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Fannin County, Texas Jail Noncompliant with Standards

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The Texas Commission on Jail Standards recently issued a special inspection report regarding the Fannin County, Texas jail. The report was issued on December 19, 2018.

The report includes a reference to the requirement that every county jail shall have an appropriate number of jailers at the jail 24 hours per day. Moreover, every jail must have established procedures to document face-to-face observations of all inmates by jailers no less than once every 60 minutes. Finally, the standard requires that observations be performed at least every 30 minutes in areas where inmates are known to be potentially suicidal, mentally ill, assaultive, or who have demonstrated bizarre behavior.

The report apparently related to an inmate’s death, as the inspector referenced reviewing video evidence regarding such a death. The inspector determined that, while 30-minute face-to-face observations occurred before the inmate’s death, the previous round of observations exceeded the 30-minute requirement by up to 49 minutes.

The Texas Commission on Jail Standards has minimum jail standards. However, it is our firm’s opinion that some such standards are inadequate. If an inmate is potentially suicidal, anything short of continuous observation is insufficient. It takes just a few minutes for an inmate to commit suicide, and he or she can be found after doing so, if only 30-minute observations are being conducted, long after he or she is deceased. Thus, simply complying with Texas Commission on Jail Standards standards does not necessarily absolve a Texas county jail or its jailers of liability for the death of an inmate.

Written By: author avatar Dean Malone
author avatar 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.