This much is undisputed: On Nov. 2, 2023, a guard and a prisoner at a federal penitentiary in California got into it over a straw sunhat that the officer had confiscated. The man — identified in court records by his initials, J.M. — walked out of the office, as Officer Sandra Munagay followed him. When he stopped and turned around, Munagay “cocked back … and punched me in my face,” he said in an interview. That is on camera. Munagay admitted to the assault and pleaded guilty this January to falsifying records about it.

But the more severe harm came after, J.M. said, in a hallway without security cameras. As Munagay kicked and hit him, she shouted to other officers that J.M. had attacked her. According to a lawsuit, at least three other guards then rushed in, forced him into a blind spot, and pinned him face-first to a wall. With J.M.’s hands cuffed, he says an officer then sexually assaulted him with an unknown object.

That night, J.M. was transferred to another prison, where a nurse noted bleeding and tenderness in his rectum, medical records show. That gave J.M. more proof than most people behind bars in his situation.

But guards still had near-total control over whether he could file a complaint, or someday sue over what happened to him. J.M. knew they could destroy his paperwork, claim it got lost, or simply deny him the forms he needed. And like he had experienced in other federal prisons, he says, they might punish him for even trying to speak out.

It’s the same dilemma presented to anyone who faces violence in federal prison: Try to file an administrative grievance and risk opening yourself up to retaliation — or stay quiet, endure the abuse, and forgo your chance to someday bring your case to court.

Under federal law, people in prison must go through the facility’s own grievance process before they can attempt to sue. That gives prison staff a “chokehold over access to the courts,” said Colin Prince, a civil rights attorney and former federal defender who is representing J.M. in his lawsuit.

“The guards functionally have power over whether a prisoner can sue them for their own misconduct,” he said. “The entire system is layer upon layer of bureaucratic insulation against accountability. It simply prevents prisoners from getting access to the courts.”