Starr County, Texas Jail Fails State Inspection – Alberto Pena Dies

The Texas Commission on Jail Standards (“TCJS”) recently conducted an inspection of the Starr County jail in Rio Grande City, Texas.  The Starr County jail was found to be non-complaint as a result of the September 25, 2020 inspection.

It is vitally important that jailers in Texas County jails make appropriate observation of inmates.  This is to assure that suicidal inmates do not engage in self-harm, and as well to assure that inmates who might need medical care and/or mental health care, which are required by the United States Constitution, receive such care.  However, the TCJS inspector found that, in the Starr County jail, face-to-face observations were not conducted within 15 minutes as required at the time inmate Alberto Pena was found unresponsive in the WRAP restraint system.

We are uncertain as to whether the actions or inaction of Starr County jail staff led to the death of Alberto Pena.  Regardless, the TCJS found that Starr County jail staff violated minimum standards promulgated by the TCJS and which related to Mr. Pena.

Aside from what happened to Mr. Pena, the United States Constitution guarantees the right of inmates in Texas county jails to receive reasonable medical care, not to be neglected, and not to have excessive force used against them.  If these constitutional rights are violated, and a person dies as a result, certain surviving family members may be able to bring a civil lawsuit for damages. Such lawsuits are usually filed in a Texas federal court by a civil rights lawyer.

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.