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State school beating victim to sue

Denton State School resident was punched, kicked

Updated: Tuesday, 24 Mar 2009, 12:08 PM CDT
Published : Tuesday, 24 Mar 2009, 12:08 PM CDT

AUSTIN (AP) - A mentally disabled but physically healthy adult, Haseeb Chishty was living at the Denton State School in 2002 when he was kicked and punched by a staff member who did it for fun. He was left in a wheelchair and unable to feed himself or use the bathroom.

Chishty's attacker went to prison and the family has for years been trying to sue the state, only to be prevented by legal roadblocks that grant the state immunity. But given new allegations of abuse that put conditions at the state's large homes for the mentally disabled in the spotlight, state lawmakers may finally be ready to give Chishty his day in court.

The family is asking the Legislature to pass a resolution that waives the state's sovereign immunity, allowing them to sue the Department of Aging and Disability Services for damages. They also want an atonement for what was done to him.

Chishty's mother, Farhat Chishty, told members of the House Committee on Judiciary and Civil Jurisprudence Monday "I have many blisters on the soles of my feet from running around trying to find justice for my son."

The resolution was left pending without a vote but it was clear panel members were inclined to support it. The House passed a similar measure two years ago, but it died in the Senate.

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