September 6, 2018 Geo
‘The GEO Group, Ine.
‘ig Spring Fightin
2001 Ricxabaugh
Big Sorng, 778720
: ‘wana geogroup com
Augstin Pinedo
Texas LULAC Civil Rights Chair ‘TEL: 492.287.7011
Re: Garache-Munoz, Jose David #95109-380
Dear Mr. Pinedo
In response to your letter received August 24, 2018 regarding Garache-Munoz,
Jose David #95109-380, I submit the following response. On August 11, 2018
staff responded to a potential disturbance in a housing unit, where Garache-Munoz
was housed. Garache-Munoz was immediately identified as a primary instigator.
Staff entered the housing unit and ordered all inmates to retum to their bunks.
Garache-Munoz refused and positioned himself in an assaultive stance toward
staff. After multiple orders were given, Garache-Munoz retumed to his bunk.
As staff approached Garache-Munoz’s bunk, he again took a fighting stance and
refused multiple orders to place his hands behind his back. Staff used Oleoresin
Capsicum to gain compliance of Garache-Munoz. He was removed from the
housing unit and taken to medical services for medical assessment, where he
displayed signs of distress, He was evaluated by on-site medical staff and then
transported to the local hospital, where he was treated for eye irritation, from
exposure to the chemical agents, and discharged the same night.
The incident has been thoroughly reviewed by an after action committee, which is
standard for any incident requiring use of chemical agents. The review of the
incident determined our staff acted appropriately and took appropriate.action in
accordance with the BOP Use of Force policy as required by contract. A review of
Garache-Munoz's medical assessment and hospital records did not indicate any
bruising, bumps or lacerations as a result of this incident. He suffered eye irritation
from the chemical agent for which he received treatment and was returned to the
facility without need of further medical attention or restriction. He was placed in
the Restricted Housing Unit, as is standard protocol for inmates who engage in
disruptive behavior and pose a danger to staff, the general population and security
or the facility, pending further investigation of the incident and appropriate
disciplinary action.Regarding the inmate’s allegation he was in “a coma for five days and woke up in
the infirmary.” A review of the Restricted Housing Unit records for Garache-
Munoz indicated the week of August 12, 2018 through August 18, 2018 he ate all
three meals daily and went to recreation two of the five days it was offered to him.
The inmate was never in a “coma”. Flightline does not have an infirmary equipped
for holding inmates overnight, much less several days, as alleged.
‘An inquiry into the allegation one of Garache-Munoz’s brothers was “yanked
hard” by a female officer as he was being processed for visiting was conducted. No
female officers working the visitor processing area made any physical contact with
any visitor. Our policy does not allow for cross gender searches on any visitor. A
review of records indicates no complaint or request to speak to a supervisor was
ever made by any visitor.
The inmate alleged “two black correctional officers warned him that they would
take away his visits, mail and phone and place him in solitary confinement.” A
review of staffing roster indicated there was only one black male officer on shift
that day and the officer denied making any such statement. Garacbe-Munoz is
currently pending administrative charges for making threats towards staff and
attempting to assault staff, He is currently housed in the Restricted Housing Unit
with a cellmate. Flightline does not have a “solitary confinement” unit. Garache-
‘Munoz has not lost any phone or visiting privileges. He had visits on August 18,
2018 and August 25, 2018. Suspension of mail privileges is not allowed per our
policy.
Thope this letter answers your questions and clarifies the information you received.
Please contact my office if you have any further questions or concerns.
Sincerely,
Bobby Thompson
‘Warden
Big Spring Flightline
GEO Corrections