Description: Portland, Oregon criminal defense lawyer represented the Defendant charged with depriving another of right by sexual assault,in violation of 18 U.S.C. 242 and false declaration before a court in violation of 18 U.S.C. 1623(a).

Tony Daniel Klein, 38, of Clackamas County, Oregon, sexually assaulted nine female inmates while serving as a nurse at the Coffee Creek Correctional Family, Oregon's only women's prison.

“The sentence in this case should send a significant message to any official working inside jails and prisons across our country, including those who provide medical care, that they will be held accountable when they sexually assault women inmates in their custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Women detained inside jails and prisons should be able to turn to medical providers for care and not subjected to exploitation by those bent on abusing their power and position. We will listen to and investigate credible allegations put forward by people who are sexually assaulted and, where appropriate, bring federal prosecutions. The Justice Department stands ready to hold accountable those who abuse their authority by sexual assaulting people in their custody and under their care.”

“Today’s sentence sends a clear message that using a position of authority to prey on individuals in custody will never be tolerated by the Justice Department,” said U.S. Attorney Natalie Wight for the District of Oregon. “Holding Tony Klein accountable for his crimes would not have been possible without the courage and resolve of the women he abused and the dedication of our partners at the FBI and Civil Rights Division.”

“We know this prison sentence cannot undo the trauma Tony Klein inflicted on numerous victims, but we hope this brings them one step closer to healing,” said Special Agent in Charge Kieran L. Ramsey of the FBI Portland Field Office. “As a state prison nurse, Klein abused his position and abused multiple women, violating the public’s trust, while doing everything he could to avoid being caught. The investigators and prosecutors should be applauded for their efforts to hold Klein accountable, but we recognize this lengthy sentence is also because of a group of brave women who came forward and helped ensure that Klein was held accountable for being a sexual predator within Coffee Creek Correctional Facility.”

According to court documents, from 2010 until January 2018, Klein served as a nurse at the Coffee Creek Correctional Facility in Wilsonville, Oregon. In his position, Klein interacted with female inmates who either sought medical treatment or worked as orderlies in the prison’s medical unit. Aided by his access to the women and his position of power as a corrections employee, Klein sexually assaulted or engaged in nonconsensual sexual conduct with many female inmates entrusted to his care.

By virtue of his position as a medical provider, Klein was often alone with his victims and assaulted many before, during or after medical treatment. For women who worked in the medical unit, Klein manufactured reasons to get them alone in secluded areas such as medical rooms, janitor’s closets or behind privacy curtains. Klein made it clear to his victims that he was in a position of power over them, and that they would not be believed if they tried reporting his abuse. Fearing punishment if they fought back against or reported his misconduct, most of Klein’s victims submitted to his unwanted advances or endured his assaults.

On March 8, 2022, a federal grand jury in Portland returned an indictment charging Klein with depriving his victims of their constitutional right not to be subjected to cruel and unusual punishment by sexual assault. The indictment also charged Klein with perjury.

On July 25, a federal jury in Portland found Klein guilty of 17 counts of depriving his victims of their constitutional right not to be subjected to cruel and unusual punishment by sexual assault and four counts of perjury.

The FBI Portland Field Office investigated the case.

Trial Attorney Cameron A. Bell of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Gavin W. Bruce for the District of Oregon prosecuted the case. Assistant U.S. Attorney Hannah Horsley for the District of Oregon assisted the trial team.

18 U.S.C. 163(a) provides:

"(a) Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years, or both."

"Deprivation of rights law is the body of law that protects people's constitutional rights from being infringed upon by government officials. This law is particularly important because it protects people from being abused by the police and other law enforcement officers.

The most important law in this area is 18 U.S.C. § 242, which makes it a crime for anyone acting under color of law to willfully deprive a person of any right or privilege protected by the Constitution or laws of the United States. This law is often referred to as the "Deprivation of Rights Under Color of Law" statute.

To be convicted under this law, the government must prove that the defendant:

Acted under color of law, which means that they were acting in their official capacity as a government official.
Willfully deprived a person of a right or privilege protected by the Constitution or laws of the United States.

Examples of rights that are protected by this law include the right to be free from unreasonable searches and seizures, the right to due process of law, and the right to equal protection under the law.

If a person is convicted of depriving someone of their rights under color of law, they can be sentenced to up to 10 years in prison.

In addition to federal law, many states also have laws that prohibit deprivation of rights. These state laws may provide even broader protections than federal law.

If you believe that your rights have been deprived by a government official, you should contact an attorney to discuss your options. An attorney can help you understand the law and your legal rights, and they can represent you in court if necessary.

Here are some examples of deprivation of rights cases:

A police officer who beats a suspect during an arrest
A prison guard who sexually assaults an inmate
A judge who jails someone without due process of law
An immigration official who deports someone without giving them a fair hearing

If you have been the victim of deprivation of rights, it is important to know that you have legal rights and that you can take action to protect yourself. An attorney can help you understand your options and advocate for your rights."
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Outcome: 10/17/2023 300 MINUTES OF SENTENCING HEARING before Judge Michael H. Simon as to Defendant Tony Daniel Klein (USM #91049-509). As to Counts 1, 4, 6, and 8, the Defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a term of 360 months, on each count, with the sentences to be served concurrently with each other and with all other counts in this case. As to Counts 2, 3, 5, 7, 9, 11, 12, 13, 14, 15, 18, and 19, the Defendant is committed to the custody of the Federal Bureau of Prisons to be imprisoned for a term of 12 months, on each count, with the sentences to be served concurrently with each other and with all other counts in this case. As to Count 10, the Defendant is committed to the custody of the Federal Bureau of Prisons to be imprisoned for a term of 120 months, to be served concurrently with all other counts in this case. As to Counts 22, 23, 24, and 25, the Defendant is committed to the custody of the Federal Bureau of Prisons to be imprisoned for a term of 60 months, on each count, with the sentences to be served concurrently with each other and with all other counts in this case. As to Counts 1, 4, 6, and 8, and upon release from confinement, the Defendant shall serve a five-year term of supervised release. As to Counts 2, 3, 5, 7, 9, 11, 12, 13, 14, 15, 18, and 19, and upon release from confinement, the Defendant shall serve a one-year term of supervised release. As to Counts 10 and 22, 23, 24, and 25, and upon release from confinement, the Defendant shall serve a three-year term of supervised release. Restitution to be determined within 90 days. Defendant ordered to pay special assessment in the amount of $1,200.00. Judgment to follow. Defendant advised of right to appeal. Counsel Present for Government: Gavin W. Bruce and Cameron A. Bell. Counsel Present for Defendant: Matthew G. McHenry and Amanda Ilima Alvarez Thibeault. (USPO Present: Theresa Fuchs) (Court Reporter Dennis Apodaca) (mja) (Entered: 10/17/2023)

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