Lawsuit: Protecting People with Disabilities from Abuse and Retaliation in Prison
J.B., a young adult in custody at Coffee Creek Correctional Facility was sexually assaulted regularly for more than two months by Correctional Officer Levi Gray and continues to live at CCCF with serious and persistent psychiatric disabilities. With a horrid history of physical and sexual abuse dating back to childhood, she suffers from extreme Post-traumatic stress disorder as a result.
While there is a criminal case against Officer Gray and he has been dismissed from the Oregon Department of Corrections (ODOC), this lawsuit alleges the prison used cruel and unusual punishment, failed to provide medical care, and continues to hold J.B. in a dangerous setting—all in violation of the 8th Amendment of the U.S. Constitution. Furthermore, the prison continues to violate the 1st Amendment by retaliating against J.B., abusing a grievance process, and refusing necessary medical care and counseling.
The lawsuit seeks compensatory and punitive damages, attorneys' fees, and an injunction that requires ODOC to place J.B. in an appropriate setting where treatment and therapy can be provided. Co-counsel in this case is Lynn Walsh, a noted expert in the rights of those incarcerated in Oregon’s prison system.
Press Releases
Background
A Gender Informed Practices Assessment commissioned by lawmakers in 2022 found sexual assault is a prison-wide problem at Coffee Creek Correctional Facility.
While aware of the problems, ODOC has yet to fix them. The Department’s own 2022 Annual PREA Report notes CCCF had among the highest number of substantiated and unsubstantiated PREA reports for sexual abuse and harassment, as well as the most ongoing investigations. Some facilities are larger, yet CCCF still had the highest volume of lawsuits and individuals involved.
According to the Bureau of Justice Statistics:
One in 5 people in U.S. state and federal prisons have a serious mental illness.
Nearly 2 in 5 people incarcerated have at least one disability.
Women are more than twice as likely than men to be sexually assaulted in prison, per the National Library of Medicine.
In 2015, President Barack Obama forcefully spoke out against rape in prison, “We should not be tolerating rape in prison.… These things are unacceptable.”
Media Coverage
December 28, 2023: Coffee Creek inmate sues corrections agency amid criminal case
