Man Dies of Suicide in Bi-State Jail in Texarkana, Texas – Texas Rangers Investigate
The Bowie County Sheriff’s Office, in Texarkana, Texas, filed on July 9, 2019 a custodial death report regarding the death of Michael Lowell Rodden. Texas law requires that a law enforcement agency file such a report with the Attorney General of Texas no later than 30 days after a custodial death. Mr. Rodden was only 48 years of age at the time of his death.
Information in this post was obtained from the custodial death report. We make no allegation of any wrongdoing against anyone.
Mr. Rodden was initially incarcerated at the Bi-State jail on July 3, 2019 for an apparent drug-related offense. The report indicates nothing about the intake process regarding Mr. Rodden, or whether periodic observations of him were conducted (in accordance with Texas Commission on Jail Standards regulations) from July 3, 2019 until Mr. Rodden’s death on July 6, 2019. The Texas Commission on Jail Standards provides to all 254 county jails in Texas a form to be used at the time a prisoner is booked-in to a county jail. That form is designed primarily to determine whether a prisoner has significant medical needs and/or mental health issues. If certain questions are answered in a certain way on the form, the jail has an obligation to contact a local judge. The Bi-State jail should have such a completed form for Mr. Rodden.
The report indicates that Mr. Rodden was discovered in a single-occupancy cell, within M Pod of the Bi-State jail in Bowie county, on July 6, 2019. He had last been observed by jail staff at approximately 8:11 a.m. He was allegedly found by inmates approximately 48 minutes later – at 8:59 a.m. Inmates within the day room of M Pod discovered Mr. Rodden hanging from a window within his cell. Inmates then notified jail personnel. Mr. Rodden had used clothing to create a ligature.
Jail personnel removed the ligature and initiated life saving measures. Unfortunately, such measures were unsuccessful.
If Mr. Rodden was known to be suicidal, items with which he could harm himself should have been removed from his cell. He also should have been observed continuously, pursuant to Fifth Circuit precedent. Once again, we make no allegation of wrongdoing against anyone, but are simply providing information applicable to situations like that involving Mr. Rodden.
After Mr. Rodden was discovered, the Bowie County Sheriff’s Office and a Texas Ranger responded to the scene. The report indicates that Mr. Rodden intimated to the Texarkana, Texas Police Department, at or after the time of his arrest, that he would “commit suicide by cop in future interactions with law enforcement.” The report further indicates that those police officers relayed information to area law enforcement by e-mail but “neglected to inform jail staff during the book-in procedure.” The report further alleges that Mr. Rodden “did not display nor communicate suicidal behavior within the jail facility during processing.”
Justice of the Peace Nancy Talley responded to the jail and performed an inquest, requiring an autopsy of Mr. Rodden. The Dallas County, Texas medical examiner’s office conducted such an autopsy, and results are pending.
United States constitutional law is clear – police officers and jailers should not be deliberately indifferent to known suicidal tendencies of an arrestee and/or prisoner. If such police officers and/or jailers are deliberately indifferent, and someone such as Mr. Rodden dies as a result, those police officers and/or jailers can be liable to surviving family members pursuant to a federal statute – 42 U.S.C Section 1983. Such claims are usually brought in federal court in one of four Texas federal districts.
It appears that the Texas Rangers will conduct an investigation of Mr. Rodden’s death. However, such investigations are typically only to determine whether any criminal conduct occurred. However, the Texas Commission on Jail Standards will also likely conduct an investigation.
Dean Malone
Dean Malone