Lawsuit: Stop Pepper Spray in Youth Jail

The Associated Press

Two advocacy groups on Thursday asked a court to stop the Texas Youth Commission from permitting the use of pepper spray to subdue unruly juvenile prisoners before other forms of restraint.

The lawsuit was filed on behalf of three 15-year-old incarcerated youths with mental disabilities who say they have been sprayed or threatened with spray.

TYC officials last month issued a directive allowing the use of pepper spray before other forceful restraints, arguing that it would reduce injuries to staff and inmates and lower workers' compensation claims.

Critics say use of pepper spray has since skyrocketed in Youth Commission lockups. They said the policy unfairly targets youths with disabilities and those with mental and emotional disabilities — who are more likely to act out with staff.

"These kids are trapped," said Jim George, an Austin attorney who heads the board of Appleseed, an activist group that promotes legal and social equality. "This new policy promotes punishment and intimidation ... rather than rehabilitation and treatment."

TYC spokesman Jim Hurley said the agency is working with case workers and psychologists to develop "no-spray lists" of certain youths — those with disabilities or breathing problems, for example.

A hearing on the lawsuit is set for Oct. 2.