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GEO Group & Trump Admin Part III - Rape “she initiated it”

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Posted on July 17 2019

 

GEO Group Employee on Rape

 

“she wanted it”

If you think I’m unfairly targeting the GEO Group - then you need to ask yourself why. As in why do I continue to focus on this private for-Profit prison?

As in did you really think I’d ignore the TWO DHS-OIG reports that exposed how the overcrowding and most egregiously the three out of four ICE Detention Centers are owned and managed by the GEO Group.

Or that you thought I’d completely ignore the known criminal history of dozens of GEO Group Employees? I mean FFS I embedded the DOJ announcements and numerous Federal Complaints. The level of factual details is pretty much my SOP.

 My grievances towards the GEO Group is also grounded in this 2015 DOJ-OIG Report  

Audit of the Federal Bureau of Prisons Contract No. DJB1PC007 Awarded to Reeves County, Texas to Operate the Reeves County Detention Center I/II Pecos, Texas

This DOJ-OIG Report concluded that the GEO Group had chronic understaffing, under wages for employees and at least $3M wasted in tax payer funds. Also in April of 2015 the DOJ-OIG issued an exhaustive report on the Reeves County Detention Center in Pecos, Texas, available here Additionally in 2015 the DOJ-OIG  audits of the Adams County Correctional Center in Natchez, Mississippi (a BOP facility) and the Leavenworth Detention Center (a U.S. Marshal’s Service facility), which are described here and here, respectively. Which in part explains the 2016 Memorandum, which is discussed in detail here.

 

Did you really think I wouldn’t parlay my legal, lobbying and legislative background and not do a much deeper dive into GEO Group? I mean in Part II - I actually lost count of the GEO Group’s FEC PAC donation and House and Senate LDA disclosures. The GEO Group is truly a case study of what is wrong and deeply broken DC. Meaning they have spent tens of millions in lobbying and political donation which has netted GEO pretty damn near close to $2,000,000,000.00 in Federal Contracts.

I have never been an advocate for PROFIT PRISONS. Nor have I ever supported any Public-Private partnerships. These kind of complex relationships are almost always fraught with serious corruption, bereft of ethics and most importantly GEO Group has a long and disgusting history of Prisoner and/or Detainee Abuse. Yet the GEO Group continues to be awarded HUNDREDS OF MILLIONS of our Tax Dollars in Contracts.  GEO Group is the Megalodon of DC Swamp Creatures.

 

THIS IS THE GEO GROUP 

 

Come on in - the water is warm-ish

 

 

In previous write ups - I’ve repeatedly embedded various litigation matters - since GEO Group’s accession to the For Profit-Prison behemoth they have been sued hundreds of times. So just ICYMI -  in Part I - I embedded numerous Department of Justice cases. Even GEO Group’s own attorneys were sanctioned by the District Court for “discovery abuse” because they withheld evidence but arrogantly tipped their hand during a deposition with Plaintiff Olivarez. GEO Group’s attorneys specifically asked Olivarez about “

In Part II I walked you through the incomprehensible amount of lobbying and donations. The reality is under the Trump Administration for-Profit Prisons have cashed in and they are laughing all the way to the bank. And late last week I followed up with the recent House OverSight Request for Document production from several for-Profit Prison Organizations, all of whom have been awarded hundreds of millions of dollars in Federal Contract Awards. In the July 11th write up I embedded the 2016 Assistant Attorney General Yates’ Memorandum and the BOP Report. Under the directive of the Obama Administration the DOJ ordered BOP to terminate private prison contracts. 

With respect to Plaintiff Olivarez’s claims at the time she was awaiting trial for serious crimes that included gun running aka exportation, she subsequently pleaded guilty Olivarez “for exporting firearms and was sentenced to a federal medical center in Fort Worth, Texas to complete her sentence.”

The point is she was raped and I mean repeatedly raped by a (former) GEO Guard. In Texas prisoners can not consent to any sexual relationship. Because that’s the goddamn law - as a prisoner you can’t give consent but Ms Olivarez was repeatedly raped by a guard and then threatened with “the hole” to ensure her silence. This egregious and heinous act of sexual assault ultimately cause GEO Group to exit their their Maverick County Detention Center Contract.

On July 31, 2015 Olivarez filed a Motion for Sanctions against GEO Group’s two attorneys, for deliberately withholding evidence and “certifying” to the Court they had disclosed all relevant evidence during discovery.

The two GEO Group Attorneys were sanctioned $1,000 by the District Court. The 5thCCOAs affirmed the District Court’s Ruling. 

Olivarez v. GEO Group, Inc., et al, No. 16-50191 (5th Cir. 2016)

 I want you to understand what the GEO Group’s position was, that she “initiated” the “consensual sexual relationship” and therefore her civil rights were not violated, after all of course she “wanted it” and there’s no “rape” ...oh you think I’m sensationalizing the GEO Group’s Official position? I’m not this is what the factual record shows. 

 

Defendants argued, among other things, that Olivarez had “initiated consensual sex” with Valladarez and that the purportedly consensual sexual encounters did not deprive Olivarez of any civil rights under 42 USC § 1983.

 

The 5thCCOAs held

“likely had some impeachment value because they were at least arguably inconsistent with Olivarez’s” deposition testimony, but they also had substantive value because they seemed to suggest Olivarez may have consented to the sexual encounters. “Accordingly, they were, at the very least, in part substantive and the district court did not abuse its discretion in concluding that Appellants were required to disclose”

 

Moreover this is not an isolated incident. What you might not know is the Prison Rape Elimination Act (PREA) of 2003 requires:

 

the Bureau of Justice Statistics (BJS) to carry out, for each calendar year, a comprehensive statistical review and analysis of the incidence and effects of prison rape. PREA further specifies:

”The review and analysis…shall be based on a random sample, or other scientifcally appropriate sample, of not less than 10% of all Federal, State, and county prisons, and a representative sample of municipal prisons.”

 

What you will notice is when you compare 2019 to 2018 data in 2019 there was a heavy emphasis on Juvenile Facilities whereas in the 2018 BJS Report the emphasis appears to be adult facilities. But one interesting data point is 2014 v. 2015 data there was an astronomical increase in prison sexual assault cases/incidents. While inmate on inmate assaults are expected - seeing 46% of sexual assaults guards/staff on inmates is unacceptable and worrisome.

 

This report describes the data collections and developmental activities during 2018 and 2019, particularly BJS's use of the National Survey of Youth in Custody, National Inmate Survey, and Survey of Sexual Victimization to collect multiple measures of the incidence and prevalence of rape and sexual assault in correctional facilities. Each of these collections is an independent effort, and they are not directly comparable. This report meets the PREA requirement to report on BJS's activities for the preceding calendar year by June 30 of each year.

 

PREA Data Collection Activities, 2018

Describes activities during 2017 and 2018 by the Bureau of Justice Statistics to collect data and report on the incidence and effects of sexual victimization in correctional facilities, as required by the Prison Rape Elimination Act of 2003 (PREA) (P.L. 108-79)

Correctional administrators reported 24,661 allegations of sexual victimization in 2015, nearly triple the number recorded in 2011 (8,768 allegations).

Among the 24,661 allegations of sexual victimization in 2015, a total of 1,473 were substantiated, 10,142 were unfounded, 10,313 were unsubstantiated, and 2,733 were still under investigation.

The sharp rise in unfounded or unsubstantiated allegations of sexual victimization coincided with the release of the National Standards to Prevent, Detect, and Respond to Prison Rape in 2012. It reflects improvements in data collection and reporting by correctional authorities, and increased reporting of allegations by inmates.

 

This DOJ-BJS link will take you to all the historical PREA data - it’s a lot of information and I’ve only read 2015 to present. At this point I suppose you’d like to see the GEO Group’s PREA audits?

The Prison Rape Elimination Act (PREA) on-site audit of the Pine Prairie Ice Processing Center (PPIPC) in Pine Prairie, Louisiana was conducted on March 20-22, 2018 by Joseph Rion and Joseph Ehrhardt, PREA Auditors contracted through Creative Corrections, LLC. Joseph Rion was assigned as the lead Auditor and was assigned as the Co-Auditor

Dec 18, 2018 · The Prison Rape Elimination Act (PREA) audit of the Aurora ICE Processing Center (Aurora) was ... by GEO Group Inc. (GEO) and contracted by U.S. Immigration and Customs Enforcement (ICE)

Aug 6, 2018 · The Prison Rape Elimination Act (PREA) Audit for the Aurora ICE Processing Center which is owned and operated by The GEO Group, Inc. (GEO) was conducted on June 26-28, 2018

Aurora facility is operated by GEO Group Inc. (GEO)

This October 2017 contracted by U.S. Immigration and Customs Enforcement (ICE) for the housing of both adult male and female detainees.  - This was the first DHS ICE PREA audit of the facility

May 12, 2019 · The PREA audit of the George W. Hill Correctional Facility was conducted on July 30 – 1 August, 2018 .... courts in Delaware county PA, U.S. Marshal's prisoners, and ICE (Immigration and Customs)

 

 

Below I have embedded all of the DHS/ICE PREA Audits that I could find. Keep in mind these are largely due to previous FOIA request by Law DHS has to publish said reports - I believe the FOIA threshold is >3 requests. It’s a lot of data and I’ve only read the GEO centers - like Aurora, Kearns etc - 

 

 

below I’ve also embedded an interactive map from the good folks at Freedom For Immigrants, I highly recommend you read their statistical data - the stats are - both sobering and informative.

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