Three employees of a New Jersey nursing home were charged following an incident in which an 87-year-old resident was pepper sprayed. The event occurred on March 19, 2025, prompting a response from the Manchester Township Police Department after reports of an altercation between staff and a resident.
Upon arrival, officers spoke with a licensed practical nurse (LPN), who stated that the resident, who suffers from dementia, depression, and anxiety, had become agitated and was damaging property inside the facility. According to the LPN, she used personal pepper spray in an attempt to de-escalate the situation. Facility staff then confined the resident to his room while awaiting police and emergency medical personnel.
As part of the investigation, officers interviewed staff and reviewed surveillance footage. The video showed the resident damaging property at the nurses’ station before walking down the hallway in a manner that did not appear aggressive or threatening. The footage then showed the LPN approaching the resident from behind and deploying pepper spray directly into his face at extremely close range, followed by a second application. The resident then fell to the ground and was left unattended for several minutes before being forcibly moved to his room by a certified nursing assistant (CNA), with help from the LPN.
According to police, the resident remained in his room without medical attention for approximately 46 minutes. When emergency personnel arrived, Manchester EMS provided care and transported him to a nearby hospital for further evaluation.
The LPN was charged with aggravated assault, possession of a weapon for an unlawful purpose, and abandonment or neglect of an elderly person. The CNA and the on-duty nursing supervisor were each charged with neglect of an elderly person.
Compliance Perspective
Issue
Facilities must ensure that staff are properly trained to manage challenging behaviors commonly associated with cognitive and mental health conditions, such as dementia, anxiety, or depression. Staff are expected to maintain professional conduct at all times, including during incidents where residents may become agitated or resistant to care. The Centers for Medicare & Medicaid Services (CMS) emphasizes that any form of physical retaliation or excessive force toward residents is never acceptable. Responses to resident behavior must be based on proper training and a person-centered approach to care.
Discussion Points
- Review your policies and procedures related to preventing, identifying, responding to, and reporting abuse, neglect, or mistreatment. Ensure they are aligned with current regulatory expectations and best practices, and update them as necessary.
- Provide ongoing education and training for staff on what constitutes abuse, including physical retaliation and excessive force, and on the appropriate responses to residents who may exhibit aggression or resistance to care. This training should be part of new employee orientation and repeated annually, or more frequently if needed, to ensure staff are equipped to handle challenging situations appropriately.
- Audit to ensure staff understand what to do if a resident resists care or demonstrates physical or verbal aggression. Also, audit staff awareness of the steps to take if they suspect or witness abuse, and ensure they are familiar with reporting options, including the use of the anonymous hotline.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*