ACLU-DE Sues Commissioner of DE Dept of Correction Over Lethal Use of Chemical Spray on Incarcerated People

Wilmington, DE – Today, the ACLU of Delaware filed a lawsuit against the Commissioner of the Delaware Department of Correction (DDOC) over the use of lethal chemical agents by correctional officers. The lawsuit, which was filed in the Court of Chancery, alleges that officers use a specific class of chemical agents on incarcerated individuals in ways that are not just improper and unsafe, but malicious and lethal. ACLU-DE is seeking injunctive relief to end these unconstitutional practices.

The class of chemical agents is oleoresin capsicum, OC for short. OC chemicals are derived from the oil of hot pepper plants. Delaware correctional officers use a variety of weapons to deploy OC chemicals, including handheld spray, grenades, “pepper ball” guns, foggers, and 40-gauge “muzzle-blast” rounds. Across the Delaware prison system, correctional officers use OC weapons hundreds of times every year.

ACLU-DE is suing because Delaware correctional officers do not follow the DDOC’s own policy and training mandates regarding decontamination after the use of OC chemicals. In order to avoid major and potentially fatal health complications, individuals who are exposed to OC chemicals need to have both their bodies and clothing decontaminated. Failure to do so can cause permanent damage by way of chemical burns, breathing obstruction, vision loss, and other serious health consequences.

Individuals have reported numerous incidents of officers exposing them to OC chemicals – often without warning and in unnecessary ways – then being left for hours, days, and sometimes weeks to suffer without any decontamination procedures taking place.

“The frivolous use of this highly dangerous chemical agent, without decontamination afterwards, is not just cruel; it’s inhumane, unnecessary, and unconstitutional,” stated Jason Beehler, ACLU-DE Interim Legal Director. “When officers fail to follow their own policies and training requirements, every deployment of these chemicals can grievously injure or even kill someone. Many of the victims have asthma or other serious, pre-existing health conditions that increase the risk of serious harm or death.”

ACLU-DE is representing eight plaintiffs, all of whom have been subjected to the chemical spray as a form of punishment by correctional officers and were not decontaminated immediately afterwards. The civil rights organization maintains that DDOC’s failure to make sure individuals who are exposed are properly decontaminated is a violation of the Delaware Bill of Rights, which guarantees the right of Delawareans to be free from cruel punishment.

ACLU-DE is asking the Court of Chancery to approve class action status for the case, so that any relief the Court orders would apply to all people incarcerated in Delaware.