Press Release: Tarrant County Settles Federal Lawsuit Regarding Jailed Intellectually Challenged Woman

Tarrant County Settles Federal Lawsuit Regarding Jailed Intellectually Challenged Woman

For Immediate Release

Fort Worth, Texas – 12/04/2024

Tarrant County agreed to pay $775,000.00 to settle a federal lawsuit regarding the incarceration of Kelly Masten. Kelly Masten has Lennox-Gastaut Syndrome and therefore presents as obviously developmentally disabled. Kelly has daily seizures and was diagnosed with her seizure disorder when she was only two years old. As a result of oxygen loss, her brain did not cognitively develop beyond roughly that of a four-year-old or a five-year-old. Kelly cannot read or write and has almost no capacity to understand numbers. Kelly needs help with daily tasks such as eating, taking medications, showering, and getting dressed. Kelly’s entire family restructured their lives to care for her.

On April 11, 2022, Kelly, 38-years-old at the time, was having a difficult day. She was upset about wanting more chicken pot pie. She threw a tantrum and bit her grandmother, who called “911” “for the first time in their lives.” Her grandmother expected to receive medical assistance. Instead, Kelly was arrested, handcuffed, and then taken to and incarcerated in the Tarrant County jail.

It was clear to everyone that Kelly was developmentally disabled. However, this did not keep Kelly from being incarcerated in a cell in which she apparently experienced seizures and as a result significant bruising and injury to various portions of her body. Once Kelly was finally discharged from the Tarrant County jail, after over a week, she was taken to JPS hospital in an emergent condition. Healthcare workers put Kelly into a medically-induced coma, in which she remained for weeks. Fortunately, Kelly survived. However, she continues to suffer psychological damage from being jailed when what she needed was treatment and help.

Constitutional rights lawyer Dean Malone represents Kelly through her sister as guardian. Mr. Malone filed a federal lawsuit regarding Kelly’s incarceration, and the parties recently reached a $775,000.00 settlement. Mr. Malone said, “Kelly was forever changed by her ordeal in the Tarrant County jail, and she suffered physical injuries that no one should have to suffer as a result of not receiving appropriate seizure medication. Kelly has the mind of a five-year-old and should have never been booked into the Tarrant County jail. There is no amount of money that would compensate Kelly for what occurred, but her family is glad that we were able to bring this matter to a conclusion. Hopefully, Tarrant County and other Texas counties will change their policies as a result of the lawsuit and settlement.”

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.