March 26, 2009

Inez Hernandez says her mentally disabled son was forced to take part in alleged fights at the Corpus Christi State School. Attorney Bob Hilliard has filed a civil rights lawsuit on behalf of the family. The lawsuit against the Texas Department of Aging and Disability Services claims the young man suffered physical injuries and emotional trauma after being forced to fight.

Hernandez says her son went to the State School following an arrest for a burglary. The non violent offender was given a choice go to prison or go to the State School. She says her son who might look like a man has the mind of a child. She tells us he will follow anyone, is incredibly vulnerable and naive. She says he would not have done well in prison. So, as his guardian she thought the State School could be a place for him to learn, and be taken care of. Mrs. Hernandez says from April 2007 to April 2008, she would call the State School and complain about the conditions: fighting, verbal abuse and about her son's personal property coming up missing.

"He's not aggressive. He's very kind hearted," she told us about her son. "There are so many people just like my son still there. I feel so bad for those clients still there."

Weeks ago, Armando Hernandez told his mother about being approached by an Adult Protective Services investigator. She says that upset her as well because she's his guardian. She had to hear from her son about the investigation into the videotaped fight club incidents. Armando told us he's in three of the videos, and told us he didn't want to fight.

"I would say 'no bro, I don't want to fight, I don't want to fight, I don't want to fight," he told us. He said they told him he was seen in three videos. The staff he says would threaten him with isolation, jail, or would often threaten him with violence if he didn't fight with clients.

"They would be like if you snitch, snitches get stiches, or party blanket where they put the sheet over head and beat you up," he said.

Armando later told us he felt bad because often the other clients were "more slow or more retarded than me."

Armando's new case manager, Amanda Klegg with a private agency says Armando's had trouble since leaving the State School and coming under the care of a private group home.

"We have to tell him we screen our employees. We have good people here who won't hurt you or hold something against you if you tell the truth," said Klegg.

"Sometimes I can't eat," said Armando. "I can't sleep cause I like still have it in my head."

He told us sometimes he will hear someone calling his name and feel someone tapping on his shoulder telling him to get up and fight.

Attorney Bob Hilliard is the first lawyer to file a civil lawsuit in connection with the state school's so called fight club.

He says there's not much money to gain from suing the state, but that's not the goal.

"The purpose of this is to highlight what is going on out there." said Hilliard.