State Pays $295,000 To Male Inmate Kept In Women’s Prison

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Photo is not from story. (Photo by MATTHEW HATCHER/AFP via Getty Images)

Photo is not from story. (Photo by MATTHEW HATCHER/AFP via Getty Images)

Oregon officials have agreed to resolve a federal civil rights case by paying $295,000 to an inmate who said he was repeatedly abused after being housed with known sex offenders in men’s prisons.

The prisoner, Zera Zombie, is a biological male who identifies as a transgender woman and is now held at Coffee Creek Correctional Facility, the state’s women’s prison. According to reports, the settlement includes $95,000 in damages and $200,000 to cover legal fees.

Zombie, 41, whose legal name is Daniel Lee Smith, is serving a 35-year sentence stemming from a 2014 case involving a first-degree manslaughter conviction in the death of Samantha Brown, along with a first-degree assault conviction tied to an attack on another inmate at the Umatilla County Jail.

Although identified as female in correctional records and in the lawsuit, Zombie was previously housed in men’s facilities, including the Oregon State Penitentiary and the Oregon State Correctional Institution. Court filings state that he began hormone treatment in 2020 and started pursuing gender-affirming surgery in late 2022.

The lawsuit, filed in 2021, centers on claims that prison officials failed to protect him from abuse. Zombie alleged that in October 2020 he was placed in a cell with a man serving a lengthy sentence for violent crimes against women. He said the cellmate repeatedly threatened and assaulted him, and that a correctional officer dismissed his concerns.

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The complaint further alleges that staff did not take appropriate action despite being informed of the situation. Zombie also reported harassment from other inmates during that period.

After being transferred to Two Rivers Correctional Institution in 2022, Zombie said he was again assigned to share a cell with another prisoner convicted of sexual abuse. He claims that he was subjected to repeated sexual assaults there as well, and that prison officials failed to intervene or provide required counseling. Even after being moved to a different cell, he said he still had to encounter the same inmate during meals and medication distribution.

In 2023, U.S. District Judge Ann Aiken issued a temporary restraining order to prevent further harm after reviewing the allegations of repeated abuse. While the judge declined a request to move Zombie to a women’s prison at that time, she ordered the Department of Corrections to treat him as a vulnerable inmate, house him alone, and ensure he would not have to undress or shower in front of male prisoners or staff.

State records indicate Zombie is scheduled to remain in custody until June 2049.

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