Case: M.P. v. Texas Youth Commission

07-02998 | Texas state trial court

Filed Date: Sept. 12, 2007

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On September 12, 2007, three juveniles detained in Texas Youth Commission (TYC) facilities filed a petition in a Travis County, Texas District Court seeking to enjoin an internal directive (Executive Directive #2FY07) that instructed corrections officers to use Oleoresin Capsicum (OC) pepper spray first, instead of other restraint methods, when attempting to restrain or subdue disruptive juveniles. Prior to the directive, the use of force policy provided that pepper spray was to be used only a…

On September 12, 2007, three juveniles detained in Texas Youth Commission (TYC) facilities filed a petition in a Travis County, Texas District Court seeking to enjoin an internal directive (Executive Directive #2FY07) that instructed corrections officers to use Oleoresin Capsicum (OC) pepper spray first, instead of other restraint methods, when attempting to restrain or subdue disruptive juveniles. Prior to the directive, the use of force policy provided that pepper spray was to be used only as a last resort after other means of force, such as physical restraint, failed.

Plaintiffs each alleged that they suffered from a serious mental illness or disorder, which was exacerbated by being exposed to pepper spray. Prior to the new directive, officers were not allowed to use pepper spray against mentally disabled offenders. Advocacy groups Texas Appleseed and Advocacy Inc. represented the plaintiffs and sought injunctive and declaratory relief under Texas state law.

Shortly after the suit was filed, the parties settled the case. Under the settlement agreement, TYC agreed to rescind its internal directive (Executive Directive #2FY07) and return to its previous policy of using OC pepper spray only as a last resort. The agreement also required the TYC to provide plaintiffs' counsel with data regarding use of pepper spray in its facilities, including: 1) the date of any use of OC spray and the facility at which it occurred; 2) the age and sex of the youth involved in the incident; and 3) the youth behavior that led to the use of OC spray and the attempts by TYC staff to control the situation prior to administering OC spray.

Per the terms of the agreement, the case was dismissed with prejudice, with the parties agreeing to bear their own costs and attorneys' fees.

Summary Authors

Dan Dalton (9/18/2007)

People


Attorney for Plaintiff

Fitzgerald-Fowler, Deborah J. (Texas)

George, R. James (Texas)

LaVallo, Ricahrd (Texas)

Attorney for Defendant

Abbott, Greg (Texas)

Morales, David Steven (Texas)

show all people

Documents in the Clearinghouse

Document

TYC Youth Harmed By Pepper Spray – Declaratory Judgment Sought

M.P. v. Texas Youth Commission

No Court

Sept. 13, 2007

Sept. 13, 2007

Press Release

D-1-CN-07-2998

Plaintiffs' Original Petition for Declaratory and Injunctive Relief

Sept. 14, 2007

Sept. 14, 2007

Complaint

D-1-CN-07-2998

Agreed Final Judgment and Order of Dismissal

Sept. 28, 2007

Sept. 28, 2007

Settlement Agreement

Texas Appleseed and Advocacy, Inc. Settle Pepper Spray Suit Against the Texas Youth Commission

No Court

Sept. 28, 2007

Sept. 28, 2007

Press Release

Docket

Last updated April 9, 2024, 3:13 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Texas

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: Sept. 12, 2007

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several diasabled juveniles incarcerated by the Texas Youth Commission who are at risk of being injured by OC pepper spray.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas Youth Commission, State

Corsicana Residential Treatment Center (Corsicana), State

Gainesville State School (Gainesville), State

Case Details

Causes of Action:

State law

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Restraints : chemical

Jails, Prisons, Detention Centers, and Other Institutions:

Pepper/OC spray

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Sex or Gender:

Female

Male

Type of Facility:

Government-run