…. he began asking me what’s up with this letter to PREA Ombudsman. I began to explain and he said, “aw hell, we got to do this whole PREA thing.” He then hands me a statement sheet. I ask for the dates for the PREA letter and times, but he said “don’t worry about it, just leave ’em out.” I told him I needed them cause this inmate was suppose to be out of his assigned work area and in safe keeping, and I’ve written PREA Ombudsman about this repeatedly. He stated, “If we weren’t so short handed all this shit wouldn’t be happening and if TDCJ had housing, safe keeping wouldn’t be on my fucking unit cause I damn sure don’t want yall here!”

I felt badgered and like I was wrong for filing the complaint with only half the info. And with Captain Cerda’s demeanor and Lt. Rodriguez throwing questions in… and her standing over me I felt pressured and I wrote as little as possible. I just wanted to be away from them.

…TDCJ Executive Directive PD22 #4 Tampering with a witness violation level 1: states “An employee shall not attempt to hinder or influence in any manner the testimony or information or any witness or potential witness in an investigation or administrative proceeding.”

<sup>Notes: 1. Victoria Law, 14 March 2024, FBI Raids California Prison Facing 63 Lawsuits Over Systemic Sexual Abuse, Truthout.
2. Jessy Edwards and Samantha Max, 26 March 2024, Late-night sex assaults. Invasive searches. The 700+ women alleging abuse at Rikers, The Gothamist.
3. Trans Pride Initiative PREA website
4. MIM(Prisons), September 2007, Gender Oppression in Prisons, Under Lock & Key No. 1.
5. TPI Prison Data Explorer</sup>

A Memorandum issued by the PREA Auditors of America was recently posted in all dorms and other areas here at Dillwyn Correctional Center where incarcerated people frequent advising us of the following:

“The Virginia Department of Corrections (VADOC) will be conducting an audit for Compliance with the United States Department of Justice’s National Standards to Prevent, Detect, and Respond to Prison Rape under the Prison Rape Elimination Act (PREA) for Its Adult Detention Facility.”

The scheduled dates of the PREA Audit are from September 26th-28th, 2023.

The Memorandum further advises:

“Any person with relevant information pertaining to this compliance Audit may * confidentially * correspond with the Auditor via the following address:

Ron Kidwell P.O. Box 193 Palmyra, Virginia 22963

“CONFIDENTIALITY. All correspondence and disclosures during interviews with the designated auditor are CONFIDENTIAL and will not be disclosed unless required by law. There are exceptions when confidentiality must be legally broken. Exceptions include, but are not limited to the following:

If the person is an immediate danger to him/herself or others (e.g., suicide or homicide)

Allegations of suspected child abuse, neglect, or maltreatment

In legal proceedings where information has been subpoenaed by a court of appropriate jurisdiction.”

The Prison Rape Elimination Act or PREA was passed by the U.$. Congress and codified into federal law as Title 42 U.S.C.A. section 15601. It was passed in response to the high incidents of rape and other forms of sexual violence incarcerated people were subjected to in prisons across the country.

Despite the language of PREA, it does not stop, prevent or reduce the rape and sexual violence of incarcerated people. As an example, the rape and sexual assaults against women at the Federal Correctional Institution in Dublin, California in the years before 2022 was so bad the prison was called the “rape club” by incarcerated women and prison staff alike. Even the Warden of the prison at the time, Ray J. Garcia, took part in raping and sexually exploiting women at the prison.

The real purpose of PREA was to create a set of national standards (also called PREA standards) by the U.$. Attorney General that state and federal prison systems can give the appearance of being in compliance with in order to gain accreditation and federal grant money from the U.$. Department of Justice.

PREA Audits as they are currently conducted do not work and will never work for the following reasons:

As the above quoted Memorandum reveals, prison officials are given advanced notice their prisons will be audited for PREA compliance. This advanced notice sets in motion a scheme whereby prison officials began the process of cleaning up and beautifying the prison before PREA auditors arrive, both literally and figuratively. I have witnessed time and time again how in the days leading up to the audit, incarcerated people are instructed to paint walls, plant flowers, and wax and buff the floors. Guards and prison staff begin acting nice and treating incarcerated people with a little bit more dignity and respect. A special meal is sometimes serviced to incarcerated people either on the day of the audit or on the day before. In some cases, a prison may go on an unexpected lockdown where incarcerated people are locked in their cells on the day of the audit. All of this is done to placate/pacify incarcerated people so they’ll be least likely to give the PREA auditors a “bad report” or, in the case of the unexpected lockdown, to prevent them from giving a report altogether.

In order for the PREA audit to be truly effective, they must be conducted without prison officials having prior notice of the date and time of the audit.

In addition to that, incarcerated people must be allowed to communicate freely with auditors in a confidential setting. This is often not possible because PREA auditors are accompanied by brass and are deliberately led on a prearranged course throughout the prison that keeps them out of contact with incarcerated people and out of the housing areas where incarcerated people live and sleep.

Incarcerated people must not be retaliated against for making complaints about having been raped and sexually assaulted by prison staff. I know of many fellow incarcerated people who have been harassed, threatened, moved to another housing unit, transferred to another prison, and written bogus infractions in retaliation for submitting PREA complaints. This sort of retaliation chills other incarcerated people’s desire to submit PREA complaints which allows their abusers to escape accountability.

Lastly, the only real solution to ending the rape and sexual violence of incarcerated people is to abolish the Prison Industrial Complex. If there are no prisons, then there can be no prison rape.

All Power to the People Who Don’t Fear Freedom!

MIM(Prisons) responds: We actually think we can do a lot to eliminate rape for all people before abolishing prisons. Prisons are a tool of class struggle. In the control of a communist government, prisons would be revolutionized to serve the people. There would be an end to the torturous practices so common in capitalist prisons of isolation, heat, lack of health care and physical and sexual assaults.

Unlike prisons, rape and sexual violence are forms of oppression that cannot serve the people. While the path to eliminating any of these things remains long and challenging. Previous revolutionary societies have made quick progress in the realm of reducing and almost eliminating many forms of gender oppression. So we call on those who want to put an end to rape and sexual violence to join us in the struggle to end imperialism and replace it with a system in the hands of the international proletariat.