Derek Duane Overby Dies After Being in Harris County, Texas Jail

The Harris County Sheriff’s Department filed a custodial death report, regarding the death of Derek Duane Overby, with the Attorney General of Texas. We do not make any allegation of wrongdoing against anyone but are simply providing information extracted from that report. Mr. Overby was 52 years old at the time of his death.

Mr. Overby was booked into the Harris County jail on June 27^th, 2018. Three months later – on September 27, 2018 – jail staffed assigned to the 1200 Baker Street jail (2^nd floor, C Pod, Mental Health Unit) found Mr. Overby unresponsive and snoring (as if asleep). Jail staff summoned medical assistance, and Mr. Overby was transported by EMTs to an area hospital. He was placed in life support and later passed away.

The manner of death listed in the report is “undetermined.” However, the listed cause of death is “blunt head trauma.” The report also indicates that Mr. Overby had exhibited mental health problems and medical problems, and made suicidal statements.

Known suicidal inmates are entitled, pursuant to the United States Constitution, to be protected from themselves. If jailers are deliberately indifferent to known suicidal tendencies, they can be liable to family members of a person who ultimately commits suicide in a Texas County jail. Once again, we make no allegation of any wrongdoing regarding Mr. Overby, but instead are simply providing information about what was in the report and law which applies to some situations like that potentially involving Mr. Overby.  

Written By: Dean Malone

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.