Those who aren't following the proper policy are "corrupt," she said, or suffered from a lack of "reading comprehension."
I happen to have a copy of the memo from Billy Humphrey she referenced in her testimony (September 28, 2007). Read it over and tell me, if you were a JCO, when this policy tells staff to use pepper spray?
This memo has been reviewed and approved by the Office of General Counsel for TYC.What does that mean in concrete terms? I don't know. To me, the final line seems to imply that the General Counsel and Billy Humphrey want OC sprayed used instead of "restraint," which appears to contradict the lawsuit settlement.
Pursuant to the terms of the Agreed Order of the Court, the Texas Youth Commission will suspend the enforcement of the terms of the Executive Director #2 FY 07 and will enstead enforce the provisions of its use of force rule codified at 37 Tex. Admin. Code Sec. 97.23.
37 Tex. Admin. Code Sec. 97.23 does not and never did totally prohibit the use [sic] OC Spray. It must be determined that the threat to the youth and staff warrant the use of OC Spray as the least restrictive and most appropriate use of physical force. Clearly the importance of the use of OC Spray in our facilities is to protect the youth from unintentional injuries possible with the use of other restraint.
I'm not sure that memo gave clear guidance to employees as to exactly when to use what level of force. See this prior Grits discussion of the two policies.