Kaufman County, Texas Jail Prisoner Dies

The Kaufman County Sheriff’s Department recently filed a custodial death report with Ken Paxton, Attorney General of Texas, regarding the death of Elmer Dale Barrett. Mr. Barrett was 70 years of age at the time of his death. Information in this post was obtained from that report and related documents.

Mr. Barrett was arrested for an alleged federal offense. Therefore, it appears that the United States Marshals Service had some authority over his detention. Regardless, it appears that the Kaufman County Sheriff’s Department had custody.

The custodial death report provides very little information in the summary. The summary indicates that Mr. Barrett was found unresponsive. Jail medical personnel responded, and EMS was called to the jail. Mr. Barrett was transported to a local hospital, where he was pronounced deceased at 3:31 a.m. on May 19, 2019. The Texas Rangers conducted an investigation into Mr. Barrett’s death.

Interestingly, the Texas Commission on Jail Standards issued a special inspection report on June 26, 2019. The report is regarding a Kaufman County jail prisoner. While the report does not list a prisoner to which the report relates, it appears the report likely relates to Mr. Barrett.

The report indicates the Kaufman County jail violated Section 273 of regulations promulgated by the Texas Commission on Jail Standards. Part of that section requires that all medical orders of designated physicians, regarding prisoners, be followed. However, the Texas Commission on Jail Standards inspector wrote, “After reviewing medical documentation, it was determined that the medical tests ordered by the physician on May 7, 2019, were not faxed to the United States Marshal’s Service for approval until May 16, 2019.” While we make no allegation of any wrongdoing in this post, it appears that the Kaufman County jail may have failed to obtain approval for tests for Mr. Barrett. If one or more jailers were deliberately indifferent to Mr. Barrett’s medical needs, they could be liable to one or more of Mr. Barrett’s family members for violations of the United States Constitution.

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.