Task Force Against Racism and Modern-Day Eugenics speaks out about $8.5 million payout in Black man’s death and Raiders player Chandler Jones, forcibly hospitalized

By CCHR International
The Mental Health Industry Watchdog
October 4, 2023

In March 2023, Irvo Otieno, a 28-year-old Black man who had immigrated to the U.S. from Kenya as a child, tragically died during an approximately 11-minute restraint at Virginia Central State psychiatric hospital. The state reached a $8.5 million settlement with his family on September 20th, following the determination that his death was a homicide due to asphyxiation.[1] Surveillance video that captured how Otieno was treated has sparked outrage across the U.S. calling for mental health reforms, according to the Associated Press.[2] The Task Force Against Racism and Modern-Day Eugenics, based in Los Angeles and formed in 2020, has applauded this settlement.

The Task Force also highlighted similar coercive psychiatric incidents, such as the recent involuntary hospitalization and forced drugging of Las Vegas Raiders player Chandler Jones, who has been outspoken about the alleged abuse and human rights violation.[3]

The group convened at the headquarters of the Citizens Commission on Human Rights (CCHR) International in Los Angeles on September 30^th to discuss the pressing need to combat eugenic ideologies and systemic racism while tirelessly advocating for justice and compensation in cases of harm and death resulting from restraint use in psychiatric facilities.

In September, Chandler Jones recounted how he was taken to a psychiatric facility by 5 to 7 Las Vegas Fire Department officials saying he’d been put on a “court hold” by the police department over tweets he’d posted. Once in an ambulance, he said he was “injected” with an undisclosed substance even though he didn’t give consent.[4]

Jones further stated that he was first taken to Southern Hills Hospital in Las Vegas and “transferred to Seven Hills where they tried to force me to take meds and injections.”[5]

Seven Hills is owned by Acadia Healthcare, a behavioral hospital chain that has been the subject of multi-million dollar lawsuits. The latest is a $485 million jury award to an 8-year-old girl who was sexually abused in Acadia’s treatment foster care system in New Mexico.[6] In July 2022, Senator Patty Murray, Chair of the Senate Committee on Health, Education, Labor, and Pensions, and Senator Ron Wyden, Chair of the Senate Committee on Finance initiated an investigation into the practices, policies, and treatment of youths in residential treatment facilities owned by Acadia and three other behavioral chains.[7] In 2019, Acadia also agreed to pay penalties and fines totaling $17 million for overcharging for drug testing of clients at drug treatment centers across West Virginia.[8]

Rev. Fred Shaw, the Task Force’s co-founder and spokesperson said that “even greater compensation and recourse is needed to curb future abuses. The fact that Chandler Jones was forcibly hospitalized and drugged, exemplifies how Blacks are over-represented in being subjected to coercive psychiatric practices.”

In the case of Irvo Otieno, police had detained him in custody on suspicion of burglary but transferred him, wearing handcuffs and leg shackles, from the police station to Central State Hospital, an inpatient psychiatric facility.[9] He had a history of mental health issues. Rev. Shaw says it is likely the treatment had failed him. The toxicology report has not yet been released,[10] which the Task Force sees as vital to determine if Otieno was taking any psychotropic drug that could induce agitation that would have contributed to him being restrained. While at the hospital, staff used the police to help restrain him. Rev. Shaw, a former Los Angeles Deputy Sheriff, said police should not be co-opted into such mental health situations. “Nor should the Fire Department, as in the case of Chandler Jones,” Rev. Shaw added.

As shown on video, nursing staff held Otieno down for an intramuscular injection. One staff member struck his back five times with a closed fist. During the attempt to place Otieno in restraints, the same staff member is seen twice striking him in the upper thigh. At some point, per the video, the seven police were brought in “taking turns pushing their knees into his neck in an encounter that lasted more than 11 minutes.”[11] The video also showed unsuccessful resuscitation efforts.[12]

The Task Force has taken up similar restraint deaths of African Americans in psychiatric hospitals or from psychotropic drugs administered as a chemical restraint. In several cases, the coroner ruled the deaths as homicide; responsible staff were prosecuted; facilities were closed to prevent further danger to patients; families were compensated; and regulations were passed restricting restraint use.

Rev. Shaw pointed to a 2022 study published in Psychiatric Services that found 28% of 4,393 patients with an initial admission to a psychiatric facility between 2012 and 2018, were involuntarily admitted, and 7% had court commitment petitions filed for them. Compared with White patients, Black patients were more likely to be admitted against their will.[13] Black patients are also more likely to experience restraint procedures in emergency department (ED) encounters compared with White patients.[14]

Once incarcerated, African Americans are also over-represented in restraint-related deaths, accounting for 22% of studied deaths while comprising only 13% of the U.S. population, according to the Illinois human and civil rights group, Equip for Equality.[15]

The Task Force, which has over 140 members, has filed complaints to state authorities in incidents of restraint death. In response to this, in 2022, it produced a “Resolution in Support of Ending Coercive Psychiatric Practices in which African Americans are at Risk and to Replace with a Human Rights-Based System.” This aligns with recent World Health Organization and United Nations Human Rights Council calls to end coercive psychiatric practices. The group encourages concerned individuals to download and forward the resolution to healthcare policymakers.

Other Cases of African American Deaths from Restraint

August 30, 2019: On August 24, 2019, in Aurora, Colorado, police stopped Elijah McClain, a 23-year-old Black man, while he was walking home after someone reported seeing a person wearing a ski mask who “looks sketchy.” McClain had committed no offense. During the encounter, officers wrestled him to the ground, and after he resisted, he was placed in a carotid hold and briefly became unconscious. Body camera video showed McClain saying he couldn’t breathe. Paramedics were called. One of them “diagnosed” McClain with “excited delirium” and injected him with the powerful sedative and anesthetic, ketamine. He was taken to the hospital and three days later, on August 30, 2019, he was declared brain dead and taken off life support.[16]

• Cause of Death: Ketamine was administered during a restraint. (It is important to note that victims of ketamine “may lose consciousness or be confused and compliant,” while other side effects include heart or breathing failure.[17])
• Coroner’s Ruling: Originally undetermined, it changed in September 2022, to “complications of ketamine administration following forcible restraint” as the cause of death.[18]
• Criminal Charges: Five first responders, including the two paramedics, were charged with manslaughter and criminally negligent homicide in 2021.[19] The trial is ongoing.
• Task Force Actions: In 2020, complaints were filed with police, legislators, and the governor of Colorado calling for a prohibition on restraints and the use of ketamine during restraints.
• Government Actions: In July 2021, Colorado Governor Jared Polis signed a law restricting ketamine’s use. In June 2020, a law was passed that banned the use of chokeholds by the police.[20]
• Lawsuits: In November 2021, Elijah McClain’s family and the city of Aurora, Colorado, agreed to a $15 million settlement over the deadly restraint.[21]

May 1, 2020: On April 29, Cornelius Frederick, 16, an African American foster care youth was restrained for throwing a sandwich on the floor of Lakeside Academy, a psychiatric facility in Michigan owned by Sequel Youth & Family Services (now Vivant). Seven male staff members held him on the floor for more than 10 minutes, putting weight on his legs and torso. He gasped that he could not breathe. Cornelius died two days later, on May 1, 2020, at another hospital.[22]

• Cause of Death: Restraint asphyxia
• Coroner’s Ruling: Homicide[23]
• Criminal Charges: Three Lakeside staff were prosecuted for involuntary manslaughter and child abuse, all pleading no contest to lesser charges. One nurse was placed on probation and two others face sentencing in December 2023.[24]
• Task Force Actions: Complaints were filed with every Michigan state legislator, health authorities, and the Michigan governor, demanding Lakeside’s closure, prosecution, and restraint use ban.
• Government Actions: The state closed Lakeside hospital. Michigan issued emergency rules restricting restraints and severed any contracts with Sequel childcare facilities.[25]
• Lawsuits: Two family lawsuits settled for undisclosed amounts.[26]

July 17, 2022: Ja’Ceon Terry, a 7-year-old foster child, was restrained at Bellewood & Brooklawn, a residential behavioral facility operated by Uspiritus, for foster children in Louisville, Kentucky. After being rushed to Norton Children’s Hospital, he died.[27] Louisville Public Media reported the shocking events in the hours leading to his death. The state’s investigation found that in his final hours, Ja’Ceon was publicly shamed, verbally abused, and left in his room alone for nearly six hours. The maximum duration of seclusion allowed for a child Ja’Ceon’s age is one hour, with check-ins every 15 minutes, and someone is supposed to sit outside of the seclusion area the entire time. This did not occur. Ja’Ceon was restrained outside the view of cameras for no more than saying he’d throw a plastic water bottle at someone and for using a swear word. He wasn’t hurting himself or anyone else. Two staff put him in a physical restraint for five to six minutes. He suffered multiple injuries, including respiratory failure due to suffocation.[28]

• Cause of death: Asphyxiation
• Coroner Ruling: Homicide
• Criminal charges: No charges were filed, although police are still investigating, and the prosecutor is reviewing the case. The two staff who restrained the boy were fired.
• Task Force Actions: Complaints were filed with police, local officials, and all state legislators across the U.S., calling for a ban on the use of restraints.
• Government Actions: State officials revoked Brooklawn’s license to operate its psychiatric treatment facilities, the unit where Ja’Ceon was restrained. However, they resumed foster placements at Brooklawn’s other programs in May 2023.
• Lawsuit: Ja’Ceon’s foster family sued Brooklawn in 2022, and in May 2023, the company agreed to a confidential settlement.

CCHR International, a 54-year mental health industry watchdog, acknowledged the Task Force for its constant endeavors to raise awareness about psychiatric racism and restraint assaults, all of which help to create an accountable mental health system that protects patients as a priority. Many of the group members have podcasts and social media platforms that educate and warn about coercive psychiatric practices targeting Black, Indigenous, and People of Color (BIPOC) communities.

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[1] Sarah Rankin, “Family of man who died while being admitted to psychiatric hospital agrees to $8.5M settlement,” Associated Press, 20 Sept. 2023, https://apnews.com/article/irvo-otieno-psychiatric-hospital-death-settlement-9528a29372f9cb7989a79a5993772c06

[2] Sarah Rankin, “Family of man who died while being admitted to psychiatric hospital agrees to $8.5M settlement,” Associated Press, 20 Sept. 2023, https://abcnews.go.com/Health/wireStory/family-man-died-admitted-psychiatric-hospital-agrees-85m-103356761

[3] “Raiders’ Chandler Jones says he was hospitalized against will,” ABC News, 26 Sept. 2023, https://abcnews.go.com/Sports/raiders-chandler-jones-hospitalized/story?id=103495799

[4] “Raiders’ Chandler Jones says he was hospitalized against will,” ABC News, 26 Sept. 2023, https://abcnews.go.com/Sports/raiders-chandler-jones-hospitalized/story?id=103495799

[5] “Raiders’ Chandler Jones says he was hospitalized against will,” ABC News, 26 Sept. 2023, https://abcnews.go.com/Sports/raiders-chandler-jones-hospitalized/story?id=103495799

[6] https://www.acadiahealthcare.com/locations/seven-hills-behavioral-health-hospital/; Colleen Heild and Olivier Uytterbrouck, “Foster child sexual assault results in $485 million jury award,” Albuquerque Journal, 11 July 2023, https://www.abqjournal.com/news/foster-child-sexual-assault-results-in-485-million-jury-award/article_bfdf6e86-1f70-11ee-b4e3-c7c608def4fe.html

[7] https://www.cchrint.org/2023/07/18/for-profit-psychiatric-hospitals-need-stronger-penalties/; “Murray, Wyden Demand Answers on Mistreatment at Youth Residential Treatment Facilities,” 22 July 2022, https://www.murray.senate.gov/murray-wyden-demand-answers-on-mistreatment-at-youth-residential-treatment-facilities/

[8] Mark Curtis, “Acadia Healthcare to pay $17M for overcharging clients at drug treatment centers,” WTRF, 6 May 2019, https://www.wtrf.com/news/acadia-healthcare-to-pay-17m-for-overcharging-clients-at-drug-treatment-centers/

[9] Narimes Parakul , “Exclusive: Irvo Otieno’s death was part of a pattern of patient abuse at a Virginia psychiatric hospital, records show,” Insider, 1 May 2023, https://www.insider.com/virginia-mental-health-system-called-into-question-irvo-otieno-2023-4

[10] Olivia Jaquith, “Autopsy, toxicology reports in Irvo Otieno’s death complete but not released to defense, family,” ABC News 8, WRIC, 14 Apr. 2023, https://www.wric.com/news/local-news/irvo-otieno/autopsy-toxicology-reports-in-irvo-otienos-death-complete-but-not-released-to-defense-family/

[11] Narimes Parakul , “Exclusive: Irvo Otieno’s death was part of a pattern of patient abuse at a Virginia psychiatric hospital, records show,” Insider, 1 May 2023, https://www.insider.com/virginia-mental-health-system-called-into-question-irvo-otieno-2023-4

[12] Sarah Rankin, “Family of man who died while being admitted to psychiatric hospital agrees to $8.5M settlement,” Associated Press, 20 Sept. 2023, https://apnews.com/article/irvo-otieno-psychiatric-hospital-death-settlement-9528a29372f9cb7989a79a5993772c06

[13] Timothy Shea, et al., “Racial and Ethnic Inequities in Inpatient Psychiatric Civil Commitment,” Psychiatric Services, 12 Aug. 2022, https://ps.psychiatryonline.org/doi/10.1176/appi.ps.202100342

[14] Michael DePeau-Wilson, “Black Patients at Higher Risk for Physical Restraint in the ED — However, just 0.94% of more than 2.5 million patient encounters in the study involved restraint,” MedPage Today, 25 Sept. 2023, https://www.medpagetoday.com/emergencymedicine/emergencymedicine/106479

[15] “National Review of Restraint Related Deaths of Children and Adults with Disabilities: The Lethal Consequences of Restraint,” Equip for Equality, 2011, https://www.equipforequality.org/wp-content/uploads/2014/04/National-Review-of-Restraint-Related-Deaths-of-Adults-and-Children-with-Disabilities-The-Lethal-Consequences-of-Restraint.pdf

[16] “The officers accused in Elijah McClain’s death didn’t face charges for 2 years. Here’s a timeline of how the case made it to trial,” CNN, 23 Sept. 2023, https://www.cnn.com/2023/09/23/us/elijah-mcclain-police-death-trial-timeline/index.html

[17] https://www.cchrint.org/2021/09/03/cchr-welcomes-state-actions-that-ban-or-restrict-behavioral-restraint-use/

[18] “The officers accused in Elijah McClain’s death didn’t face charges for 2 years. Here’s a timeline of how the case made it to trial,” CNN, 23 Sept. 2023, https://www.cnn.com/2023/09/23/us/elijah-mcclain-police-death-trial-timeline/index.html

[19] Janet Oravetz, “Defense suggests Elijah McClain was to blame for his own death,” 9 News NBC, 26 Sept. 2023, https://www.9news.com/article/news/local/elijah-mcclain/eiljah-mcclain-death-aurora-officers-trial/73-88acd083-c25c-4e33-acc4-a9f3b4155223

[20] https://www.cchrint.org/2021/12/27/cchr-honors-naacp-presidents-fight-for-rights-against-mental-health-abuse/; “The officers accused in Elijah McClain’s death didn’t face charges for 2 years. Here’s a timeline of how the case made it to trial,” CNN, 23 Sept. 2023, https://www.cnn.com/2023/09/23/us/elijah-mcclain-police-death-trial-timeline/index.html; “Colorado grand jury indicts 3 officers, 2 paramedics in Elijah McClain’s 2019 death,” Associated Press, KTLA News, 1 Sept. 2021, https://ktla.com/news/nationworld/colorado-grand-jury-indicts-3-officers-2-paramedics-in-elijah-mcclains-2019-death/

[21] https://www.nbcnews.com/news/us-news/elijah-mcclains-family-aurora-colorado-agree-record-15m-settlement-dea-rcna6015

[22] https://www.cchrint.org/2021/09/03/cchr-welcomes-state-actions-that-ban-or-restrict-behavioral-restraint-use/; Hannah Rappleye “Michigan to ban restraints in youth facilities after Cornelius Frederick’s death,” NBC News, 11 Apr. 2021, https://www.nbcnews.com/news/us-news/michigan-ban-restraints-youth-facilities-after-cornelius-frederick-s-death-n1262756

[23] Justin Carissimo and Li Cohen, “Three charged in death of black teen who died after being restrained at youth facility,” CBS News, 27 June 2020, https://www.cbsnews.com/news/cornelius-fredericks-death-lakeside-academy-staffers-charged-kalamazoo-michigan/; https://www.mlive.com/news/kalamazoo/2022/04/lakeside-academy-buildings-demolished-as-kalamazoo-county-club-plans-expansion.html; Anthony Sylvester and Katie Sergent, “Former workers enter plea in Lakeside Academy teen’s death,” WWMT News Channel 3, 16 Mar. 2023, https://wwmt.com/news/local/michael-mosley-zachary-solis-lakeside-academy-cornelius-fredericks-death-2020-sandwich-restraint-manslaughter-homicide-crime-kalamazoo-county-west-michigan

[24] Justin Carissimo and Li Cohen, “Three charged in death of black teen who died after being restrained at youth facility,” CBS News, 27 June 2020, https://www.cbsnews.com/news/cornelius-fredericks-death-lakeside-academy-staffers-charged-kalamazoo-michigan/; https://www.mlive.com/news/kalamazoo/2022/04/lakeside-academy-buildings-demolished-as-kalamazoo-county-club-plans-expansion.html; Anthony Sylvester and Katie Sergent, “Former workers enter plea in Lakeside Academy teen’s death,” WWMT News Channel 3, 16 Mar. 2023, https://wwmt.com/news/local/michael-mosley-zachary-solis-lakeside-academy-cornelius-fredericks-death-2020-sandwich-restraint-manslaughter-homicide-crime-kalamazoo-county-west-michigan

[25] https://www.cchrint.org/2021/09/03/cchr-welcomes-state-actions-that-ban-or-restrict-behavioral-restraint-use/; Hannah Rappleye “Michigan to ban restraints in youth facilities after Cornelius Frederick’s death,” NBC News, 11 Apr. 2021, https://www.nbcnews.com/news/us-news/michigan-ban-restraints-youth-facilities-after-cornelius-frederick-s-death-n1262756

[26] https://www.mlive.com/news/kalamazoo/2022/01/family-settles-second-wrongful-death-lawsuit-after-student-killed-at-lakeside-academy.html; https://www.woodtv.com/news/kalamazoo-county/settlement-approved-in-kzoo-teens-wrongful-death-lawsuit/

[27] https://www.wdrb.com/news/settlement-reached-in-death-of-boy-housed-at-louisville-foster-care-facility/article_4b598bc0-0637-11ee-9642-afd1e336fdf0.html

[28] Jasmine Demers, “Fatal failures: What happened in the final hours of Ja’Ceon Terry’s life,” Louisville Public Media, 19 July 2023, https://www.lpm.org/investigate/2023-07-19/fatal-failures-what-happened-in-the-final-hours-of-jaceon-terrys-life; Jasmine Demers, “Louisville psychiatric facility settles with estate of child who died there after alleged abuse,” Kentucky Lantern, 14 June 2023, https://kentuckylantern.com/briefs/louisville-psychiatric-facility-settles-with-estate-of-child-who-died-there-after-alleged-abuse/