Mother wins consent to sue state over son's abuse injuries

Senate OKs measure to allow lawsuit over harm done to man at state school.

By Ken Herman
AMERICAN-STATESMAN STAFF
Thursday, May 28, 2009

The Texas Senate voted Wednesday to allow a Dallas mother to sue the state for permanent injuries suffered by her son as a result of abuse at the Denton State School.

The 24-7 vote came just over four hours before the deadline for action on the measure and marked the first time since 2001 that lawmakers voted to allow anyone to sue the state. Under provisions of the U.S. Constitution, the state cannot be sued without permission of the Legislature.

The Senate action— which sends the measure to Gov. Rick Perry — could mark the end of Farhat Chishty's long battle to get to the courthouse. Her son Haseeb, now 35, was left without the use of his arms and legs after being beaten in 1992 by Kevin Miller, a state school employee who was sentenced to 15 years in prison.

Two years ago, the same resolution failed. Chishty said she watched Wednesday's vote on her computer.

"Finally, I think they have tried to repair my trust," she said. "I did my obligation to my son," she added as she cried.

The measure passed with no debate. Senate sponsor John Carona, R-Dallas, called Haseeb Chishty's condition a "really tragic and serious situation" resulting from more than an individual's act of abuse.

"The testimony reveals gross mismanagement of the personnel there at the facility, rampant drug use. Just horrible, horrible conditions existed," Carona said.

State law limits the Chishtys potential court-awarded damages to $500,000, in addition to medical costs. Prior to Wednesday's vote, Lt. Gov. David Dewhurst said he believed the state had been fair.

"Be that as it may, I think I'll just leave it up to the senators if they want to vote (to allow the lawsuit) and then leave it up to the courts to decide whether or not the state has done everything it could and whether or not additional compensation is due," Dewhurst said.

Farhat Chishty said Wednesday that the state had not offered anything it is not required to do by law, providing funds she said do not fully cover her son's care and money from the state's Crime Victims Compensation Fund. A Chishty representative said she has received about $40,000.

kherman@statesman.com; 445-3851