Tuesday, November 20, 2007

More waiting for TYC pepper spray lawsuit resolution

TYC's day in court Monday over its moving-target pepper spray policy sounds somewhat anticlimactic. Instead of ruling herself, Austin District Judge Judge Gisela Triana ordered the parties to come to an agreement by Wednesday, when supposedly push will finally come to shove. (In the interest of full disclosure, Triana is a former campaign client of mine from back in the day, though I've never communicated with her about this case.) Here are a few excerpts from the MSM coverage:

"Pepper spray used more liberally on kids," Mike Ward, Austin Statesman, Nov. 20
"Incarcerated teenagers in the Texas Youth Commission system are getting pepper-sprayed by guards when they refuse to follow routine orders and while on suicide watch, not just when they pose a threat, a Travis County court was told Monday."

"pepper spray is being used a lot more than just a few months ago. So far this year, just over 1,200 reports of spraying have been logged, compared with only 196 last year. In June, a month before Youth Commission officials allowed broader use of pepper spray to control misbehaving or noncompliant youths, 66 cases were reported. In October, 207 spray reports were logged."
"Suit says TYC breaking pepper spray rules," Lisa Sandberg, Houston Chronicle, Nov. 20

"'Pepper spray is the high-tech equivalent of old-fashioned corporal punishment,' Steve Martin, a longtime expert on corrections who has been hired by the advocacy groups, said outside the Travis County courtroom. He said it was ludicrous for the agency to suggest that pepper spray did not cause injuries. 'It causes intense burning and pain and panic,' he said.

Regrettably, it doesn't sound like the court discussion got too deep into the who, what, when and why of TYC's non-compliance with the agreed order. That's too bad, but advocates may still get their chance to go back to court if TYC won't agree to a reasonable policy that they'll stick to, and by reasonable I don't mean the "Spray First" policy they recently proposed in the Texas Register.

25 comments:

Anonymous said...

Let's get some help here! Advocates, experts, etc. - come on down and watch tape of serious incidents in different situations - from non-compliant youth to violent youth-on-youth/youth-on-staff assaults. With the help of hindsight, help us create a policy that is humane, treatment oriented and applies to the real world we work in. Role play with us and help us really find techniques and policies that work.
Don't let us propose a policy only to have you tear it down and tell us to start over! But make it real.
I'm here at TYC tonight - if a sudden, serious, and violent assault happens to me or another student, I have to choose between physical restraint (I loose a knee) or pepper spray (kid gets the worst of it) till backup arrives. That's what I live with tonight! Give me a technique and a policy that works tonight, for me, alone with 20 kids! What do I do tonight that you won't fire me or sue me or write about me in the paper like I'm some kind of villian?
I want to do the best for these kids, so help me. Look at the real world I work in tonight and every night. Let's have something that works with what we have facilities and students! It doesn't have to stay that way forever. As we make changes to better facilities, staffing, treatment, we can change to some "best of all possible world" policies.
Let's work together on the realities of tonight!

Anonymous said...

Same song second verse, could get better but it's gonna get worse.

Anonymous said...

Well I love pepper spray,but I call it act wright spray.When you spray the little rug rat he does get the worst of it but you get some too and everybody else around.If the kid is attacking you buy all means but a foot in his rear and paint him orange.But not doing what you said, it,s time to communacate (I know it's spelled wrong get over it)Comm. is key.Tell the brat what's going to happen to him if he does not do what you say.Call for more staff and a supervisor he makes more than you let him make the call.Pepper Spray seems new to TYC to me maybe not.I can count how many times I used pepper spray on my two no typing hands.I can't type but I have a mouth that works and it's been good for me for 24yrs in the bus.Less paper work.

Joe

Anonymous said...

2:14,

The policy that is being violated has worked fine for TYC for years. The problem is that no amount of pepperspray is going to solve the problem on not enough JCO's.

Before you advocate a new policy I suggest you read it. It is poorly drafted and has enough vagueness that even I do not understand the standards. Maybe you can explain how one uses mechanical restraints on a violent youth without doing a physical restraint or bathing youth in pepperspray, but that is what that policy you advocate says.

Howard A. Hickman

Anonymous said...

I'm with Howard on this. The policy, as written does not make sense. Policies should not take a PhD or a Law degree to figure out. But, maybe that's why the madcap scene of JCOs with spray bottles chasing kids around the dorms, with the rest of the kids feeding in and throwing things is becoming so commonplace now. Old Salty.

Anonymous said...

Pay no attention to the idiot Joe from Evins. He's the POS JCO VI (fired from TDCJ)in security who has the former HRA to thank for the answers to the interview questions that has many people unfairly in trouble there. He's El Humpster's snitch at Evins and his POS wife is the crab that got the one good HWH Supt. at Tamayo railroaded. So, as said pay no attention to his post here or the one in the other post where he spoke up for Broncial Bill. He's been employed two times there and each time he was and is for crap. It is too bad the state has to settle for persons like him. He's unemplyable in the real world so he preys upon the youth committed to the custody and crontrol of TYC. What a sad indictment on the state of affairs with TYC and the state of Texas Texas as a whole.

Anonymous said...

Were is Evans anyway.

Joe

Anonymous said...

Old Salty your wright on that one,I might not type good but if he's running away from you didn't spray him.He can run all day as long he stays in one drom. I,m just going to count his laps. Spraying him should be the last thing you do.

Joe
NOT FROM EVANS

Anonymous said...

Joe I'M GOING TO FIRE YOUR ASS. REST ASSURE, YOU HAVE A TARGET ON YOUR BACK, CHEST, FOR HEAD AND IM GOING FOR THEM ALL. YOU WON'T GET A PAYCHECK PAST DECEMBER. YOU ARE A DUMB ASS.

Now what went down at court was rightous. No need for this bull shit about spray to go to cour. except fuk-ups like Joe make me think twice. But dont worry his ass wont be employed much longer.

2:14 You need to MAN UP. Worry about what to do.

Anonymous said...

Damn can we spell fool!!!!!!!!! I wouldnt be so quick to fire Joe ,,,,Are you on medication? Or are you related to Chuey?

Anonymous said...

Gzzzzzzzzz I'm shaking in my boots wild man,did you spray yourself our something.Target-are you going to shoot me our something,thats not very nice but it is funny.Whats really funny is that you are going to fire me.I don't thank sooooooooo!Wait a min. did you chase one of those kids around the droms.

Joe Joe Joe Joe Joe

Anonymous said...

Anybody monitoring the courtroom tomorrow and posting the results here? Anybody know what time the hearing is?

Anonymous said...

Where is Will Harrell in all this? I looks like he is still a one-man band, since he still has postings for a deputy, two assistants and an executive assistant. Is HR actively trying to keep him from having any help? Are they even screening the applications? Perhaps he needs to hie over to the annex and demand to see the applications himself.

Anonymous said...

Change can be good if it is done right.
Lack of good leadership is what is keeping this ship from sailing ahead to a brighter future.
Lay out the rules and follow them yourself (leaders) and you will see a change that will blow you away.
The wishy washy crap that has been in play since this hostile takeover was done is the downfall of the past months.
Lay it on the LINE and Stick to your GUNS (POLICY) and watch what happens.
Dont be shy, just say what you mean and do what you say.

IMHO

Anonymous said...

When we first got the pepper spray, we were spraying everything that moved. More often than not, more staff got sprayed than the students. The pepper spray will eventually drop down to nothing by itself. The big problem is the philosphy this state has about managing business. It's not isolated to TYC. It's the same cowboy mentality of the guy who is President. "My way or the highway." It seems to work to the one's who doing it, but it leaves a lot of bodies along the way.

Anonymous said...

This is good, you can count staff in the pickets?? Why would you do this if their not supervising youth, oh I forgot it looks liker we are making our 12 to 1 ratio. (please read below)

----Original Message-----
From: Michael Lukowiak
Sent: Wednesday, November 21, 2007 2:53 PM
To: TYC - Superintendents (Institution); TYC - Assistant Superintendents; TYC - Halfway House Superintendents; TYC - Halfway House Assistant Superintendents
Cc: Wade Phillips; Billy Humphrey; Paul Bartush; Ayo Omoniyi; Sylvia Martinez; Sandra Morales-Reyes; Christine McCormick; Karen Chalkley Lashbrook
Subject: Weekly JCO:Youth Ratio Reports

A reminder concerning the rules of engagement for this report - we are only counting JCO staff who are assigned to supervising youth. We do not count those working in positions such as; infirmary, transportation, or security. We CAN count those in the pickets. We do not count JCOs in training, this includes new JCOs who are not yet sole-supervision certified. We do not count cooks, HSS, or Asst Supts. We CAN count case workers/managers, if they are working in a JCO capacity (with the appropriate asterisk).

This data is being reviewed on a regular basis and your reports are very important. We thank you for your continuing support.

Anonymous said...

DID YALL HEAR. An investigation into Joe's activity at TYC has been launched. Guess that pink slip will be coming soon

Anonymous said...

I remember when this greaser came to our facility as a trainer and thought he would be funny while asking something like why how one could tell if a wahle were a faggot because it approached a submarine... The whale sucked out all the seaman or something like that. I told my supervisor about his comments as they were inappropriate. Now, this slime ball is all they have left? There's no one in old corrections to help us?

Anonymous said...

What did you expect? They cleaned out Juvenile Corrections. If Mike is all they have left, we are in big trouble.

Anonymous said...

Well 4:20 your's is at the DA's office. You really need to stop making threatening statements on my life.You need to Man Up and state your name.Your mother gave one,be proud of it.If there was investigation you know nothing about it.But thanks for the heads up.You posted your threat on Grits.

Joe

Anonymous said...

Pepper spray deadline extended

http://www.statesman.com/blogs/content/shared-gen/blogs/austin/campaign/entries/2007/11/21/pepper_spray_de.html

Anonymous said...

What do we expect people thsi will be drwan out and the final will be approved and no one will get sued... Why are we all upset over this thing,, wake up and smell the roses !!! They do not do anything to appointed WOMEN !!!! W=Expecially when U have the Gov, Who put this WOMAN in office !!! Nothing will come of this and we all know it so quit arguing on the outcome and wait it out!!! If you remember this once happened in West Texas many years ago when they took nudie pictures of the Girls and they didnt do a whole lot about tat as well but spent a whole lot of money LOL.. So let it be and back to the D-A Thing Good Luck!!!

Anonymous said...

now that is funny. can't wait to see the diversion from the issue at hand after that one.

Has anyone read the new policy proposed by Pope on the Texas Register? They are idiots. They can't even get their own policy right. The policy says you cannot spray any youth with a mental health diagnosis (which technically would be all of them) and that you have to have mental health staff intervene prior to spraying youth. They are idiots and clearly did not have experienced mental health staff review the new proposed policy which seems to indicate even further incompetence.

Anonymous said...

Some of us remember the nude girlie pictures that were taken at West Texas way back when, I still know one of the Administrators (Assistant Superintendent at the time) is in Austin today, the other left a long time ago.

Anonymous said...

Can you say Mr. D?