A wrongful death claim has been filed against the California prison system by the parents of a mentally ill prisoner who died after he was pepper sprayed in his cell, a newspaper reports.
The Sacramento Bee reported inmate Joseph Duran was found dead in his cell Sept. 7, 2013, seven hours after being hit with pepper spray for refusing to let go of the food port in his cell door.
The newspaper reported Duran’s death was one of several similar cases that led to a judge’s order to curb pepper spray on mentally ill prisoners.
Duran had undergone a tracheotomy, which restricted his breathing, the newspaper said.
“Duran yanked out his breathing tube after being doused with pepper spray inside his cell,” according to the Bee.
“Guards refused to remove Duran and decontaminate him despite orders from prison medical staff,” details the article, which relied on staff interviews contained in an internal report for the California Department of Corrections and Rehabilitation.
Guards have used “excessive and cruel” force against inmates with mental health problems, the story said, quoting Michael Bien, an attorney representing mentally ill prisoners.
Last April U.S. District Court Judge Lawrence Karlton restricted the use of pepper spray on mentally ill inmates in cells and psychiatric facilities, with few exceptions, The California Report stated.
Judge Karlton then signed off in August on a state reform plan drawn up in compliance with his earlier court order.
For their part, the California Correctional Peace Officer’s Association (CCPOA) recognizes a problem with the current use of force, The California Report article said. CCPOA lobbyist Craig Brown, speaking of the reform plan, said, “The critical element is to appropriately train our members to recognize what they are dealing with.”
As described by the Bee, the death of Duran at Mule Creek State Prison highlights an existent problem.
The CDCR has since changed its pepper spray policy, which now disallows its use based solely on an open food port and also prohibits custody staff from overriding a medical decision that a prisoner is at risk or needs medical care, the newspaper said.
“You can’t use force, harsh confinement and disciplinary measures without dealing with the fact our clients are seriously mentally ill,” Bien told the Bee reporters.
According to the Bee, Duran’s parents did not even know that he had died until the newspaper staff contacted them.
