Consumer Law

When it Comes to Civil Justice, Texas is Incredibly Rough Country

By Andy Hoffman

For those passionate about the civil justice system, Texas?with its seemingly endless array of obstacles blocking citizens? access to the courthouse?can seem like very treacherous terrain indeed (here, here, here).  And just when you thought you had heard it all?there?s a new story out of the Lone Star State that further illustrates how nearly impossible it is for those injured by the wrongdoing of others to procure even the daintiest crumb of justice.

About seven years ago, Haseeb Chishty, a a 27-year-old Muslim American man who is mentally disabled, entered a Texas state institution, hoping to work on his behavioral skills.  One month later, he was found lying in a pool of his own blood and urine?a victim of what his family believes was an anti-Muslim ?hate attack,? coming less than a year after 9/11.

A caregiver at the institution named Kevin Miller (who is now serving 15 years in prison for the assault) had repeatedly kicked and punched Haseeb Chishty in the stomach and groin.  Miller also acknowledged that many of his colleagues used methamphetamines, cocaine, and Oxycontin while on the job.  "It got to the point where it was fun beating him, torturing him," said Miller, in a videotaped statement.

Meanwhile, Chishty spent months in an intensive care unit and nearly died after the beating.  He is now confined to a wheelchair and unable to feed himself or use the bathroom.  Needless to say, the Chishty family was emotionally and financially devastated by the ordeal and filed a lawsuit against the facility.  But alas, in Texas, government entities are ?all but immune? from lawsuits?and those bringing them ?require special legislation to proceed.?

Enter Rep. Lon Burnam (D-Fort Worth).  Burnam initially filed a bill on Chishty?s behalf in 2007?five years after the attack?but it died in the Senate.

Thankfully, Burnam persisted, and recently reintroduced the bill.  In addressing the Texas House last Tuesday,  Burnam said, "The culprit is doing prison time, but the family?they need their day in court?I?m asking that you allow this."  The House complied, voting 139-0 to give the Chishty family the right to sue Chishty?s school, the Department of Aging and Disability Services, and the state.  Many members even applauded after the vote.

"I'm happy,? said Faseeb Chishty?s mother (Farhat) about the vote, ?but last time, the same thing happened but we lost in the Senate. At least 50 percent of my stress is gone away. But now I am trying to get energy to start again for the Senate?.I just need justice.  Every day I cry.  Every day I feel helpless."

Unfortunately, the Chishty?s hard fought (though as yet, partial) victory came amidst ?widespread reports of abuse and neglect? at other special needs schools in the state.  And despite recent attempts to institute reforms in those facilities, removing the legal ?immunity? of those who perpetrate and/or allow that abuse has not been one of them.  As a result, despite the justice that may eventually be afforded to the Chishty family, thousands of other disabled Texans exposed to similar abuses will likely never have their day in court.

Full post as published by ThePopTort on May 21, 2009 (boomark / email).