Joshua Cody Fouse Dies in Smith County, Texas Jail

The Smith County Sheriff’s Office, in Tyler, Texas, filed a report regarding the custodial death of Joshua Cody Fouse. Mr. Fouse was 42 years old at the time of his death. We provide in this post information 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 December 4, 2022, Joshua Fouse was booked into the Smith County Jail on an outstanding felony warrant for Theft of Property. Inmate Fouse was classified to the Low Risk facility J tank. On December 7 at approximately 4:10 am inmate Fouse did not get up for his breakfast tray, therefore Officer Donnell entered the cell to ask the inmate if he was going to eat breakfast. Officer Donnell found inmate Fouse unresponsive and called a code Blue (medical emergency). Officers responded to the cell and administered CPR, they also used the AED defibrillator. UT Emergency Medical Services (EMS) arrived at the jail and took over life saving measures. At approximately 4:56 EMS staff stated inmate Fouse was deceased. Judge Derrick Choice arrived at the facility and pronounced inmate Fouse deceased. Texas Ranger Chris Bagget arrived and processed the cell. If you need additional information, please feel free to give me a call at (903) 590-2809 or (903)944-9477.”

The report provides no information regarding any ongoing medical issues suffered by Mr. Fouse, any treatment he was receiving, or how often he had been observed in his cell. The report also does not provide any information as to events leading to Mr. Fouse being discovered.

The United States Constitution requires Texas county jails, and those working in them, to provide reasonable medical care to detainees and inmates. If jailers or medical personnel fail to provide medical care, and a person dies as a result, then certain surviving family members may be able to file a lawsuit. These jail neglect claims are typically brought in federal court.

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.