AUSTIN, Texas — A woman whose mentally disabled son was beaten so badly while living in a state institution that he could no longer walk or perform basic functions is a step closer to being able to sue the state of Texas and the facility where her son lived.
The Texas House unanimously approved a resolution Tuesday giving Farhat Chishty the right to sue over the 2002 beating of her son Haseeb. The vote sends the proposal to the Senate, where Dallas Republican Sen. John Carona has said he will sponsor it.
A care worker at the Denton State School — one of Texas' 13 large institutions for the mentally disabled — repeatedly kicked and punched Haseeb Chishty in the stomach and groin. Chishty spent months in an intensive care unit and nearly died after the beating. He is now confined to a wheelchair and unable to feed himself or use the bathroom.
In a videotaped statement recorded by Chishty's attorney, former care worker Kevin Miller acknowledged he had beaten Haseeb Chishty and said many of his fellow state school employees used methamphetamines, cocaine and Oxycontin on the job.
"It got to the point where it was fun beating him, torturing him," said Miller, now serving 15 years for aggravated assault.
Chishty's mother filed a lawsuit against the facility, but initially it went nowhere. In Texas, government entities are all but immune from lawsuits and plaintiffs often require special legislation to proceed.
The resolution approved Tuesday would bypass those immunities and allow the suit.
"The original culprit is doing prison time, but the Chishty family is financially devastated and needs their day in court," said Rep. Lon Burnam, D-Fort Worth. Burnam was behind the measure in the House.
While Farhat Chishty said she was pleased with the result, she is worried about the Senate. A similar measure granting her the right to sue was approved by the House in 2007 but died in the Senate.
"I'm happy ... but last time, the same thing happened but we lost in the Senate. At least 50 percent of my stress is gone away. But now I am trying to get energy to start again for the Senate," she said.
The measure is moving with only two weeks before the session ends June 1. Carona said if the proposal gets to the Senate fast enough, he believes he can gather the support to pass it in time.
"While I'm unfamiliar with the family or the details of this particular case, I support the principle," he said. "Citizens ought to have the right — when there are egregious abuses involving the state — to sue."
The House vote came just before the House finally approved legislation to increase security and oversight at state schools across Texas. Legislators have been working on reforms this session in the wake of widespread reports of abuse and neglect.
Chishty claims that the school and the state Department of Aging and Disabilities Services knew that Miller was a risk to residents and that they attempted to cover up the cause of her son's injuries, according to the resolution allowing the lawsuit.
"I just need justice. Every day I cry. Every day I feel helpless. Still I will keep fighting. If state will not let me sue, we will go federal," Chishty said. "I have a moral and religious responsibility to my son. He cannot ask. I have to ask. Until I die, I will keep asking."
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Associated Press Writer Jeff Carlton in Dallas contributed to this report.
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