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Clay County, Texas Inmate Dies

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Silhouette of barbed wires and watchtower of prison

The Clay County Sheriff’s Department, in Henrietta, Texas, recently filed a custodial death report with the Attorney General of Texas.  The report was regarding the death of Scott Allen Payne.  Mr. Payne only 46 years of age at the time of his death.  Information in this post was obtained from that report, and we make no allegation of any wrongdoing against anyone related to Mr. Payne’s death.

On September 28, 2019, at approximately 5:19 p.m., a Clay County detention officer was issuing breakfast trays to three inmates housed in tank 69.  Tank 69 was a multi occupancy cell that can house up to eight inmates.  In our experience, there is a common area in such a cell, with individual cells off of the common area.

One of Mr. Payne’s fellow inmates discovered that Mr. Payne had committed suicide using a ligature.  Apparently, Mr. Payne had been deceased for such a length of time that resuscitative attempts were not made.

An autopsy was conducted by The Southwestern Institute of Forensics at Dallas.  Further, a Texas Ranger is conducting an investigation.

The report indicates that Mr. Payne’s last documented movement was at 11:59 p.m. on September 27, 2019, and that such documented movement was through viewing a video recording.  Thus, it appears that face-to-face checks of Mr. Payne had not been made for some time, if at all.

The report indicates that Mr. Payne made suicidal statements.  It also indicates that he exhibited mental health problems. 

Without regard to what occurred to Mr. Payne, Texas jails must comply with constitutional standards regarding suicidal inmates.  Jailers cannot be deliberately indifferent to known suicidal tendencies.  Further, the Texas Commission on Jail Standards requires certain periodic observations of potential suicidal inmates.  If the constitutional rights of a deceased person are violated, some surviving family members can bring claims pursuant to federal law, in federal Court.    

Written By: author image Dean Malone
author image Dean Malone
Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.