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.

Dan Dalton - 09/18/2007


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