A Florida court is examining a case brought on by the Southern Poverty Law Center (SPLC) accusing a Polk County jail of liberally using pepper spray against children in its juvenile division for violations as minor as singing out of turn and not walking fast enough, along with creating a climate of violence among inmates.
“I feel like … no kid should go through the things that I been through in the Polk County Jail,” an 18-year-old former detained juvenile told a press conference in February.
Pepper spray, also known as OC spray, incapacitates victims — creating an intolerable burning sensation. When inhaled, it causes the respiratory tract to become inflamed, which can temporarily restrict breathing by causing mucous membranes to swell.
The SPLC case comes after a 2011 cost-saving decision by Florida’s legislature to allow juveniles to be housed in county jails, a scenario that has led to accusations of abuse by prison guards, most notably punitive use of pepper spray against youth for minor infractions. Juvenile courts in Florida have jurisdiction over cases involving those under the age of 19. The average age in the Polk County juvenile jail is 15.2 years old.
The lawsuit, filed by SPLC on behalf of seven individuals, intends to find justice for the youth and to highlight what happens with personnel not trained to deal with unique needs of incarcerated juveniles.
“We filed this suit because we were able to learn that these kids were treated in a horrific manner that was very detrimental to their well being,” Jody Owens, managing attorney for SPLW’s Mississippi office, said in an interview with Mint Press News.
The lawsuit has already gained attention from the political community. Democratic Sen. Arthenia Joyner and Rep. Mia Jones are calling for a repeal of SB2112, which initially allowed for county jails to take in juveniles. Joyner, who supported the bill in 2011, now claims that recent cases of abuse have changed her mind.
Prior to SB2112, juveniles were held at Department of Juvenile Justice facilities. Florida’s Polk County is the only state to have detained children in juvenile facilities at this point.
A legal perspective
In March, U.S. Judge Mark Pizzo issued a 61-page opinion on the case, criticizing the use of pepper spray on incarcerated youth, but stopping short of outlawing it.
“The overwhelming view in Florida and the rest of the nation regarding the use of pepper spray in juvenile settings is at odds with Sheriff Grady Judd’s practice,” U.S. Magistrate Judge Mark A. Pizzo wrote in a report. “He would be wise to develop a plan for reducing the juvenile-on-juvenile violence and limiting the use of pepper spray.”
Despite the condemnation of actions occurring inside Polk County Jail’s juvenile facility, the opinion was applauded by Judd, accused of perpetuating loose use of pepper spray.
“Anyone that’s been pepper-sprayed worked very hard to get pepper-sprayed.” Sheriff Grady Judd told the Orlando Sentinel after a February press conference.
Yet those on the side of the juveniles disagree.
Throughout the country, the use of pepper spray on juveniles isn’t as prevalent as reported in Polk County. Only 12 percent of juvenile correction facilities allow staff to carry pepper spray, according to the Council of Juvenile Correctional Administrators (CJCA). According to that same agency, the use of restraints, pepper spray included, as a means of punishment creates a more hostile environment within the facility — not a peaceful one.
“CJCA’s collective experience shows that over reliance on restraints, whether they be chemical, physical, mechanical or other, compromise relationships between staff and youths, one of the critical features of safe facilities,” its 2011 report states.
Owen, familiar with juvenile cases throughout the country, said those held in Polk County were increasingly treated in barbaric manners.
Key to this issue is the understanding that those trained to handle adult prisoners are not equipped with the same skills necessary to handle — and help — minors. Considering their stage of brain development, those housed in the juvenile facility are seen as having a greater chance of rehabilitating into productive members of society. They’re also susceptible to learned behavior.
“The use of OC spray and isolation — locking them up and throwing away the key — we found this does more harm than good,” Owen said. They’re at a unique and vulnerable age. Based on their maturity, they need certain services. (Current practices) ensures they will come out of the facility worse than when they came in.”
Yet with treatment reported in Polk County, Owen said it makes it increasingly difficult for young adults to learn to correct their actions. Instead, the violence inflicted upon them is being learned.
“How we treat them is how they will treat the world,” Owen said. “They’re kids. These are kids that are being treated like this and how do we expect them to treat others and become functional adults in general society?”
On top of increasing the recidivism rate, there’s genuine concern on behalf of the SPLW that these children are in genuine danger.
The case resembles discoveries made at Mississippi’s Walnut Grove Youth Correctional Facility, which was criticized by the U.S. Justice Department for its prison guard’s extreme cases of abuse, resulting in hospitalization of juveniles and, in one case, irreversible brain damage to an incarcerated individual.