[Pnews] Rampant Sex Abuse at Tallahassee Federal prison where Ghislaine Maxwell is Held
Prisoner News
ppnews at freedomarchives.org
Wed Apr 26 10:32:20 EDT 2023
theappeal.org
<https://theappeal.org/fci-tallahassee-sexual-abuse-women-prison-ghislaine-maxwell/>
‘Rampant’ Sex Abuse at Federal Prison Where Ghislaine Maxwell Is Held
Silja J.A. Talvi Apr 25, 2023
April 25, 2023
------------------------------------------------------------------------
Issues of mismanagement and sexual misconduct have put federal
women’s prisons in the spotlight. But one scandal-plagued
facility—FCI Tallahassee—has escaped serious scrutiny, even as
an Appeal investigation reveals an ongoing history of sexual
violence, retaliation, and other constitutional abuses
that have left prisoners living in fear.
An overhead view of Federal Correctional Institution, Tallahassee.
Prison Insight via Flickr
------------------------------------------------------------------------
/Content warning: This story contains graphic descriptions of
sexual abuse./
The word spread like wildfire in July 2022 throughout FCI
Tallahassee, a low-security federal women’s prison in Florida:
Ghislaine Maxwell had arrived.
In a matter of days, media outlets in the UK and U.S. were awash in
sensational accounts of how Maxwell, age 61, the procurer,
groomer, and sex trafficker for deceased billionaire Jeffrey
Epstein, would be spending her days in the ease of a facility in
which she reportedly could teach yoga, study Russian, watch movies, and
try her hand at art, baking, and cosmetology. Paparazzi have since been
able to circle in on the recreation yard in order to snap photos of
Maxwell. The prison has done little to push away the scavengers,
perhaps because their tabloid-driven coverage distracts from the far
more serious issues playing out behind the razor wire.
The popular media accounts of Maxwell’s life behind bars,
supplied by the Zoukis Consulting Group
<https://federalcriminaldefenseattorney.com/>, a boutique federal prison
consultancy, follow a trend of reporting that has often portrayed
certain federal prisons as a sort of “Club Fed”—cushy facilities where
the most privileged serve out shorter sentences in relative safety and
comfort. Those depictions have both amused and enraged many of the
roughly 750 women who have spent years, even decades, enduring an
abusive, predatory, and retaliatory environment inside FCI Tallahassee.
“Sexual abuse is rampant here,” said Rachel Padgett, 41, who arrived
at FCI Tallahassee in 2017 and received her paralegal degree while
she was incarcerated. “Abuse of female inmates by male staff is out of
control.”
Documented reports of guards terrorizing, threatening, and stalking, as
well as mentally, physically, and sexually abusing prisoners at FCI
Tallahassee go back at least as far as 2002, some six years after the
facility officially became a women’s prison. Since 2012, the Federal
Bureau of Prisons (BOP) has received more than 130 complaints alleging
staff-on-prisoner abuse at FCI Tallahassee, according to documents
obtained by The Appeal, one of the highest rates among federal prisons.
But the abusive and retaliatory environment at FCI Tallahassee has only
spiraled further out of control in recent years, according to several
incarcerated women who communicated regularly with The Appeal over the
course of an expansive yearlong investigation into the conditions there.
The Appeal reviewed more than a dozen civil and criminal cases filed
against FCI Tallahassee staffers over the past decade, which contained
disturbing allegations consistent with the incarcerated women’s
accounts. Sources provided nearly uniform descriptions of the climate at
the prison, often sharing painful details about the experiences of their
fellow prisoners.
Over the past two years, reporting by the Associated Press
<https://apnews.com/article/politics-crime-prisons-covid-only-on-ap-5a8ea69610ff8995463f2e620760bc54>
and a U.S. Senate subcommittee has uncovered a pattern of shocking
neglect across a handful of BOP facilities. In January 2022, the AP
investigations helped force the resignation of the agency’s director,
Michael Carvajal. In December, the Senate’s Permanent Subcommittee on
Investigations released a scathing report
<https://www.hsgac.senate.gov/wp-content/uploads/imo/media/doc/2022-12-13%20PSI%20Staff%20Report%20-%20Sexual%20Abuse%20of%20Female%20Inmates%20in%20Federal%20Prisons.pdf>
on sexual abuse at federal women’s prisons ahead of a bipartisan hearing
on Capitol Hill
<https://www.hsgac.senate.gov/subcommittees/investigations/hearings/sexual-abuse-of-female-inmates-in-federal-prisons-/>.
Among its findings, investigators concluded that the BOP’s “management
failures” had “enabled continued sexual abuse of female prisoners” by
the agency’s employees. They also reported that the BOP’s Office of
Internal Affairs was sitting on a backlog of 8,000 employee misconduct
cases, “including at least hundreds of sexual abuse cases.”
But the harshest criticism stemming from this recent scrutiny has almost
completely overlooked a culture of impunity and widespread abuse at FCI
Tallahassee and centered instead on other prisons. At FCI Dublin in
California, for example, former warden Ray Garcia was recently convicted
on eight counts
<https://www.motherjones.com/crime-justice/2022/12/dublin-california-women-prison-warden-sexual-abuse-rape/>
of sexual abuse and lying to the FBI for his involvement in a so-called
rape club at the prison. A prison chaplain was also convicted.
Incarcerated sources say FCI Tallahassee’s recent ability to remain out
of the spotlight is not a reflection of better conditions. Instead, they
attribute it to a brutally efficient system of retaliation and cover-up,
which employs a dizzying variety of tactics to protect perpetrators of
sexual assault and keep their victims silent.
Tiffany Arnold, 52, and Clothera Peak, 51, are both serving life
sentences without the possibility of parole. Neither committed violence
<https://theappeal.org/how-the-violent-felon-label-can-unfairly-brand-people-for-life/>,
and neither was even accused of having drugs or weapons on her person or
in her home. They have now exhausted their appeals, while a succession
of prison wardens and judges have denied their requests for
compassionate release. Arnold’s mother was recently diagnosed with
terminal stage 4 cancer, and Arnold says she fears she will not see her
mom before she dies.
Arnold and Peak are among the very few lifers remaining at FCI
Tallahassee. Their uncommon position—feeling they have little to lose,
knowing prison might be their only home for the rest of their lives—has
empowered them to speak out more candidly on issues that many other
incarcerated women fear to touch.
“They violate our human rights like crazy,” said Peak, who, after 28
years in prison, has been incarcerated for most of her life. She became
a grandmother last year. Due to COVID restrictions, the prison was
routinely on modified lockdown—“red” status—for nearly three years,
which made it impossible to meet her grandchild until visitation opened
this year.
Over the past two decades, officials at the prison have largely ignored
or effectively silenced the steady stream of horrific complaints by
women in their custody, according to sources and lawsuits filed by women
at the prison. This suppression has persisted at FCI Tallahassee long
after it first grabbed headlines in 2006
<https://www.nbcnews.com/id/wbna13415618> as the site of one of the
nation’s most notorious prison sexual assault scandals—a chapter that
culminated in a deadly shootout
<https://www.prisonlegalnews.org/news/2006/oct/15/attempted-arrest-of-federal-prison-guards-in-florida-turns-deadly/>
between a disgraced guard and federal agents in the facility’s
courtyard. It continues today, even amid a period of intense public
scrutiny around issues of abuse in federal prisons.
Under this regime, two prison staffers at FCI Tallahassee have been
convicted of raping female prisoners in recent years. Others have
faced serious allegations in civil suits that have not previously been
reported on. BOP has settled many of these lawsuits out of court,
allowing officials to avoid admitting culpability. The Appeal’s
investigation found that one medical official has kept his job at the
prison even as numerous women have accused him of sexual assault in
multiple lawsuits spanning several years. He now works at the male
detention center at FCI Tallahassee, a BOP spokesperson confirmed.
Incarcerated women say outside communications, including calls to rape
crisis hotlines, are closely monitored. Prisoners have faced abuse and
retaliation simply for mentioning abuse by guards to a family member by
phone, according to Padgett. She said this can take a variety of forms,
including threats of violence against them and their family members,
further sexual abuse, or being sent to solitary confinement—widely
feared in prisons as one of the worst forms of punishment.
Despite the pervasiveness of these violations, FCI Tallahassee has
routinely received high marks in independent audits under guidelines of
the 2003 federal Prison Rape Elimination Act (PREA), which was supposed
to provide protections for prisoners reporting abuse.
In interviews with The Appeal, incarcerated women also reported inhumane
conditions extending far beyond sexual violence, all of which have
contributed to a broader sense of despair at the prison. Spoiled food
and meager portions were an everyday reality for several years, they
said, even after one woman nearly died after eating food contaminated
with E. coli. Safe drinking water has been highly unreliable and
sometimes nonexistent. They also reported being forced to endure
freezing cold showers during winter months, nicknamed the “polar plunge.”
As the situation has gotten worse, prisoners at FCI Tallahassee—known
colloquially as Tally—have become increasingly desperate to draw
attention to their suffering. But help hasn’t come, despite their best
efforts.
“No one really seems to care,” said Padgett. “You start to feel like our
issues must not be bad enough.”
When reached by The Appeal, a spokesperson for FCI Tallahassee declined
a request for an interview. A BOP spokesperson provided a written statement.
“The BOP is committed to ensuring the safety and security of all inmates
in our population, our staff, and the public,” said Benjamin O’Cone of
the BOP Office of Public Affairs. “Allegations of staff misconduct are
referred for investigation, as warranted.”
tiffany arnold and clothera peak
Tiffany Arnold, 52, and Clothera Peak, 51, are both serving life
sentences without the possibility of parole, even though neither
committed violence.
Courtesy of Tiffany Arnold
A ‘Breeding Ground’ for Sexual Abuse
On June 21, 2006, just before 8 a.m., federal agents walked into FCI
Tallahassee with plans to arrest six prison guards. Five of the guards
had been indicted on charges that they had raped incarcerated women. The
sixth was accused of discouraging prisoners from cooperating with the
investigation. The agents didn’t know that the leader of this group,
Ralph Hill, had sneaked his personal firearm into work that day. When
they encountered Hill in the facility’s lobby, he opened fire. Special
Agent William Sentner with the U.S. Department of Justice’s Office of
the Inspector General was killed in the ensuing shootout, and a BOP
lieutenant was injured. Hill was fatally shot in the courtyard. The five
other guards were arrested.
In the aftermath, officials revealed that the six guards had been
investigated for providing prisoners with drugs and other contraband in
exchange for sex while extorting money from the families of their
victims. Authorities began referring to this as a “sex for contraband”
scheme, thereby asserting a level of consent that does not exist in
federal law, which prohibits any sexual contact between prison staff and
incarcerated people.
Tiffany Arnold came to FCI Tallahassee in March 2004 and had been there
for only two weeks when she was approached in the middle of the night by
a guard who asked her to accompany him to “talk”—a euphemism for trading
in sexual favors. Arnold declined, but other women did not, or perhaps
felt they could not.
That guard, E. Lavon Spence, was among the group of men eventually
indicted in the ring. Under the original charges, each faced up to 20
years in prison. But in the end, all of the guards were convicted for
less severe charges, including bribery and mail fraud. All five received
one-year sentences. Spence got a year of home detention with no prison
time due to a medical condition, an accommodation rarely afforded to
civilians. In 2010, a federal jury ordered Spence to pay $2.16 million
in a civil suit filed by Myra C. Solliday, another incarcerated woman
he’d raped. But when Spence later filed for bankruptcy, a judge ruled
that he did not have to pay the damages awarded to Solliday.
A woman formerly incarcerated at FCI Tallahassee told Prison Legal News
in 2006
<https://www.prisonlegalnews.org/news/2006/oct/15/attempted-arrest-of-federal-prison-guards-in-florida-turns-deadly/>
that the sort of sexual misconduct outlined in these cases was far more
widespread than investigators had shown and that the list of
perpetrators “should probably be three times longer.”
Now, more than 15 years later, women held at FCI Tallahassee say
staffers at the prison are still using similar tactics to manipulate and
abuse prisoners. In many cases, guards use “coercion and real or
perceived special treatment,” including promises of real relationships,
fast food, or drugs—including opioids—to groom women for sexual abuse,
Padgett explained. She called the prison a “breeding ground for these
types of situations.”
According to data from a recently released report
<https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/sisvraca1618.pdf>
by the Bureau of Justice Statistics (BJS), women are more than three
times as likely as men to be sexually victimized by prison staff.
Research over the past few decades has shown that an incredibly high
percentage of incarcerated women
<https://www.aclu.org/other/prison-rape-elimination-act-2003-prea> and
girls
<https://genderjusticeandopportunity.georgetown.edu/wp-content/uploads/2020/06/The-Sexual-Abuse-To-Prison-Pipeline-The-Girls%E2%80%99-Story.pdf>
have experienced past physical or sexual abuse—a factor that can make
them more vulnerable to further abuse behind bars.
Many women in prison suffer from “low self-esteem” and haven’t had
positive, healthy relationships, Arnold explained.
“It’s changed a lot over the years—the women that come in now are so
much younger than when I was first incarcerated,” she said. “You can see
that they have never had anyone care for them.”
Padgett said she had witnessed predatory behavior by staff members in
prison before, when she was incarcerated in an outpatient mental health
unit at FMC Carswell
<https://theappeal.org/for-women-at-a-federal-prison-hospital-in-texas-fear-that-coronavirus-will-spread-like-wildfire/>,
a federal women’s prison in Texas
<https://theappeal.org/death-of-new-mother-at-federal-prison-hospital-prompts-calls-for-accountability-in-texas/>.
“My bunkie, who had also just arrived … was sexually assaulted by our
case manager,” Padgett said.
Although Padgett was not yet a paralegal, she was always trying to help
other women stuck in situations from which they saw no way out. “I
helped my bunkie get transferred to another institution because some of
the other women were shaming her and blaming her for having their case
manager fired,” she said.
But it was not until Padgett arrived at Tallahassee that she “realized
just how big of a problem” sexual abuse really is, she said.
Once women are trapped in an abusive situation with a guard, it becomes
almost impossible to escape. Those who attempt to discuss sexual
violence in phone calls or emails to loved ones on the outside have
faced retaliation and threats from their abusers, according to Padgett.
“The mental and emotional impact of rape is made worse because male
staff members monitor our calls and pass on the information to
other COs,” she said.
Concerns about surveillance at FCI Tallahassee have potentially made
women scared to call the toll-free rape crisis hotlines, which give
prisoners a way to receive support and information about reporting
abuse, according to Starlet Kizer, who has been incarcerated at the
prison since 2012.
“There are flyers hanging in several areas with information about how to
report sexual violence,” Kizer said. “Women know how to report … but the
real question is, do they?”
When women at Tally do come forward to formally report abuse, prison
officials often respond first by placing them in the Security Housing
Unit (SHU), according to federal lawsuits against the prison. The
SHU—pronounced “shoe”—is one of many terms for the solitary confinement
units that exist in nearly all federal and state prisons. According to
BOP policy, this step is ostensibly taken to protect the accuser. But it
can also serve as a form of punishment that dissuades victims from
reporting abuse.
“We keep these women locked up where they are easily victimized. And
once abused, the prison system compounds the trauma by putting women in
solitary confinement for their ‘protection,’ or allowing their abusers
to coerce them into silence,” said Ariel Goode, communications director
for the National Council for Incarcerated and Formerly Incarcerated
Women and Girls.
Officials at other BOP facilities have echoed the accounts of women at
FCI Tallahassee. During Senate testimony last year, Cynthia Townsend, a
clinical psychologist who previously served as clinical director and
trauma treatment coordinator at FCI Dublin in California, explained that
incarcerated women who complained or filed a report of sexual abuse had
faced extreme retaliation, including nearly a year in solitary
confinement. This sort of response appears to violate PREA standards,
which are intended to limit procedures that may trigger
retraumatization, including the use of solitary confinement.
Most perpetrators are simply transferred or allowed to retire once
the system is no longer able to cover up the abuse. Ariel Goode,
National Council for Incarcerated and Formerly Incarcerated Women
and Girls
Only in extremely rare cases have sexual predators on staff at FCI
Tallahassee faced criminal liability—albeit after years of alleged
misconduct.
In August 2021, Phillip Golightly, a BOP correctional officer until he
was indicted and fired, was sentenced to two years in prison
<https://www.justice.gov/usao-ndfl/pr/former-bureau-prisons-correctional-officer-sentenced-24-months-federal-prison-sexually>
for the sexual abuse of one prisoner at FCI Tallahassee. Golightly
abused at least five women at Tally, according to complaints filed in
federal court. He initially faced two counts of sexual abuse of a ward,
charges that carried a maximum sentence of 30 years in prison
<https://www.wctv.tv/2020/07/09/federal-correctional-officer-indicted-for-sexually-assaulting-inmate/>.
The victim in the criminal case also filed a separate civil suit against
Golightly, which accused a second FCI Tallahassee guard, Adam Shepherd,
of similar abuse. The case was settled out of court in 2022.
Then, in March 2022, Jimmy Lee Highsmith was sentenced to four years in
prison
<https://www.justice.gov/usao-ndfl/pr/former-tallahassee-federal-correctional-officer-sentenced-forty-eight-months-federal#:~:text=TALLAHASSEE%2C%20FLORIDA%20%E2%80%93Jimmy%20Lee%20Highsmith,Federal%20Correctional%20Institution%20in%20Tallahassee.>
for sexual abuse. His indictment referred to abuses committed from 2014
to 2018. BOP hired Highsmith as a correctional officer in 2007 and he
began working at FCI Tallahassee in 2010.
Highsmith was indicted on charges involving several prisoners. But a
jury ultimately convicted him on only one count of sexual abuse of a
ward. There was overwhelming evidence surrounding the rape in question,
including eyewitness accounts from staff and prisoners alike and video
surveillance documenting an assault in a staff bathroom, which was so
violent that the woman was taken to the emergency room.
A string of civil suits filed against Highsmith between that time and
his eventual charging in 2021 point to a broader pattern of relentless
abuse and stalking of women at FCI Tallahassee. Two separate
prisoners—identified in case documents only by initials, J.C. and
J.P.—say Highsmith’s rapes were so brutal that they were taken to the
emergency room of a local hospital for treatment. In the case of J.P., a
doctor called the prison warden directly to report the woman’s injuries,
but nothing was done, according to the complaint.
Plaintiff J.C. accused Highsmith of repeated assaults, intimidation, and
stalking. According to a civil suit filed in federal court, another
guard disrupted one of the attacks and brought Highsmith and J.C. to the
lieutenant’s office. J.C. was taken immediately to the SHU. Plaintiff
J.P. was also taken to the SHU after reporting her assault, according to
her complaint. While she was in the solitary confinement wing, Highsmith
was granted a request to work in the isolation unit where she was being
held, the suit states.
“Defendant Highsmith is a serial sexual abuser of BOP inmates.
Highsmith’s practice of raping inmates in FCI Tallahassee’s custody has
been documented, ignored, and/or covered up by the BOP and by officials
and guards at FCI Tallahassee since at least 2014,” the lawsuit filed by
J.C. states.
The civil suits involving both J.C. and J.P. were settled out of court
for undisclosed sums.
At the time those suits were filed, Highsmith had already been the
subject of a joint probe between the FBI and the DOJ’s Office of the
Inspector General in 2014, which had determined that Highsmith had
“likely sexually abused inmates,” according to J.C.’s complaint.
Investigators collected physical evidence and interviewed multiple
alleged victims, in addition to Highsmith and other officers. The
findings were given to FCI Tallahassee’s warden, and Highsmith received
a 10-day suspension. In 2019, he was given a promotion and quietly
transferred to FCC Yazoo City, a federal prison in Mississippi. Among
other new responsibilities, he was tasked with ensuring that complaints
and grievances filed by staff and prisoners were thoroughly investigated.
This sort of response is par for the course in the federal prison
system, according to Goode.
“Most perpetrators are simply transferred or allowed to retire once the
system is no longer able to cover up the abuse,” she said.
In 2012, Corlis Ranew, a guard at FCI Tallahassee, pleaded guilty to two
counts of “sexual abuse of a ward.” He was sentenced to three years of
probation and six months of house arrest. Ranew never saw the inside of
a prison cell, other than those he presumably visited to target his prey.
‘Turning a Blind Eye to Abuse’
Shaquila Bumpass arrived at FCI Tallahassee in 2018 after being
transferred from FPC Alderson, a federal women’s prison in West
Virginia. While at Alderson, Bumpass was among a group of women who had
been sexually assaulted by BOP captain Jarrod Grimes, who was convicted
and sentenced in 2019
<https://www.justice.gov/usao-sdwv/pr/former-federal-prison-official-sentenced-sex-offenses>
on multiple rape and sexual assault charges.
Shortly after Bumpass’s arrival at FCI Tallahassee, her nightmare would
be repeated. In late September 2018, a physician’s assistant named Paul
Rolston ordered Bumpass down to the medical unit and informed her that
she was to be given a pelvic exam and Pap smear, according to
allegations contained in a 2021 lawsuit filed against Rolston and
Nakamoto Group Inc., a federal contractor that has been named in a
series of lawsuits over the past decade alleging neglect in its
inspections of detention facilities across the country. Bumpass said she
had not requested this testing and insisted she did not need it.
Rolston proceeded to perform a standard Pap smear with a speculum. But
then he “shoved two fingers into Ms. Bumpass’ rectum without warning,”
states the complaint, which has not been reported on publicly before. He
then “abruptly proceeded to conduct an unconsented breast exam,” which
consisted of “pinching her nipples while rubbing his erect penis against
her right arm.” When Rolston noticed that Bumpass was crying, “he asked
her if she had psychiatric problems,” according to the suit. Rolston
also asked if she had been sexually assaulted in the past—seemingly an
assertion that Bumpass was overreacting to his violations because of her
own mental instability. This appears to follow a well-known gaslighting
tactic employed by sexual abusers, which they use to shift blame onto
the victim.
Bumpass was one of four plaintiffs named in that 2021 suit against
Rolston. Each woman offered eerily similar descriptions of his alleged
abuse. One of the women reported that she “flashed back to sexual abuse
she suffered as a child” during the attack. This sort of “triggering”
response often causes traumatized individuals to regress and revert to
old survival patterns, such as dissociating from their bodies or going
into a primal fight, freeze, or flight mode, which may have helped them
survive earlier attacks.
Research has found
<https://www.nsvrc.org/sites/default/files/publications_NSVRC_ResearchBrief_Sexual-Revictimization.pdf>
that perpetrators of sexual abuse often take advantage of these
tendencies by seeking out victims who have suffered past abuse, in hopes
that they will be easier targets, or less likely to fight back or report.
In 2022, attorneys in the women’s lawsuit against Rolston and Nakamoto
reached a settlement agreement. Although Nakamoto settled for an
undisclosed monetary sum, Rolston was not found culpable. But this
wasn’t the first time he had faced these sorts of allegations. Rolston
has been named in at least four civil suits involving allegations of
sexual misconduct dating back as far as 2014.
Starlet Kizer, who is currently incarcerated at FCI Tallahassee, told
The Appeal that she’d also had one encounter with Rolston, in which he
insisted on giving her a Pap smear even though she was seeking treatment
for an ear infection. Although Kizer did not believe the procedure was
necessary, she said it didn’t feel like an assault, and that Rolston
eventually gave her antibiotics for her ear.
Plaintiffs, along with supportive testimony from other prisoners and
even nurses named in the lawsuits against Rolston, describe his alleged
attacks as becoming more violent and brazen over time. In later cases,
incarcerated women claim Rolston would not even hesitate before shoving
two unlubricated fingers into their rectums, sometimes clawing or
digging at the insides of their vaginas or rubbing their clitorises—an
act with no possible medical purpose. The actual medical issues for
which the women sought assistance were rarely or never addressed,
according to the complaints.
One suit alleged that Rolston was allowed to continue working around his
victim “as a security officer with a loaded gun” even after she had
officially reported his abuse.
The nature of Rolston’s attacks became so widely known that women
developed a specific hand code for him, which mimicked the fashion in
which he would penetrate women in his exam room, according to one suit.
James V. Cook, a Tallahassee-based civil rights attorney, represented
Bumpass and the other women in their 2021 suit. He also represented a
prisoner named Ashley Barnett in another civil suit against Rolston in
2020 brought by five named women—and several other unnamed
prisoners—whom he had allegedly abused while they were incarcerated at
FCI Tallahassee.
In the complaint for damages in Barnett’s suit, Cook alleged that FCI
Tallahassee officials were “well aware of numerous other sexual assaults
on inmates by prison employees.” But the prison “had an informal policy
of turning a blind eye to abuse and leaving suspected abusers in a
position to continue their abusive conduct,” the lawsuit claimed.
By 2020, Rolston and former BOP guard Jimmy Lee Highsmith had each
“sexually abused roughly a dozen known women,” according to the lawsuit.
But Cook told The Appeal that the number of victims could easily be higher.
Over the course of nearly 20 years, Cook said he and his law partner
Rick Johnson have taken on more than a dozen different lawsuits
involving allegations of sexual abuse by staff at FCI Tallahassee,
including cases against both Rolston and Highsmith. One of Cook’s first
cases, in 2003, involved a woman who was raped by Officer Jeffrey
Linton. Linton was criminally convicted but received only probation.
In these cases, Cook says, it is common for additional women to come
forward to support allegations even when the two-year statute of
limitations for them to file legal complaints has passed—meaning they
are not eligible to seek compensation themselves. But others likely
choose to remain silent, either because they have not yet processed
their own trauma or because they determine it is not worth risking
ongoing retaliation by going public.
Over the past year alone, Cook and Johnson have won roughly $1 million
in settlements for women at FCI Tallahassee. Like the cases against
Rolston, most have been settled out of court, Cook said, which has
allowed the government to avoid admitting harm. Some settlements
involving private entities have also included nondisclosure agreements
that bar victims from speaking out publicly.
Incarcerated women say Rolston’s ability to skirt more meaningful
accountability speaks to the broader culture of cover-up at FCI
Tallahassee. Some describe this as a function of a “green wall” of
silence in federal prisons, similar to the “blue wall”
<https://www.nytimes.com/2019/06/03/learning/editorial-winner-breaking-the-blue-wall-of-silence-changing-the-social-narrative-about-policing-in-america.html>
seen in policing—prison guard uniforms were traditionally green. In some
cases against Rolston, for example, female staff and nurses testified
that he had acted in a professional manner and did not abuse women
during treatments. In one trial, jurors ruled against the plaintiffs
after this sort of testimony.
Indeed, under BOP regulations, a woman staffer must be present when a
male provider performs breast or pelvic examinations, except in
emergency situations. But federal women’s prisons operate under a “sense
of patriarchal entitlement,” said Cook. He recalled encountering this
environment as far back as 2003, during his first suit against BOP.
“Barriers between guards and women prisoners were illusory. Women who
came forward were treated badly. Investigations were halfhearted.
Whistleblowers had their careers sabotaged. Nothing changed,” Cook said.
Despite the lengthy list of allegations and lawsuits against Rolston, he
remains employed at FCI Tallahassee, but has since been moved to the
male facility, according to a BOP spokesperson.
us capitol building
Last December, U.S. senators on the Permanent Subcommittee on
Investigations hosted a hearing on Capitol Hill into sexual abuse at
federal women’s prisons.
Louis Velasquez via Unsplash
‘Something Has to Change’
In a July 2021 Prison Rape Elimination Act audit
<https://www.bop.gov/locations/institutions/tal/TAL_prea.pdf>, FCI
Tallahassee received stellar marks from a contractor with PREA Auditors
of America, an LLC that has since rebranded as Corrections Consulting
Services. The facility had met or exceeded all 45 standards established
under PREA, the auditor concluded. Under federal guidelines, FCI
Tallahassee will not be audited again until 2024.
Although the most recent report noted that “the facility had zero
grievances of sexual abuse” filed during the previous year, it did
document a total of six allegations of sexual abuse in that time. Three
complaints were found to be unsubstantiated, according to the report,
meaning investigators did not find enough evidence to prove or disprove
the allegation. The auditor documented three ongoing criminal
investigations into staff abuse of prisoners, all “related to a class
action lawsuit against one staff member.” Due to the active status of
the probes, however, the report provides little information about the
nature of these allegations or whom they were against.
The 2021 audit is, in essence, a complete whitewash, according to
accounts from incarcerated sources. But FCI Tallahassee did not get away
totally unscathed. Among other issues, the report documented
deficiencies around processes for prisoners to report sexual assault. In
random interviews with 34 incarcerated people, the auditor concluded
that “none were aware of the outside reporting entity”—the Office of the
Inspector General. The auditor gave the facility a passing grade on this
standard, however, writing that “this information is posted throughout
the unit, found in the inmate handbook and is on the inmate computer
system.”
There was also confusion around the “level of confidentiality” prisoners
could expect in calls to the toll-free rape crisis hotline numbers
posted around FCI Tallahassee. While most interviewees reported that
“they believed that any contact with these services would be
confidential,” the auditor clarified that under BOP policy,
“confidential is not the same as privileged communication and as such
communication is monitored consistent with security practices.”
Additional “information related to limits of confidentiality” was not
available, according to the report. In other words, while calls to these
outside agencies are officially considered “confidential,” they are
still monitored—likely unbeknownst to some callers.
In a written statement to The Appeal, a BOP spokesperson said that while
all “general phone calls” are subject to monitoring, prisoners “may
request an unmonitored telephone call through their unit team staff that
would allow them to call either their attorney or [a rape crisis
hotline] directly.” But this assumes prisoners are aware that they would
have to specifically request an unmonitored call in order to avoid
surveillance.
The failure of the latest PREA audit to capture problems of sexual
assault at FCI Tallahassee reflects a much longer-standing issue at the
prison. Before 2021, the facility had contracted with Nakamoto Group for
its PREA auditing services. Nakamoto has been named in a string of
lawsuits over the past decade alleging neglect in its inspections of
detention facilities across the country. The 2021 civil suit filed by
four FCI Tallahassee prisoners against Rolston also named the Nakamoto
Group, accusing the company of “consistently fail[ing] to conduct
thorough examinations of critical facility functions” during audits
dating back to at least 2014.
Even when sexual abuse by staff is identified in federal prisons,
individuals are rarely held accountable. According to the most recent
data from the BJS, prison staffers identified as “perpetrators” of
sexual misconduct ultimately pleaded guilty or were convicted,
sentenced, or even fined in only 6 percent of cases. The study, which
covered substantiated incidents in state and federal prisons between
2016 and 2018, appears to point to a pattern of impunity around issues
of sexual violence.
Last December, U.S. senators on the Permanent Subcommittee on
Investigations hosted a hearing on Capitol Hill during which they
unveiled the results of a bipartisan eight-month probe into the abuse of
women in federal prisons.
“Our findings are deeply disturbing and demonstrate, in my view, that
the BOP is failing systemically to prevent, detect, and address sexual
abuse of prisoners by its own employees,” said Senator Jon Ossoff, the
Georgia Democrat who led the investigation, during opening remarks.
The event featured chilling testimony
<https://www.hsgac.senate.gov/subcommittees/investigations/hearings/sexual-abuse-of-female-inmates-in-federal-prisons-/>
from three survivors of sexual violence in various BOP facilities who
recounted being targeted, manipulated, and raped by staffers who left
them feeling traumatized and powerless.
“Because of his position, my attacker could and did access my personal
history files, recordings of my telephone calls, and personal emails,
giving him additional leverage to extract sexual favors and threaten my
safety,” testified Linda De La Rosa, who was among at least four women
who faced sexual assault at the hands of a correctional officer at FMC
Lexington, in Kentucky.
The event set the stage for the passage of a bill requiring BOP to
upgrade and repair surveillance camera systems at federal prisons, which
President Joe Biden signed into law in late December. Broken prison
cameras are “enabling corruption, misconduct, and abuse,” Ossoff, the
bill’s sponsor, said at the time
<https://www.ossoff.senate.gov/press-releases/sen-ossoffs-bipartisan-bill-to-strengthen-security-at-federal-prisons-becomes-law/>.
While the focus on cameras may strike some as a commonsense measure to
improve transparency in federal prisons, the legislation appears to
follow arguments similar to those made in favor of police body cameras
over the past decade. Yet the proliferation of these devices appears to
have done little to slow police violence and misconduct, with law
enforcement killings reaching at least a 10-year high
<https://www.theguardian.com/us-news/2023/jan/06/us-police-killings-record-number-2022>
in 2022. Critics often note that police ultimately have control over
whether cameras are turned on during critical incidents. They’ve also
expressed concern about the lack of independent oversight around
recorded footage—an issue that seems likely to arise in prisons as well.
The DOJ has also stepped up its response amid the Senate investigation,
announcing in November
<https://www.justice.gov/dag/page/file/1549051/download> that it was
taking “immediate action to crack down on sexual misconduct by federal
prison employees and improve handling of complaints.” A month before,
the DOJ inspector general went so far as to issue a warning
<https://www.justice.gov/dag/page/file/1549051/download> expressing
concerns that the BOP was “regularly excluding inmates’ testimony in
administrative misconduct investigations.”
Deputy Attorney General Lisa Monaco has also supported//the early
release of incarcerated women who have endured sexual assaults behind
bars and made other recommendations, including pushing BOP to establish
stricter policies to prevent sexual harassment both by and against staff.
Women at FCI Tallahassee say they welcome the recent attention in
Washington toward sexual abuse in federal prisons. But some remain
highly skeptical of whether the resulting action will come close to
meeting the scale of the problem. There was only a fleeting mention of
FCI Tallahassee in the Senate report. The subcommittee investigation
identified only four BOP facilities in the past decade where “multiple
male BOP employees sexually abused multiple female prisoners under their
supervision,” and FCI Tallahassee was not listed among them.
Ultimately, the endemic sexual violence and coercion in women’s prisons
is just one symptom of the much broader culture of desperation, fear,
and repression that these facilities cultivate.
In the month before the Senate hearing last December, The Appeal tried
to locate Rachel Padgett at FCI Tallahassee to discuss the current
situation at the prison. After days of silence, another incarcerated
woman was able to confirm that Padgett had been granted a sudden release
from the prison in September under the federal Coronavirus Aid, Relief,
and Economic Security (CARES) Act
<https://www.federalregister.gov/documents/2022/06/21/2022-13217/home-confinement-under-the-coronavirus-aid-relief-and-economic-security-cares-act>.
While the CARES Act has allowed Padgett and thousands of other
minimum-security prisoners to serve out portions of their sentences on
home confinement or in halfway houses, her release came with a major
caveat: no contact with the media without approval from BOP. Considering
the high degree of surveillance at FCI Tallahassee, it seems possible
that Padgett’s conversations with The Appeal about sexual abuse may have
contributed to her rapid release, which barely gave her a chance to say
goodbye to her friends.
Although Padgett’s printed communications with The Appeal took place
before the media ban, while she was still incarcerated at FCI
Tallahassee, it is clear that BOP’s threats have served their intended
purpose. The BOP has sought to punish
<https://www.forbes.com/sites/walterpavlo/2021/02/06/inmate-on-home-confinement-spoke-out-on-bureau-of-prisons-policy-and-ended-up-back-in-prison/?sh=3a13acc855ba>
at least one other CARES Act beneficiary for exercising her First
Amendment rights to free speech while out on home confinement, and
Padgett has understandably been worried about anything that could land
her back at Tally.
“The Bureau of Prisons is rife with misconduct, corruption, violence,
and abuse, which has been well-documented by recent congressional
hearings and media investigations,” said Liz Komar, sentencing reform
counsel for The Sentencing Project. Komar called attention to a host of
other issues organizers and advocates raised to BOP Director Colette
Peters in an open letter
<https://www.sentencingproject.org/advocacy-letter/formerly-incarcerated-people-and-advocacy-organizations-urge-reform-of-us-bureau-of-prisons/>
last September.
Without intervention, women say it is unlikely that officials at FCI
Tallahassee will turn around its oppressive and unlawful environment of
their own volition.
“The conditions keep deteriorating at the federal facilities, staff are
overworked, they can’t afford to feed us humanely, prices at commissary
are so high that most are a burden to their families,” said Tiffany
Arnold, who is currently pursuing her next compassionate release
petition in hopes of obtaining relief from the two life sentences she is
still facing.
“The system is broken and so many would have benefited from
rehabilitation, not imprisonment,” she added. “Something has to change.
Things cannot continue to decline at this rate.”
/Correction: A previous version of this story misattributed a quote to
Liz Komar of The Sentencing Project./
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