PENDLETON, Ore. — A disturbing incident at the Eastern Oregon Correctional Institution has come under judicial scrutiny after a correctional officer allegedly facilitated an assault on a prisoner in 2022, leading to severe injuries. Subsequently, the prison’s medical staff failed to provide adequate care, according to a recent court ruling.
On Tuesday, Umatilla County Circuit Court Judge Robert Collins Jr. ordered that the Oregon Department of Corrections must provide comprehensive medical care to Richard Michael Fay, who suffered debilitating injuries following the attack. The care prescribed includes a chronic pain assessment and a surgical consultation to address the substantial trauma sustained.
According to court documents, the assault occurred shortly after Correctional Officer Jorge Morfin signaled to inmates that violence against known sex offenders, like Fay, was permissible. This green light resulted in multiple targeted attacks within the prison, each leaving victims with varying degrees of physical harm.
On June 2, 2022, Fay was brutally assaulted, sustaining multiple physically traumatic injuries, including a serious concussion, fractured ribs, and spinal damage. Following the attack, Fay’s condition was so severe that he required hospitalization, unable to stand due to the extent of his injuries.
Despite these allegations, Morfin remains employed at the facility, with the Oregon Department of Safety, Standards, and Training reporting his work status as active. This decision comes even though testimony during the trial indicated that Morfin routinely identified the conviction statuses of sex offenders to other inmates, facilitating targeted violence.
Amber Campbell, spokesperson for the Oregon Department of Corrections, stated that the department takes the safety and rehabilitation of inmates very seriously and reiterated their commitment to these principles following the incident.
Medical testimony presented during the trial revealed that Fay’s injuries had caused persistent neurological and spinal issues. An outside medical expert criticized the prison’s medical response, suggesting it fell below the standard care expected in the medical community. He highlighted that Fay’s fractured ribs had not been surgically treated and care for his brain injury was inadequately managed.
Judge Collins condemned the Oregon Department of Corrections for what he deemed as “unconstitutionally inflicted cruel and unusual punishment” by neglecting to provide necessary medical treatment post-assault, indicating a breach of legal and ethical standards of inmate care.
Tara Herivel, Fay’s attorney, commented on the broader implications of the incident, criticizing the systemic failures that allow such violent incidents to occur. She argued that when the prison staff facilitates or ignores violence among inmates, it contributes to a culture of impunity and criminal conduct within the prison system, far exceeding the intended scope of incarceration.
The ruling not only mandates the provision of specialized medical care to Fay but also casts a spotlight on the need for better oversight and accountability within the prison system to prevent such incidents and ensure the safety and rehabilitation of all inmates.