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LINCOLN — A state prison watchdog is faulting staff at the Tecumseh State Prison for firing about 200 rubber bullets, pepper balls and bean bags at disruptive inmate during a disturbance two years ago.

In a report released Tuesday, Doug Koebernick, the inspector general for corrections, said the use of force was excessive and unnecessary in dealing with a mentally ill inmate, with whom prison staff had previous experience.

“This was a disturbing event,” the inspector general wrote. “Although this event took place in 2021, it was important to release it in order to promote accountability within the system and to assist with identifying any possible reforms related to this incident and similar incidents.”

Acting director shared concern

In January, Diane Sabatka-Rine, then the acting director of state corrections, wrote a formal response, saying that she shared the IG’s concern about the mishandling of the disturbance. She said that the actions of staff do not represent the mission or values of the department.

State prison administrators, Sabatka-Rine said, were not made aware of an earlier incident involving the inmate, in December 2020, and had they been, matters “would have been addressed.”

Koebernick, in a 26-page report, said he was unaware of the incident until meeting the inmate, who was covered in welts and bruises, about two months afterwards in a special management unit cell at Tecumseh.

He learned of an earlier excessive force incident involving the inmate in December 2020, in which staff fired more than 100 rounds of rubber bullets, pepper balls and chemical agents in an attempt to bring the combative inmate under control.

The report said there was a lack of leadership and a violation of policy in the June 2021 incident, and despite the inmate’s history of mental illness, there was “minimal” involvement of mental health staff. Three rubber bullets became lodged under the inmate’s skin in the disturbance which lasted “several hours.”

Involve mental health staff

The December 2020 incident, the report said, should have resulted in a better response months later.

The inspector general offered recommendations, including:

1. Update the Department’s use of force policy. Include efforts at de-escalation by a licensed mental health professional, when time allows, for incidents involving people with known mental health issues.

2. Develop individualized de-escalation plans for people with serious mental illnesses who have histories of volatile interactions with staff.

3. Implement a reimbursement policy for on-call mental health staff.

The department agreed with the first recommendation. As for the second recommendation, the department said inmates with serious mental illnesses already have individualized treatment plans that may include de-escalation steps.

The agency said that under current labor contracts, there is no provision to “call back” such mental health workers.

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