Lt. Jane Diaz, another defendant, also referred to the incident as a “rebellion” and said her fellow officers were elbowed by the detainees as the guards tried to move them.
“They were assaulting our staff,” she said.
In that environment, the guards said, their use of pepper spray was appropriate.
“If they refuse to go to count, if they refuse verbal commands, and they’re disrupting our dorm. … This is why they got sprayed,” Diaz said during a May 2019 deposition.
In a statement to NPR, a GEO spokesperson wrote, “GEO strongly rejects the allegations outlined in the lawsuit, which is part of a coordinated effort to undermine immigration policies that our company plays no role in setting.”
Lawyers for GEO have also argued that the use of hot water to remove the pepper spray was appropriate.
“Water, which is the method used at the Facility for decontamination purposes, does reactivate the tingling sensation caused by the OC spray,” they argued in one legal filing, “however, it is necessary to remove the spray.”
The GEO spokesperson also stated, “Independent reviews of the incident conducted and commissioned by the federal government found that our employees acted in accordance with established protocols and procedures.”
A spokesperson for ICE declined to comment, but an inspector from the Department of Homeland Security who reviewed the incident concluded that the use of pepper spray “was appropriate given the circumstances.” However, the inspector faulted Adelanto for failing to provide cold water when it came time to clean the spray off the detainees, writing that “warm water will exacerbate the burning effect of the OC pepper spray.”
‘We Wanted to be Heard’
Attorneys for the detainees say that facility staff caused the disturbance by escalating the situation and using more force than necessary.
“Our clients fled violence and persecution in their home countries, believing they would find safety and security in the United States,” said attorney Rachel Steinback in a statement. “Instead, they were subjected to inhumane treatment at Adelanto — and were violently punished for daring to complain.”
The detainees’ attorneys cited GEO’s own use-of-force policy, which considers pepper spray a “major use of force.” According to the policy, officers can only use “major” force when, “Imminent and immediate danger to employees, inmates, or other persons exist.”
The detainees said they were clear with GEO staff that they were starting a “peaceful” hunger strike to get facility supervisors to discuss their complaints.
“We just wanted to speak and we wanted to be heard,” said one of the strikers, Julio Cesar Barahona Cornejo. “At no time did I raise my hands to try to hit them or anything.”
Their actions, they said, were met with hostility, then physical force, then pepper spray.
According to the lawsuit, one of the detainees broke his nose and had his tooth knocked out after he was pushed into a wall. GEO’s attorneys say it is “uncertain” whether the detainee’s nose was broken during the incident, because he didn’t report it to a doctor that day.
“What they did to us, you don’t even do that to an animal,” said another detainee, Josue Vladimir Cortez Diaz.
The records in the case also raise questions about Lt. Jane Diaz’s record at the facility, including an investigation into a separate pepper spray incident from 2019.
A declaration filed by Diaz’s own legal defense mentions “an April 2019 complaint/investigation related to Diaz’s attempt to use chemical agents on a detainee in violation of GEO policy.” According to the legal filing, “GEO personnel found that Diaz obstructed the investigation by not providing complete information to the investigator.” The incident “ultimately led to her termination from GEO,” according to the filing.
Susan Coleman, an attorney representing Diaz, Campos and GEO, stated in an email to NPR, “We can’t comment on personnel actions.”
Treatment at Adelanto
Advocates for immigrants say the allegations from the 2017 incident fit a broader pattern of detainee mistreatment at Adelanto.
Under the Freedom of Information Act, NPR has obtained and examined hundreds of grievances filed by detainees at the facility. Several of those complaints allege threats, mistreatment and verbal abuse by Adelanto staff.