Judge Orders Specialized Medical Care for Injured Inmate After Oregon Prison Guard Incites Attack

PENDLETON, Ore. — An Oregon correctional officer allegedly facilitated an attack on a prisoner at the Eastern Oregon Correctional Institution, resulting in severe and lasting injuries, according to a recent court ruling. The incident, which took place last year, suggested lapses in the standards of prisoner protection and medical care by the Oregon Department of Corrections (ODOC).

The controversy began on April 18, 2022, when Correctional Officer Jorge Morfin was reported to have made statements that led other inmates to target sex offenders within their unit. Richard Michael Fay, who in 2017 had pleaded guilty to charges including the use of a child in sexually explicit conduct in Jackson County, was among those violently assaulted following Morfin’s alleged comments.

Details from a Umatilla County Circuit Court document reveal that Fay suffered catastrophic injuries from the assault on June 2, 2022. These injuries included a traumatic brain injury, multiple rib fractures, and severe chronic pain. The attack was so brutal that Fay was left unable to move and required hospitalization. According to medical assessments, his injuries have led to persistent neurological issues and spinal complications requiring surgical intervention.

In his ruling, Judge Robert Collins Jr. highlighted the egregious nature of the incident, stating that Fay’s injuries were directly linked to the intentional actions initiated by the correctional officer. Judge Collins condemned the lack of adequate medical treatment provided to Fay following his injuries, describing it as a breach of constitutional rights against cruel and unusual punishment.

Despite these serious allegations, Morfin remains employed at the facility, a fact confirmed by Amber Campbell, a spokesperson for ODOC. The Department of Safety, Standards and Training, the body responsible for licensing law enforcement and correctional officers, also lists Morfin’s work status as active without any disciplinary action.

The case underscores ongoing concerns about the management and operational protocols within the Oregon Department of Corrections. Fay’s legal representative, Tara Herivel, criticized the department for its apparent indifference to such misconduct by its staff, suggesting a troubling complicity in criminal activities against inmates.

Herivel’s remarks brought to light a broader issue of how correctional facilities and their staff deal with vulnerable populations, including those convicted of sexual offenses. She argued that the incidents reflected a grave departure from the intended punitive measures of incarceration, crossing into unlawful and harmful mistreatment.

Amidst these developments, efforts to address and rectify the failures in the system remain to be seen. The Oregon Department of Corrections has reiterated its commitment to the safety and rehabilitation of all individuals in its custody, promising serious attention to incidents like the one involving Fay.

The court has ordered the ODOC to provide Fay with a comprehensive chronic pain assessment and the necessary surgical consultations to address his medical needs. Meanwhile, the case remains a poignant example of the challenges facing the correctional system in America — challenges that include ensuring the safety of inmates and upholding basic human rights within the confines of prison walls.