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Johnny Gutierrez Dies After Being in Cameron County Jail

DM Jail Corridor
Inside The Old Idaho State Penitentiary

The Cameron County Sheriff’s Department, in Olmito, Texas, filed a report regarding the custodial death of Johnny Gutierrez. Mr. Gutierrez was only 39 years old at the time of his death. We provide in this post information we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The summary portion of the report reads in its entirety:

“On Thursday January 26 2023, Inmate Johnny Gutierrez (39) hanged himself using a mattress cover while in custody at the Old County Jail (Single Cell). Inmate Johnny Gutierrez was transported immediately to the Valley Baptist Medical Center In Brownsville by EMS. Cameron County Sheriff’s Office Criminal Investigation Division contacted Texas Department of Public Safety (Ranger Division) and notified them of incident. Texas Rangers responded to the Old County Jail and processed the single cell where the male inmate was housed. On Friday January 27, 2023, at approximately 1402 hours, Inmate Johnny Gutierrez died at the Valley Baptist Medical Center Brownsville TX.”

The report indicates that Mr. Gutierrez was arrested for only possession of marijuana. The report also indicates that Mr. Gutierrez exhibited mental health problems and made suicidal statements.

The 14th Amendment to the United States Constitution requires jailers and others who have custody of pre-trial detainees to provide reasonable medical care, reasonable mental health care, and also to protect arrestees from themselves and others. This includes a requirement that such a person be protected from known suicidal tendencies. If the Constitution is violated, and a person dies as a result, then certain surviving family members may be able to file a federal constitutional rights lawsuit.

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.