Tuesday, Aug. 5, 2008 • Federal lawsuit alleges abuse at juvenile hall

Publisher’s note: This story originally appeared in the Tuesday, Aug. 5, 2008 edition of the Lassen County Times.

Three juveniles allege members of the Lassen County Juvenile Hall staff violated their constitutional rights and used unnecessary force against them while they were incarcerated at the facility, according to a lawsuit filed in the United States District Court Eastern District of California.

Defendants in the case include Lassen County, Joe Ritz, former director of the Lassen County Juvenile Facility, and staff members at the facility. Rtiz is retired.

The juveniles allege they were beaten and abused under color of law. They also allege Ritz and other staff members also deprived them of essential medical care, made them endure undue suffering and made them fear catastrophic results from illness and injuries.

The complaint alleges the actions taken by Ritz and the juvenile hall staff would not have been taken by “any minimally competent, reasonable, trained staff at a juvenile detention facility.”

According to the complaint, Lassen County conducted an investigation into an incident involving one of the juveniles, but that report was not disclosed to the parents of the juvenile, the parents of other juveniles in custody or the public.

Ritz allegedly had “not been given any adverse employment action because of his actions against the minors … ”

John Ketelsen, Lassen County’s chief administrative officer, declined to comment for this story. He said the lawsuit is being handled by outside counsel, and the county does not comment on current litigation before the court. A jury trial in the case is expected to begin on Aug. 22.

The complaint also alleges two correctional officers who complained about the acts of unnecessary and excessive force used against the juveniles were terminated from their positions.

“Despite commonly accepted police standards and actual or constructive notice that these polices were being routinely ignored, the supervisors, the county and its final policymakers provided grossly inadequate training and supervision of officers and staff … to ensure compliance with the minimally accepted police practices for guards of juvenile detainees …”

Some of the “systemic deficiencies” noted in the complaint include, preparation of investigative reports designed to vindicate the conduct of officers and staff who gave false information, preparation of reports that uncritically rely solely on the word of officers and fail to credit the testimony of non-police or non-staff witnesses, failure to have meaningful review of investigative reports by persons who are superior to the staff and officers, withholding facts and evidence from the parents of the juveniles and the public and attempts to demonize the victims of excessive force in order to influence public opinion.

The plaintiffs seek compensatory damages in an amount to be determined at trial, punitive damages at an amount to be determined at trial, medical expenses necessary to mend the physical and mental injuries caused by the defendants, reasonable attorney fees, a declaration the defendants actions were unconstitutional and other just and proper relief.

The first juvenile
According to the complaint filed with the federal court in January, Montana Joe Munday was a minor when he was first incarcerated at the facility in 2005. He currently resides in Reno, Nevada. Most of the events cited by Munday occurred between March 4, 2006 and February 2007.

According to the court file, on the first day Munday was incarcerated, Ritz punched him in the face and warned him there would be no gang activity at the facility.

On March 6, 2007, Munday alleges he was subjected to excessive force, “a pattern and practice that continued against him for the entire time he was housed at the Lassen Juvenile Detention Facility,” according the court file.

Munday alleges the juvenile hall staff put him in a closed room and injected pepper spray. Staff members offered no assistance, and Munday tore his shirt and covered his face in an attempt to protect himself from “the onslaught of the spray.”

An hour later, Munday alleges Ritz entered the room, restrained him in handcuffs and brought him to the main floor wearing only his underwear and the torn shirt. Female guards were present.

Ritz allegedly called Munday a “gook” and told him he was stupid and would always remain in jail. When Munday responded verbally to the epithets, Ritz directed staff to cross his feet and place a wrap around his lower body so he could not move. While Munday was unable to defend himself, he alleges Ritz rested his entire weight on the his back for 20 minutes, causing him pain and permanent injury. Munday alleges he was told if he said anything about the incident, worse things would happen to him.

Munday also alleges Ritz slammed his head into a table in the mess hall. He fell to the floor and bled profusely but was given no medical aid for his injuries.

He alleges he suffered a broken finger while in custody and was denied medical treatment.

For two or three weeks, Munday alleges he was vomiting on a daily basis and losing weight and was denied medical treatment until a doctor noted his blood count was not normal as he was being transferred from the facility.

The suit also alleges when Munday’s father called juvenile hall to inquire about his son, Ritz told the father he was going to break Munday. The father allegedly said he was cursed at, yelled at, hung up on repeatedly and not told the status of his son.

Staff allegedly used Munday’s face to open a door while the juvenile was handcuffed. Fearing that would happen again, Munday kicked a door open.

“Staff grabbed him and took him to the floor,” according to the complaint. “In the ensuing struggle when the minor Munday was trying to protect himself from abuse, he kicked one of the staff who claimed that his defibrillator was set off and the minor was charged with and convicted of assault upon an officer, when, in fact, the minor Munday was attempting to protect himself from the abuse that had repeatedly been inflicted upon him.”

Munday also alleges while others were allowed to pursue their education at the facility, he was not offered any educational opportunities.

The second juvenile
The second juvenile was committed to juvenile hall around Dec. 1, 2006. He suffered from depression and anxiety and had been prescribed trazadone and respiral for these conditions. He also had a pre-existing back injury from playing football.

In the early afternoon hours of March 15, 2007, the juvenile attempted to hang himself and cut his wrists. Staff members put him on the ground and restrained him and slammed his head into the floor, according to the complaint. Staff members did not contact a physician.

On March 18, 2007 Ritz allegedly entered the juvenile’s room and asked him why he was acting like a punk. The juvenile also alleges he was restrained in a wrap and that Ritz sat on his back.

Ritz allegedly told the juvenile, “I don’t care if you kill yourself, but you are not going to do it in my hall.”

Ritz got up off the juvenile’s back and disrobed him, leaving him naked in the wrap for about an hour. Female staff members allegedly watched over him. Eventually, the juvenile again tried to strangle himself.

According to the complaint, Ritz summoned medical staff for the juvenile 10 hours later. The juvenile asked medical staff to photograph his injuries, but they didn’t honor his request until five days later.

Ritz allegedly refused to allow the juvenile to see his parents, monitored his phone calls and confiscated all the juvenile’s notes on what had occurred.

On March 20, according to the complaint, Ritz was removed from the facility.

On July 21, the juvenile was sent to the California Youth Authority for evaluation. The juvenile reported the incident and complained he suffered reoccurring nightmares because of it.

The CYA evaluator called Lassen County Child Protective Services and made a child abuse report on the juvenile’s behalf.

According to the complaint, CPS took no action and conspired with juvenile hall to cover up the abuse.

The juvenile alleges he witnessed many acts of abuse against others in the facility, including the incident when Ritz allegedly slammed Munday’s head into the dining room table.

The third juvenile
The third juvenile was committed to the facility in March 2007.

According to the complaint, Ritz immediately used the n-word when referring to him and called him a “problem child.”

On Aug. 25, 2007, Ritz began using racial epithets and the minor responded to the insults.

“Ritz directed the minor … be taken into a room with no ventilation and that an entire can of pepper spray be sprayed under the door. The staff was not present in the room and were outside the locked door and in no danger, but continued to spray the pepper spray as a means of punishment, not as a means of control. The staff taunted the minor … calling him” the n-word “and that this would teach him to know his place.

“The minor … begged to be let out of the room because of his asthma. The minor … was so frightened he would not survive the entire can of pepper spray in the closed room that he knocked down the sprinkler system so that it activated in order to dissipate the pepper spray.”

Ritz allegedly contacted the fire department and let the minor out of the room. Ritz and the staff did not let the minor rinse his eyes or throat.

Three or four staff members took him to the floor, subdued him, shackled him and placed him in a wrap. Ritz allegedly placed his entire weight on the juvenile and “smacked him repeatedly in the head.”

During the week before Thanksgiving 2007, the juvenile fell ill. The staff allegedly called him a fake. A doctor came to see him and said the juvenile’s blood pressure was dangerously high and his heart rate was dangerously low. The doctor said the staff had waited too long and the juvenile needed to be hospitalized.

Staff returned him to his room and refused his requests for water. The juvenile allegedly was not transferred to a hospital until 90 minutes later.

Ritz allegedly told the juvenile he will “remain in prison until he is 18 and then defendant Ritz will personally walk him over to the jail.”