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Man Dies in Wharton County, Texas Jail

The Wharton County Sheriff’s Department, in Wharton, Texas, filed a Custodial Death Report with the Attorney General of Texas regarding the death of Henry Donell Stephens.  Mr. Stephens was 56 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 related to Mr. Stephens’ death.

The summary paragraph of the report reads in its entirety:

“On 01/12/2021, Inmate Henry Stephens complained of heart burn. He was seen by the Jail Nurse. On 01/13/2021, Inmate Henry Stephens was seen by Southern Health Partners Doctor for his complaint of heart burn. Lab testing was ordered. On 01/15/2021, at approximately 1628 hours, Inmate Henry Stephens made a complaint to jail staff that his chest hurt and his left arm was numb. Jail staff escorted Inmate Stephens to the medical room where his blood pressure was checked. Jail Nurse was contacted by public service. She advised jail staff to administer a nitroglycerin pill to Inmate Stephens and then monitor him. Inmate Stephens was placed in an observation room near the control room. After approximately fifteen minutes, Inmate Stephens was checked on to see if the pill had an effect and Inmate Stephens advised that he was still having chest pains and that he had vomited. Stephens had admitted to jail staff that he had consumed a lot of sugar and junk food before he started to have chest pains. The Nurse was contacted again and advised that the nitroglycerin pill did not work and of the consumption of sugar and junk food. The Nurse advised to give Inmate Stephens heart burn medication. At approximately 1820 hours, the shift Sergeant observed Inmate Stephens fall to the floor. The shift Sergeant went immediately to the observation room and observed Inmate Stephens unconscious. Wharton EMS was contacted. One of the jail staff observed that Inmate Stephens was not breathing and had no pulse. That jail staff began CPR. Wharton EMS arrived and then began treatment. Inmate Stephens was transported to Oakbend Emergency Room, Wharton. At approximately 1937 hours, Inmate Stephens was pronounced dead. An Investigator from the Wharton County Sheriff’s Office and a Texas Ranger was contacted and made location to conduct an investigation. An Autopsy was performed by the Fort Bend Medical Examiner’s Office. The Cause of Death was listed as Part 1: Atherosclerotic cardiovascular disease and Part 2: Chronic obstructive pulmonary disease. The manner of death was Natural.”

Without regard to what happened to Mr. Stephens, jailers in Texas are obligated by the United States Constitution to provide reasonable medical care to county jail inmates.  Likewise, medical personnel must provide the same level of care. If jailers or medical personnel in Texas county jails are deliberately indifferent and/or act in an objectively unreasonable manner regarding such medical care, and a person dies as a result, then they may be liable to certain surviving family members.  These are sometimes referred to as civil rights claims or constitutional claims, and they are usually filed in federal court.

Written By: author image Dean Malone
author image 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.