Nicholas Whatley Jr. Dies After Being in Carson County, Texas Jail
The Carson County Sheriff’s department, in Panhandle, Texas, filed a report regarding the custodial death of Nicholas Whatley Jr. Mr. Whatley was only 41 years old at the time of his death. We provide in this post 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:
“I, Deputy Colton Daniels was dispatched to I40 to assist Potter County in locating a vehicle that was described as a Gray Cadillac. Dispatch stated the vehicle was operated by an intoxicated driver. While enroute to I40 I noticed the vehicle parked on 2373 facing north near County Road 5. Upon approach to the vehicle I noticed the driver seat was empty and the occupant later identified as Nicholas Whatley was sitting in the front passenger seat. Whatley then exited the vehicle and walked to the rear side of his vehicle. I asked Whatley what was going on and Whatley stated that he was fighting with his girlfriend and he just needed to leave the house. During this encounter I could smell an odor of alcohol coming from him so I then requested Whatley to have a seat in the front right passenger seat of my patrol car. Once inside my patrol I then asked him if he knew where he was and Whatley stated that he knew he exited I40 but no idea where he is. At this time, CCSO Deputy Lonny Leinenweaver arrived on scene to assist. As I continued to talk to Whatley, the odor of alcohol became stronger. I then advised Whatley that do to him being a danger to himself and others due to the circumstances that he is going to be arrested for Public Intoxication. I then transported Whatley to the Carson County Jail to be booked. Whatley was booked with no incidents. Vehicle was released to the other registered owner. (This is the arresting deputies affidavit) Whatley was booked into jail at 6:02 AM. I, Sheriff Tam Terry arrived at approximately 07:45 am and observed Whatley standing in a detox cell. He seemed to be functioning and not in any distress. I looked at his medical/suicide screens and all appeared to be good. Later while I was in court the on duty jailer discovered Whatley laying in the floor having what appeared to be a seizure. EMS was called and promptly arrived and treated Whatley and transported him to the Panhandle Airport where he was transferred to Life Star. He was flown to North West Texas Hospital in Amarillo. I drove to the hospital and observed Whatley being treated. He was pronounced at 10:00 AM. I contacted Texas Ranger Scott Swick who arrived at the hospital a short time later and initiated an investigation.”
The United States Constitution requires jailers and others with custody of pre-trial detainees to provide reasonable medical care. If an inmate dies as a result of a failure to provide reasonable medical care, and jailers and/or others are deliberately indifferent to medical needs, then certain surviving family members may be able to bring a lawsuit. Comments in this paragraph are made without reference to Mr. Whatley’s situation, as a general matter, as our law firm does not have sufficient information to determine whether any claims regarding Mr. Whatley’s death would be viable. Regardless, such jail wrongful death lawsuits are typically filed in federal court.
Dean Malone
Dean Malone