A female prison inmate who was given a disciplinary citation for refusing a strip search by two prison guards who identified as transgender had her citation removed recently by the Florida Department of Corrections (FDC), according to a Florida state senator.
State Sen. Keith Perry, a Republican from Florida’s 8th District received a tip in early October that an inmate at Lowell Correctional Institution in Ocala, Florida, was given a citation on her disciplinary record for refusing a strip search from two prison guards who identified as transgender women. The inmate confided in a prison volunteer, who relayed the message to Mr. Perry’s office.
According to the state senator, the prison’s policy is to use female guards to search inmates. Because the two guards identify as transgender women, they were allowed to strip-search female inmates, he said. Lowell Correctional Institution is a women-only state prison in Marion County, Florida.
Mr. Perry’s office contacted a representative from FDC, which confirmed the tip. These citations affect when inmates can pursue recreation time and other privileges.
Although the prison accepted the inmate’s refusal and agreed to reassign the guards to different posts so new guards could initiate the search, the inmate received a citation for the request, according to Mr. Perry. The state senator received a call from the secretary of the FDC, Ricky D. Dixon, confirming the inmate’s allegations.
“The secretary said the first thing he did was have the warden remove the disciplinary report from this lady’s record. And he had a talk with the warden” to reassign the transgender-identifying guards, Mr. Perry said.
A representative from Lowell Correctional Institution couldn’t be reached for comment.
Mr. Perry said he’s concerned that the FDC’s resolution addressed only the concerns of the inmate who complained and not the potential concerns of other inmates who might share her feelings regarding guards assigned to strip searches.
“I think what’s important is, is this ongoing? Is the problem solved or temporarily solved?” he said.
Representatives from FDC didn’t respond by press time to requests by The Epoch Times for comment.
The senator said he would pursue legislation in Tallahassee to address prison inmate concerns statewide but that this isn’t the first instance of alleged misconduct at Lowell Correctional Institution.
DOJ officials concluded that conditions inside the prison violate the Eighth Amendment of the U.S. Constitution by failing to “protect prisoners from sexual abuse by the facility’s staff.”
In a 2020 DOJ statement, Eric Dreiband, assistant attorney general for the Civil Rights Division, explained the allegations.
“Prison officials have a constitutional duty to protect prisoners from harm, including sexual abuse by staff,” Mr. Dreiband said.
“Sexual abuse is never acceptable, and it is not part of any prisoner’s sentence. Our investigation found that staff sexually abused women incarcerated at Lowell and that these women remain at substantial risk of sexual abuse by staff.
“Our investigation also found that sexual abuse is frequent. This systemic misconduct means that many women suffer abuse. In addition, prisoners are discouraged from reporting sexual abuse, and investigations of sexual abuse allegations are inadequate.
“This illegal and indecent treatment of women must end, and the Department of Justice will not tolerate it.”
U.S. Attorney Maria Chapa Lopez for the Middle District of Florida echoed Mr. Dreiband’s sentiments.
“This investigation represents a first step towards putting an end to sexual abuse at the Lowell Correctional Institution, and we look forward to working with the State of Florida in finding tangible, effective solutions,” she said.
The DOJ’s investigation was conducted through the Civil Rights of Institutionalized Persons Act, which allows the DOJ to address “a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities,” according to the DOJ statement.
