Pro Bono Innovators 2025 Honoree Arnold & Porter

Arnold & Porter’s key matters include representing female inmates at the Federal Correctional Institute-Dublin in CCWP vs. Bureau of Prisons, along with co-counsel Rosen Bien Galvan & Grunfeld, Rights Behind Bars, and California Collaborative for Immigrant Justice. In this class action, the firm and co-counsel won the court-ordered appointment of the first special master in the history of the Bureau of Prisons in March 2024. The firm separately helped obtain the largest collective damages award ever for sex abuse claims by incarcerated individuals at a federal facility, in a $115.8 million settlement in Dec. 2024. Arnold & Porter also successfully represented 11 survivors and a witness in the court-martial of former Army Maj. Jonathan Batt, who was convicted and sentenced to 53 years in military prison on sex assault and battery charges in June 2025. How did your firm strategize on these matters?

FCI Dublin matter: These cases exemplify how coalition building and organizing by survivors, media attention, and strategic litigation can be used to obtain significant settlements. There was significant media attention on the Bureau of Prisons surrounding FCI Dublin leading up the filing of the complaint due to the arrest and conviction of the former warden and numerous members of his staff for sex crimes. That scrutiny was multiplied after a week long evidentiary hearing exposed significant and persistent constitutional violations at Dublin, despite the bureau’s claimed overhaul of Dublin’s administration.

We worked closely with our co-counsel to strategize on how to best amplify the voices of our clients, who came forward as a result of years of organizing and engagement by our organizational plaintiff. We managed to present their stories in an empowering manner while these brave class members faced live threats of retaliation each day of the hearing, leading to entry of the preliminary injunction. The coalition also worked hard to ensure public scrutiny did not let up on the bureau.

As just two examples, US Sen. Cory Booker and others wrote the bureau in April 2024 demanding “immediate action” to ensure that the those incarcerated at “Dublin are afforded the care, dignity, and respect to which they are entitled.” That letter was followed by another in June 2024, signed by more than 20 senators and members of Congress demanding answers about the constitutional treatment of those previously incarcerated at Dublin. We continue to hold the bureau accountable via enforcement of the consent decree.

Fort Meade matter: Drawing upon our extensive experience representing victims of sexual assault in the military and recognizing that serving as victims counsel requires an ability to both aggressively assert our clients’ rights and to lead with empathy, we identified very early in our work for this case that we would need several resources for our clients, including support from attorneys from other law firms, victim advocates, and experts to assist in the representation of these women. The goal of victim’s counsel is to empower our clients, facilitate a positive working relationship with the government, and ensure that our clients’ rights are vigorously asserted throughout the duration of the trial. We put together a team that understood the importance of the work before us, had the empathy and courage to stand by each one of our clients, and to do so in a way that ultimately empowers our clients to feel part of the process towards attaining justice for themselves and fellow survivors.

What were the most innovative aspects of two of your client matters in your view? And who took the lead on driving innovation with the work?

FCI Dublin matter: A federal judge ordered special master oversight of court-appointed changes at FCI-Dublin to remedy years of abuse, retaliation, and medical neglect. Within days of the appointment, BOP abruptly closed FCI Dublin and transferred hundreds of class members to other prisons across the country in inhumane conditions. We successfully defeated BOP’s attempts to dismiss the case through presenting stories of class members at dozens of other facilities who continued to face retaliation and abuse.

Further, under the consent decree, the BOP is legally required to provide extensive remedies related to preventing sexual abuse and retaliation, ensuring access to competent medical care, forbidding the use of solitary confinement for class members with low-level disciplinary charges, and ending abuses related to arbitrary denial of early release. Under the consent decree, the BOP Director must issue a public apology to survivors of abuse at FCI Dublin.

Fort Meade matter: Representing sexual assault victims in the criminal justice system presents unique challenges. Victims who report and move forward with criminal charges are confronted with a myriad of hurdles, including unfamiliarity with a justice system, trauma inducing mental health challenges, and an overall sense of powerlessness. Lawyers representing crime victims often struggle to address these challenges in a way that empowers their clients while also focusing on the complex legal issues.

To help address these issues, our team recruited victim advocates from the Virginia attorney general’s office to assist the clients throughout the month-long trial. These victim advocates were in court every day, providing emotional support, information, and resources in a trauma-informed way.

As a result, the victims were better able to prepare for and testify at trial. Through this partnership, our team was able to focus on the court proceedings and ensuring our clients’ rights were zealously enforced, while knowing our clients were holistically cared for in navigating the justice system.

Tell us more about the impact of these two matters on the local, national, and/or global level.

FCI Dublin: FCI Dublin had a history of skirting accountability for the abuse it inflicted on its incarcerated population. In 1998, the prison was subject to a civil rights lawsuit, resulting in a set of reforms which were later abandoned. In the 2010s, a dozen employees were removed for sexually abusing incarcerated individuals. After a 2022 Associated Press investigation revealed an entrenched culture of abuse, eight prison staff were charged and prosecuted with sex crimes. Yet, the abuse and retaliation continued. With the consent decree, the BOP is now held accountable and subject to ongoing oversight across multiple federal prisons nationwide for two years. The decree acknowledges that the years of abuse experienced by our clients were not isolated incidents, but part of a broader pattern of systemic abuse and harm at FCI Dublin and throughout the BOP. The DOJ also agreed to a $115.8 million settlement for the survivors—the largest award ever for sexual abuse claims by incarcerated individuals. This matter serves as a blueprint for other class action lawsuits and coordinated individual damages suits against BOP abuses of incarcerated individuals.

Fort Meade matter: The successful representation of crime victims in United States v. Batt had both a local and national impact. Locally, the resulting conviction and sentence ensured a rapist was off the street, thus ensuring a generation of women would be safe from the accused.

In partnering with local pro bono organizations, we were able to provide subject matter expertise and real-world guidance to lawyers new to victims’ rights representation — thus expanding the availability of future lawyers in this important but unique area of the law. And finally, the successful conviction sends an important message to members of our military and broader community: reporting sexual assault can lead to positive outcomes and some semblance of justice, encouraging future reporting and promoting deterrence.

Why do you think your team ultimately achieved successful results in these two matters?

FCI Dublin matter: We achieved success in the litigation by working closely with our co-counsel, two prisoners’ rights organizations, and our clients to ensure that the impacted victims had the ability to tell their story.

The motion for preliminary injunction was supported by over 40 declarations, and numerous victims testified in person during the week-long hearing seeking an injunction. Throughout the various hearings in the case, victims joined via phone and video calls from prisons across the country. Under the consent decree, class members have the ability to directly contact counsel and the special master to enforce their protections and to continue to hold the BOP accountable.

Fort Meade matter: Our successful representation is rooted in careful preparation before trial, deep understanding of the law, creativity, and extensive attention to the needs of our clients. Our lawyers prioritized the facts. This allowed counsel to proactively advocate for our clients and work collaboratively with government prosecutors. It allowed us to ensure our clients were fully prepared for trial and sentencing. Knowing the facts and the law ensured that we could foresee potential infringement of our clients’ rights and take steps to mitigate the risk of a violation, and ultimately ensured that our clients were empowered, informed, and protected throughout the lengthy investigation and trial.

Responses provided by Arnold & Porter partner Stephen Cha-Kim and senior associate Carson Anderson for the FCI Dublin matter.

Responses provided by Arnold & Porter counsel Ryan Guilds for the Fort Meade matter.