Mark Wayne Stovall Dies After Being in Upshur County, Texas Jail

The Upshur County Sheriff’s Department, in Gilmer, Texas, filed a report regarding the death of Mark Wayne Stovall in its jail. Mr. Stovall was only 53 years old at the time of his death. We provide information in this post that we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The report was drafted by Sheriff Larry Webb and indicated that Mr. Stovall was originally incarcerated in the jail at 3:26 p.m. on March 31, 2022. It also indicates that Mr. Stovall passed away on April 5, 2022 at 8:36 a.m. It lists as the cause of death “pulmonary artery aneurysm.” The summary portion of the report reads in its entirety:

“On Tuesday, April 05, 2022, Mark Wayne Stovall SO #51151 was found unresponsive in his cell by Upshur County Jail Staff who was conducting a scheduled cell check. Mr. Stovall had been placed on a medical watch previously that morning around 0200 hrs for the complaint of chest pains. EMS was summoned to the jail at the request of our jail medical staff to examine Mr. Stovall for his complaints. After EMS arrived and examined Mr. Stovall they informed jail staff that he did not need to be transported to the hospital and was suffering from an anxiety attack . Around 0730 hrs is when Jail staff found Mr. Stovall unresponsive and immediately entered the cell and began to preform CPR on Mr. Stovall. EMS was summoned again to the jail for the medical emergency. Jail Staff continued CPR until they were relieved by EMS. EMS was not able to revive Mr. Stovall and he succumb to the unknown medical emergency. Justice of the Peace Anthony Betterton arrived at the jail and pronounced Mr. Stovall deceased. The Texas Rangers were notified and are conducting the investigation into the incident.”

People held in Texas county jails are entitled, pursuant to the United States Constitution, to receive reasonable medical care. Jailers, EMS personnel, and jail medical personnel cannot be deliberately indifferent to known serious medical needs of an inmate in a Texas county jail. If they are deliberately indifferent, and a person dies as a result, then certain surviving family members may be able to file a lawsuit regarding constitutional violations.

We make no comment on whether anyone would be liable for Mr. Stovall’s death. The summary provided above indicates that at some point, Upshur County jail staff contacted EMTs. When they contacted EMTs, what they knew at the time, and known information about Mr. Stovall’s medical history could factor into this determination. Further, based upon Mr. Stovall’s cause of death, it appears that he was not merely having an anxiety attack but rather appeared to be, from a layperson’s perspective, in the midst of a serious medical event. This seems to be clear due to his death shortly thereafter.

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.