Man Commits Suicide in Galena Park, Texas Jail
The Galena Park, Texas police department recently filed a custodial death report regarding the death of Hector Salas, Jr. Mr. Salas was only 31 years of age at the time of his death. Information in this post was extracted from that custodial death report. Thus, beyond what is in the report, we have no personal knowledge of what occurred. We also make no allegation of any wrongdoing against anyone in this post.
Mr. Salas was originally incarcerated in the Galena Park, Texas jail or holding facility at 7:00 p.m. on Thursday, November 29, 2018. Mr. Salas ultimately passed away at 12:00 a.m. on November 30, 2018.
Mr. Salas was the only person in the jail at the time of his suicide. Mr. Salas had apparently been provided with a jail mattress from which he was able to tear apart fabric in thin strips to create a noose. Mr. Salas was able to tie one end of the fabric strip to the jail cell door and make a noose with the remainder. He attempted suicide twice with the thin mattress fabric strips. However, they broke. He then used a much thicker mattress fabric strip, tied it to the jail door, and used it to asphyxiate himself. According to the report filed with the Attorney General of Texas, the entire incident was captured on jail surveillance cameras. The report says nothing about whether Mr. Salas had been appropriately monitored.
The Texas Commission on Jail Standards has standards which apply to county jails in Texas. While they do not apply specifically to municipal jails or or city or town holding facilities, Texas municipal jails, such as that in Galena Park, should use those standards as a minimum guide and a starting point to develop more stringent and appropriate standards.
We are uncertain as to which, if any, policies and procedures the Galena Park, Texas police department uses when it houses inmates. Perhaps the most important policy, regarding housing a likely or potentially suicidal prisoner, is the manner and frequency of monitoring. The Fifth Circuit Court of Appeals, which covers Texas, Louisiana, and Mississippi, issued an opinion over 25 years ago indicating that nothing short of continuous monitoring of such persons would be sufficient to pass constitutional standards.
With regard to Mr. Salas, the report indicates that he had made suicidal statements. Therefore, it appears that the Galena Park jail was on notice of the likelihood of Mr. Salas committing suicide. However, beyond the indication in the report that Mr. Salas made suicidal statements, we have no knowledge of the manner and frequency of any such statements.
Generally, people in Texas city jails have constitutional rights including the right to be protected from themselves and others, the right to reasonable mental health care and medical care, and the right not to be punished as pretrial detainees. This makes sense, because someone who has not been convicted of a crime should not be punished and should not suffer injury or death while in a Texas city jail.
If a city or county jail in Texas violates these constitutional rights, and a person dies as a result, generally, the person’s spouse, parents, and children might have claims pursuant to 42 U.S.C. § 1983. Also, the administrator of the person’s estate might bring what are referred to as “survival claims.” Survival claims are claims brought for the mental anguish and emotional distress of the deceased person, among other things. Most such civil rights claims are filed in Texas federal courts.
Texas federal courts are divided into four districts – Northern, Southern, Eastern, and Western. Each of these Texas districts covers a number of Texas counties, and each has divisions. A Texas civil rights attorney will be able to determine the appropriate district in which to file any lawsuit, as well as the appropriate division within that district.