Lawsuit alleges prison guards sexually abused Fayette County inmate

An inmate at SCI Fayette is suing five officers, alleging they sexually abused him and then forced him to cut off his dreadlocks in retaliation when he complained.

Abdul Murray, 40, has been at the state prison in La Belle since June 2015 and served as a block worker and peer assistant who helped disabled inmates navigate the facility until 2018. He has convictions for robbery and illegal gun possession from Philadelphia.

Murray filed the lawsuit in federal court in Pittsburgh against Lt. Robert Jones; Sgt. Justin Bourquin; three officers whose first names are unknown; and Cosmetologist Carrie Holman.

Claims include violations of the Eighth Amendment protection against cruel and unusual punishment; illegal search and seizure; harassment; battery; assault; retaliation; conspiracy; intentional infliction of emotional distress; failure to intervene; and a violation of his right to free exercise of religion.

Murray’s complaint against the officers under the Prison Rape Elimination Act, the lawsuit said, triggered “a campaign of retaliation by prison officials… culminating in the forcible removal of Mr. Murray’s dreadlocks, which he maintained in accordance with his longstanding adherence to Rastafarianism and had grown for nine years,” the lawsuit said.

The Department of Corrections does not comment on pending litigation, an agency spokeswoman said.

According to the complaint, on Oct. 6, 2018, Murray and his cellmate were in their cell waiting to be escorted to the showers. Bourquin, a guard, arrived and ordered Murray and Miller to take off their clothes and pass them through the tray slot in the door to be inspected as was normal practice.

Murray did as he was told, the lawsuit said, and then stood a few inches from the door way while Bourquin examined his clothing and then passed it back.

“As he bent over to put the underwear on, he saw CO Bourquin, without warning or explanation, reach his hand and arm through the tray slot towards Mr. Murray’s buttocks and anus,” the complaint said, causing Murray to “jump forward in surprise.”

When Murray asked Bourquin why his hand was in the cell, the man did not answer. Instead, he ordered Murray to jump up and down while unclothed.

“Mr. Murray stopped when he noticed CO Bourquin laughing, jeering and whispering to [another officer] while pointing at Mr. Murray’s naked body,” the lawsuit said.

Bourquin then ordered Murray to run back and forth in front of the cell. When Murray objected, Bourquin told him to comply or face discipline, the complaint continued. Bourquin forced him to continue running for a period of minutes.

The officer also ordered Murray to dance, including to “twerk,” the complaint said.

“‘Bend further. I can’t see anything,’” the complaint states Bourquin said.

As Murray did so, he saw the officer put his hand and arm through the tray slot a second time, with Bourquin’s fingers touching Murray’s arm.

“Mr. Murray immediately stood up. As if nothing had just occurred, CO Bourquin told Mr. Murray and [his cellmate] it was time to shower,” the lawsuit said.

When they returned from the showers, Murray asked Bourquin to speak to the lieutenant on duty.

When the officer asked why, Murray answered “’Because you weren’t supposed to be doing that, and I’m gonna report you.’”

The lawsuit alleges that officers then initiated an investigative cell search, with Bourquin falsely reporting that Murray had contraband.

After the search, officers alleged they found contraband and that both Murray and his cellmate would be written up.

When his cellmate objected and became upset, officers sprayed mace into the cell and then removed both men.

Murray was moved to a feces-covered cell, the complaint said, and that night began suffering severe, painful headaches.

Previously diagnosed with post-traumatic stress disorder, Murray had extreme anxiety and difficulty sleeping and eating.

The lawsuit said that Murray filed a Prison Rape Elimination Act complaint on Jan. 31, 2019, detailing the alleged abuse. The complaint said that under DOC policies and procedures, as well as the Constitution, “Ordering an unclothed inmate to dance in a sexual manner without a legitimate penological purpose or legal justification, or with the intent of satisfying sexual desire or harming the inmate,” is a violation.

About a week later, Murray was told by prison officials that the allegations did not meet the criteria for such an investigation. However, two months later, the DOC central office overturned that decision and ordered SCI Fayette to conduct a full investigation.

On May 21, during the PREA investigation, the lawsuit said Murray was forced to cut off his dreadlocks, which he had grown since 2010. He received an exemption on religious grounds to the DOC grooming policy in December 2015.

When Murray objected to the order to get his hair cut, Lt. Jones said to him, “‘I don’t care about your religious rights. This is what you get for filing a report against one of my officers,’” the lawsuit said.

Murray was told if he didn’t cut his hair, he would be sent to “the hole.”

When Murray objected to another officer, the lawsuit said that the sergeant replied, “‘I don’t know why Lieutenant Jones is doing this. You have your paperwork. You’ve had this hair for some time. He had no right to do that, but there’s nothing we can do about it, because he’s higher up. So I suggest you just go and cut your hair.’”

Facing at least 30 days in restrictive housing, Murray cut his hair.

On July 2, 2019, Murray received notice that the PREA investigation had concluded and that the allegations he made were unsubstantiated, the lawsuit said.