Attorney: 'A culture of brutality' at Tryon

A Department of Justice (DOJ) report critical of four state-run juvenile detention facilities verifies the existence of “a culture of brutality,” according to a lawyer who has brought several cases against the state.

Elmer Robert Keach III represents the family of Darryl Thompson, who died in November 2006 after being restrained by two aides at the state-run Tryon Residential Center in Johnstown. An autopsy ruled Thompson’s death a homicide, but also found that he had a heart abnormality and died of cardiac arrhythmia.

Though a Fulton County grand jury did not indict the two aides, Keach has filed lawsuits in federal and state courts on behalf of Thompson’s family. He said the DOJ report showed that excessive restraint is not uncommon.

“I have been complaining about a culture of brutality and a culture of tacit approval and secrecy by OCFS about problems at Tryon,” Keach said. “And certainly the report is highly relevant to the claims of young Mr. Thompson’s family.”

The DOJ report, issued on Monday, outlined a pattern of “uncontrolled, unsafe applications of force” on residents at Tryon and three other facilities operated by the state’s Office of Children and Family Services (OCFS). The report also found that the facilities violated residents’ constitutional rights by failing to provide proper mental health treatment.

 “Certainly this report from DOJ confirms the range of complaints made over the years about the manner in which the facility is run,” Keach said, “including the fact that there was – at least during the prior gubernatorial administration – zero accountability at these facilities which allowed these brutal conditions to fester.”

Keach, who has represented three other clients against Tryon, declined to say whether he will seek more money in light of the DOJ report. The lawsuit filed in federal court does not specify a dollar amount, while the state version currently seeks $30 million.

Both cases are “awaiting the production of documents from the state,” Keach said.

In addition to the boys and girls facilities at Tryon, DOJ also criticized the Lansing Residential Center and the Louis Gossett Jr. Residential Center – both of which are located in Tompkins County.

A NEW MODEL

OCFS Commissioner Gladys Carrión, whom then-Gov. Eliot Spitzer appointed in 2007, two months after Thompson’s death, issued a statement on Monday acknowledging the problems.

“I inherited a juvenile justice system rife with substantial systemic problems,” Carrión said in the statement. “As a result, I immediately initiated a complete overhaul of the system to make it safer and to improve outcomes for our children.

Carrión, who has been outspoken in her criticism, is attempting to transform OCFS from a “custody and control” model of juvenile justice to one of trauma-informed therapy. In addition, according to the statement, she has hired additional mental health workers and implemented a new restraint policy.

The latter change has drawn sharp criticism public employees unions, which cautioned that reduced physical restraints would cause more injuries to staff members.

The Civil Service Employees Association (CSEA) seized upon the case of Tryon aide Charles Loftly, who lapsed into a coma and died six weeks after he was beaten by several residents in August 2008. However, an autopsy revealed Loftly, 60, died of a stroke, Oneida County Coroner Greg Mills told CBS 6.

The CSEA, which at the time connected Loftly’s death to “changes in policy and continued understaffing,” reacted to the DOJ report with caution.

“CSEA has long had concerns about OCFS operations but the union cannot respond appropriately without more information,” CSEA spokesman Stephen Madarasz said in a statement. “CSEA will monitor the situation since OCFS apparently must act within a short period of time to comply with recommendations from the Justice Department.”

EMPTY BEDS

The Public Employees Federation (PEF) and some state Senate Republicans have opposed OCFS Commissioner Carrión’s plan to downsize and/or close some upstate detention facilities in favor of building community-based programs in New York City, the part of the state from which most residents hail.

As CBS 6 reported in a “You Paid For It” segment in 2008, the unions and lawmakers feared the loss of jobs at the upstate facilities. In fact, they supported a plan to double the state-mandated closure notification period to two years: a move that would have cost taxpayers an additional $4.2 million dollars at one facility alone.

"The empty beds [are] a waste of money,” PEF spokeswoman Darcy Wells said at the time.
“But that was their deliberate attempt to empty these facilities."

PEF accused Carrión of intentionally sending fewer children to the upstate facilities, a move Carrión attributed to her transition to a therapy-based model and to a reduction in children entering the system.

To read the complaint filed by the Thompson family, click the link under Related Multimedia at right.