A contractor installing vape detectors found a pouch with four USB flash drives and three micro-SD cards containing images and video of people ‘using the restroom with private areas discernible’, hanging from one of the restroom ceilings of the Del Valle Opportunity Center, records show. — Photo by Sara Kurfeß on Unsplash
A contractor uncovered thumb drives and SD cards in a Texas school bathroom containing images of staff, visitors and students captured with hidden cameras.
Now, 35 people have filed a lawsuit against the Del Valle Independent School District and former head custodian Juan Manuel Del Toro over unlawful invasive surveillance and invasion of privacy, according to court records.
The district said it received the filing last week and declined to comment to McClatchy News on pending litigation. Attorney information for Del Toro was not available.
Contractor finds hidden material in ceiling
On Dec 7, 2022, a contractor installing vape detectors found a pouch with school branding hanging from one of the restroom ceilings of the Del Valle Opportunity Center, which operates as an alternative high school, according to the lawsuit.
Inside were four USB flash drives and three micro-SD cards containing images and video of people “using the restroom with private areas discernible”, records show. District staff, visitors and minors were seen in the footage.
The material was captured between April 2020 to December 2022, the lawsuit states.
A police officer came to remove the hidden device, but it had already been taken down, records show.
A sweep of the building revealed “five additional restrooms contained evidence that cameras had been present”, including mounting material, according to the lawsuit.
Officers also found “a magnetic strip, plastic camera mount, and a charging dock” at Del Toro’s workstation, records show.
Surveillance video captured Del Toro throwing away a trash bag that investigators later discovered had an empty box labeled “Mini Spy Camera”, according to court records.
Reports of past inappropriate behaviour
The lawsuit alleges Del Toro, who had worked with the district since 2000, had been reported to the district by several employees dating back to 2018 for inappropriate behaviour, including “touching, sexual harassment, and sexual assault”, according to the lawsuit.
“Del Toro was continuously moved to different District locations in an attempt to remedy the situation,” the lawsuit says.
The lawsuit claims these actions violated the plaintiffs’ right to privacy protected under the Fourth Amendment and violated Texas Labor Code by failing to “maintain a safe workplace that was free of sexual harassment”.
The plaintiffs seek monetary damages exceeding US$1mil, punitive damages, and a jury trial.
Del Toro faces four charges of invasive visual recording, court records show.
Del Valle is about a 10-mile drive southeast from downtown Austin. – The Charlotte Observer/Tribune News Service
