On April 10, 2007, attorneys with the Texas Civil Rights Project filed this class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court Western District of Texas. The plaintiffs challenged the treatment of juveniles in the custody of the Texas Youth Commission (TYC). The plaintiffs alleged that the TYC routinely and daily violated the constitutional rights of children incarcerated in TYC facilities and "relegated their youthful lives to a living hell." The plaintiffs asserted claims for: denial of due process; lack of access to courts; forced self incrimination; failure to protect; excessive force; sexual assault; failure to provide medical treatment; retaliation for exercising right to free speech; violations of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12111 et seq. and Section 504 (Rehabilitation Act), 29 U.S.C. § 701. The plaintiffs sought declaratory and injunctive relief, as well as class certification. The complaint was amended on May 5, 2007, to name additional plaintiffs.

On November 19, 2007, A.B., one of the individually named plaintiffs, moved for a preliminary injunction to prevent the TYC from requiring him to confess to his alleged crime as a condition of completion of its sex offender treatment program and release from custody. A.B., who maintained his innocence of an attempted rape charge, asserted that the program violated his Fifth Amendment right against self-incrimination, as the appeal in his criminal case was still pending.

On April 11, 2008, the parties reached a settlement agreement through mediation. According to the Texas Civil Rights Project, TYC agreed to pay $625,000 and to make extensive changes to facilities and policies outlined in a nine page document.

Dan Dalton - 11/27/2007
Erin Pamukcu - 02/20/2016


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