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Michael Joseph Tokos Dies After Being in Jim Hogg County Jail

Prison cells in big jail and security guard

The Jim Hogg County Sheriff’s Department, in Hebbronville, Texas, filed a report regarding the custodail death of Michael Joseph Tokos. Mr. Tokos was 55 years old at the time of his death. We provide information we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The summary portion of the report reads in its entirety:

“ON 9 19,2022 THE DECEASED WAS LAYING IN BED AND ACCORDING TO THE BUNK MATES HE STARTED TO SHAKE AND ALMOST FELL OUT OF THE BUNK HE WAS IN , INMATES CALLED JAILER ON DUTY AND JAILER SAW THAT DECEASED WAS BREATHIN SHALLOW AND JAILER IMMIDIATELY CALLED FOR AN AMBULANCE, AMBULANCE REMOVED THE DECEASED FROM THE BINK AND PLACED HIM IN THE STREATCHER AND PUT HIM IN THE AMBULANCE AND STARTED ATENDING TO HIM AND DROVE OVER TO THE HALO PAD WAITING FOR THE AIR AMBULANCE WOULD ARRIVE. AIR AMBULANCE ARRIVED AND WORKED ON THE DECEASED AND EVENTUALLY STOPPED DUE TO NO PULSE , THE COUNTY JUDGE PRONOUNCED HIM DEAD AT 12:00 NOON ON 09-19-2022.”

The post provides no information about any ongoing medical issues, how often if at all Mr. Tokos had been monitored, and/or any context regarding his medical issues which resulted in his death.

It is important that government officials provide the public notice of custodial deaths. However, with regard to Mr. Tokos, the Jim Hogg County Sheriff’s Department appears to have not complied with the law. The law requires a sheriff’s department to report a custodial death to the attorney general of Texas within 30 days after the death. Jim Hogg County Sheriff’s Department apparently failed to make such a report until January 23, 2023. This was months after Mr. Tokos’ September 19, 2022 death. The Jim Hogg County Sheriff’s Department provides no explanation in the custodial death report as to why it took so long, well beyond the 30-day window, to file the report.

The United States Constitution requires jails and jailers to provide reasonable medical care to inmates. If an inmate has serious health conditions, and jailers are indifferent to those conditions, and fail to obtain medical care, and a person dies as a result, then certain family members may be able to file a federal civil rights lawsuit. Our jail neglect and abuse law firm is handling a number of such lawsuits across Texas.

Written By: author avatar Dean Malone
author avatar 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.