FCI Dublin, officially known as Federal Correctional Institution, Dublin, is a low security facility for female prisoners, located in Dublin, California. The correctional institution first opened in 1974 and was changed to an all-female facility in 2012, giving it the distinction of being 1 out of 5 federal prisons for women in the United States.
In 2021, the Associated Press released shocking allegations of sexual abuse at the facility, claiming that there was “rampant sexual abuse” by the employees. Women who complained about the abuse were threatened or physically assaulted by the guards, which the warden was well aware of. In fact, the AP’s investigation led to the conviction of former warden Ray J. Garcia, who was sentenced to 70 months for abusing three female inmates. A prison chaplain was charged as well, though his case did not go to trial, since he accepted a plea deal.
Are you a former inmate who was subjected to sexual abuse while you were at Federal Correctional Institution, Dublin? Are you currently incarcerated at FCI Dublin and are being sexually abused by the prison employees? You may have the right to sue your abuser and the Federal Bureau of Prisons for monetary damages, such as pain and suffering, medical expenses, and loss of consortium. For more information from a prison system sexual abuse lawyer, contact the offices of DTLA Law Group.
Your Right to Sue a Federal Prison for Incidents of Sexual Abuse
People are generally aware that they can sue the individual that has caused them harm and suffering, but can you sue a prison system or a government agency for sexual assault? The answer is yes, depending on the actions they took or failed to take in regards to incidents of sexual abuse. To put it another way, sexual assaults at a prison are committed by specific individuals, such as correctional officers and medical staff. But there are people in charge (wardens, for example) who are responsible for supervising these people and investigating abuse allegations from inmates. Sadly, many of the administrators at the state and federal level fail to adequately supervise prison employees. They also tend to ignore cries for help from prisoners, which allows the abuse to continue for many years.
The responsibility that these agencies have towards inmates at a federal prison was remarked upon by the sentencing judge at the trial of Ray J. Garcia, former warden of FCI Dublin. Garcia, himself, engaged in multiple acts of sexual assault and received 70 months in prison for his crimes. As he sentenced Garcia, the judge said to him, “You were supposed to be the check. You were supposed to be the person making sure no one else did that.” In short, it’s people like Garcia – and the prison system as a whole – that create a “permissive and toxic culture…of sexual misconduct by predatory employees,” according to the Associated Press.
If you are eligible for a lawsuit, you can be sure that we will go after every single entity that is responsible for the abuse you endured.
Can I File a Lawsuit if I am Currently in Prison?
Being in prison inevitably takes away certain rights you would normally have, and as a result, you may be asking yourself, “Can I file a lawsuit if I am still imprisoned?”
We want to assure that you have the right to seek legal remedies against anyone that is causing you harm and suffering, even the correctional facility where you are currently incarcerated. And as a victim of sexual abuse, you are no different than any other person who is seeking justice from a sexual assault lawsuit.
There’s no denying, however, that these are complicated cases due to the grievance procedures that are set by each prison. The procedure to file a grievance against a prison guard or other employee can be extremely complex, and as a result, many inmates give up on filing a complaint with the proper authorities. Even if they manage to figure out the legal process, it’s unlikely that they’ll get a fair shake at the hearing. In short, representation from a skilled sexual assault lawyer is essential if you want to succeed in a compensation claim against a federal prison.
We know it’s difficult to trust the legal system that’s already failed you in so many ways. But our loyalty is to you and not the California or Federal Bureau of Prisons. You can depend on us to fight tirelessly for your rights and bring you the payment you deserve as a victim of sexual abuse at FCI Dublin.
How to Join a Class Action Lawsuit for Sexual Assault at FCI Dublin
As of the writing of this article, no class action has been formed on these cases, but that’s likely to change in the upcoming months. Day by day, more victims are coming forward with the horrific acts of abuse that were forced upon them. If enough of these individuals are interested in joining together, we can proceed with a class action lawsuit on behalf of sexual assault victims at Federal Correctional Institution, Dublin. Of course, there is always the option of filing a claim on your own (personal injury lawsuit), and it’s important to discuss each of these actions with an experienced sexual abuse attorney.
The lawyers of DTLA are more than ready to represent you if you or someone you know was sexually violated by a correctional officer or anyone else that was employed by the Federal Bureau of Prisons. Please reach out to us at your earliest convenience and schedule a free review with one of our attorneys.
Average Case Value of a Prison Sexual Abuse Lawsuit
We are still at the early stage with these cases, and as a result, it’s impossible to say what the average claimant will receive from a successful lawsuit. However, we know from experience that sexual abuse lawsuits are generally high value cases, especially when they involve major entities like the Federal Bureau of Prisons. Considering the settlements recovered by sexual assault lawyers at our practice, we would say that $500,000 to $1.5 million is an “average” range. But we’ve also had clients that were awarded $3 million and above, so it’s essential to examine all the relevant factors, which include the extent of your injuries, the duration of the abuse, and the prison’s role in causing or contributing to the incidents.
How Long Does it Take to Settle these Cases?
The length of time to settle a sexual assault lawsuit depends on various elements, including the specific acts of abuse, how long the incidents went on, and how the abuse impacted your physical and mental health. The number of parties that are liable and how they were negligent play an important role as well, along with the type of claim you are filing. Class action lawsuits generally take longer to settle, but they have a high success rate as many victims with the same allegations makes for a very compelling case. But no matter which legal action you choose, it may take several months to two or more years before you receive compensation from a sexual abuse claim against Federal Correctional Institution, Dublin.
Statute of Limitations to Sue for a Case of Sexual Assault
In California, there is a 10-year statute of limitations for lawsuits involving sexual assaults that occurred on or after January 1, 2019. If the incident occurred before this date, victims normally have 3 years to file a sexual abuse lawsuit. In some cases, a victim is not aware that they were sexually violated until years after the fact. For these situations, the California court system allows 3 years from the date of discovery to bring forth a legal case for sexual abuse.
Currently, there is a law in place that can help former and current inmates who were sexually assaulted before January 1, 2019. AB 2777, or the Sexual Abuse and Cover-Up Accountability Act, provides a 3-year look back window on expired cases, as long as the abuse occurred between January 1, 2009 and December 31, 2019. That means you may still have a chance to sue the Federal Bureau of Prisons and receive compensation for the harm you’ve suffered. However, the laws are constantly evolving when it comes to these cases, so it’s best to speak with an experienced lawyer if you’re wondering, “How long do I have to file a lawsuit if I was sexually assaulted at FCI Dublin?”
Lawyer with Experience in Sexual Abuse Cases against Prison Systems
Sexual assaults can happen to anyone, regardless of their age, gender, or background. That’s why victims are encouraged to come forward, but that’s not so easy when you have been convicted of a crime. We know about the social stigma that surrounds the incarcerated, and how they’re taken advantage of by the very people who are supposed to protect them. Employees at correctional facilities count on the fact that no one will believe an inmate, and as a result, many of these victims lose out on the justice they are entitled to.
Our law firm has not, and never will discriminate when it comes to those who have been sexually violated by the prison system. You can count of us to provide the compassion and respect you deserve, along with our many years of experience in the recovery of sexual abuse settlements. In addition, there’s no out-of-pocket cost to you, as we operate under the Zero Fee Guarantee. All legal fees are paid by the defendant, and only if we win your case. If we don’t recover your payment, you owe us nothing at all.
The sexual abuse lawsuit attorneys of DTLA are ready to speak with you if you’d like to learn more about your rights and legal options. Contact us as soon as possible to schedule a free case review.