How federal prison guards stop lawsuits before they start

by | Jul 13, 2026 | Top Stories

An investigation by The Marshall Project and NPR examined how the federal prison grievance system functions as a barrier to accountability for abuse. The case of J.M., an incarcerated man at a California penitentiary, illustrates the systemic obstacles faced by prisoners attempting to report violence and misconduct.

In November 2023, J.M. was assaulted by correctional officer Sandra Munagay, an incident captured on video that led to Munagay’s guilty plea to falsifying records. However, the alleged more severe harm occurred in areas without camera coverage, where J.M. claims multiple officers beat and sexually assaulted him. Medical records documented injuries consistent with his account. Despite this evidence, J.M. faced significant difficulties attempting to report the incident through official channels.

Federal law requires incarcerated people to exhaust an administrative remedy process before filing civil rights lawsuits, effectively giving prison staff control over court access. Data analysis revealed that less than 2 percent of federal prison grievances filed in 2023 were granted, with most rejected for procedural reasons. An unknown number of cases involving violence go unreported entirely, as the same officers accused of abuse can prevent complaints from being filed. The Government Accountability Office found that fear of retaliation significantly impedes reporting of sexual abuse in federal facilities.

The procedural barriers are substantial. Incarcerated people must obtain forms from prison staff, complete them within 20 days of incidents, and submit them through chain-of-custody processes controlled by employees. Officers have refused to provide forms, confiscated completed grievances, and transferred prisoners before cases could proceed. For those in isolation or with disabilities, the process becomes even more difficult. Even when grievances are filed, missing documentation or procedural errors can result in dismissal, requiring individuals to restart the entire process.

Retaliation for attempting to report abuse remains widespread despite bureau policies prohibiting it. Prisoners report harassment, assault, solitary confinement, and property confiscation after filing complaints. At some facilities, staff have publicly quoted prisoners’ grievances to discourage others from reporting. The atmosphere of fear is compounded by the reality that alternative reporting channels, such as notifying inspectors general or outside agencies, feel unsafe when all communication occurs within the prison system controlled by potentially abusive staff. J.M.’s case remains ongoing, while criminal charges were brought only against the officer, not those allegedly involved in the sexual assault.

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