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Smith County Jail, in Tyler Texas, Fails Another State Inspection

Prison guard escorts inmate through corridor in jail corridor for booking after arrest.

The Smith County jail, in Tyler, Texas, continues to have serious problems staying in compliance with minimum standards set forth by the Texas Commission on Jail Standards (TCJS). The Smith County jail – once again – failed an inspection by the TCJS. The inspection occurred between March 22 and 24, 2022. The TCJS inspectors found at least six minimum jail standards violations.

Inspectors referenced the February 25, 2022 special inspection report, in which the TCJS warned the Smith County jail not to hold inmates in holding cells for more than 48 hours. Amazingly, at the March 2022 inspection, there were still issues with holding inmates longer than the allowed time.

TCJS inspectors also found a violation of the minimum standard that requires the status of persons confined to a violent cell be reassessed and documented at least every 24 hours for continuance of that status. Inspectors determined that documented reviews of inmates placed in a violent cell were not being conducted every 24 hours.

TCJS inspectors also determined violation of a minimum standard regarding restraint chairs. TCJS inspectors, during the March 2022 inspection, when reviewing restraint chair logs, found that the required 15-minute observations were exceeded by as little as one minute and by as many as 10 minutes on multiple occasions.

TCJS inspectors also found that a Smith County jail employee was working without being licensed. Inspectors determined through a review of Texas Commission on Law Enforcement records that a certain detention officer’s temporary jailer’s license expired December 20, 2021. He continued to work without a valid TCOLE license from December 20, 2021 until February 9, 2022. A temporary license requires no education or training.

TCJS inspectors also found violation of the minimum jail standard regarding the number of jailers per inmates. Documentation revealed to TCJS inspectors that the Smith County jail failed to staff a central jail facility and north jail facility with no less than one jailer per 48 inmates, on multiple occasions, during the month of March 2022.

Finally, TCJS inspectors found violation of the standard requiring that inmates be given the opportunity to shower at least once every other day, or more often if possible. TCJS inspectors found that inmates kept in holding cells on suicide watch in the booking area were not given the opportunity to shower at least every other day, or more often if possible. Multiple inmates were found to be held in holding cells on suicide watch anywhere from five to 10 days without the opportunity to shower. This is simply inhumane.

There appears to be little explanation as to why the Smith County jail simply fails to, on a continual basis, comply with TCJS minimum standards. Our law firm handles a number of abuse, neglect, and suicide cases occurring in county jails across Texas, so we stay apprised of what is occurring in those jails. We do not recall ever seeing four inspection reports at the TCJS website regarding one county, at the same time. Smith County has two general inspection failures appearing at the TCJS website, and two special inspection failures. Something needs to be done before serious injury or death results.

Written By: author image Dean Malone
author image 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.