Texas Public Information Act Obstacles: Finding Out What Happened When Family Member Dies in County Jail
Using the Texas Public Information Act to Obtain Evidence After a Jail Death: Overcoming Common Exceptions
The death of a loved one in a county jail is a devastating event that leaves families seeking answers. When trying to understand what happened, obtaining official records and evidence from the sheriff’s department is crucial. In Texas, families can request records using the Texas Public Information Act (TPIA), a law designed to provide public access to government records. However, sheriff’s departments often use legal exceptions to deny or delay the release of information. Understanding these exceptions and how to challenge them is key to obtaining justice and transparency. Our law firm has made over the years thousands of TPIA requests for information related to jail deaths in Texas and is prepared to handle objections and take other measures to find out what happened when people did in county jails. If you had a family member die in a Texas county jail, it is best to leave such requests up to your lawyer so that you do not inadvertently keep your legal team from getting evidence they need to analyze and potentially file the case.
What is the Texas Public Information Act?
The TPIA, in Chapter 552 of the Texas Government Code, gives the public the right to access certain government records. This includes records from law enforcement agencies such as sheriff’s departments, and the TPIA requires government agencies to release certain requested information unless a legal exception applies.
When a person dies in a jail, the TPIA can be a vital tool for families seeking evidence including jail surveillance footage, incident reports, death certificates, autopsy reports, audio recordings of “911” and similar calls, medical records, and jail cell observation records. Regardless, our law firm finds that law enforcement agencies, whether sheriff’s departments or Texas Rangers (Texas Department of Public Safety), frequently deny requests by citing various exceptions. Three of the most commonly used exceptions when our law office makes jail death evidence requests fall under Section 552.108 of the Government Code, often referred to as the “law enforcement” exception. Below, we explore these exceptions and how they might be challenged.
Common Exceptions Used to Withhold Information
1. Exception for Ongoing Investigations – Section 552.108(a)(1)
One of the most frequently used justifications for withholding records is 552.108(a)(1), which allows law enforcement agencies to deny requests if releasing the information would interfere with an ongoing investigation.
How Its Used Against Families:
Sheriff’s departments often claim that any records related to an in-custody death are part of an active criminal investigation, even if there is no evidence of foul play. This exception is used to delay the release of records indefinitely, even when no charges are expected. We have seen plenty of situations where a grand jury has already considered the evidence and decided not to indict anyone, yet the records are still not released.
How to Challenge This Exception:
- Request non-investigative records: Ask for records that are administrative rather than investigative, such as jail logs, shift reports, and jail policies. These may not fall under the exception.
- Challenge the ongoing investigation claim: If months have passed with no apparent prosecution or criminal case, argue that the investigation is no longer active. Our jail death law firm has had to file state court proceedings plenty of times in furtherance of this argument.
- Request a ruling from the Texas Attorney General: If your request is denied, you can ask the Attorney General’s Office to review whether the sheriff’s department is improperly withholding records. We find that such arguments rarely prevail.
2. Exception for Cases That Did Not Result in Conviction – Section 552.108(a)(2)
This provision states that information related to an investigation that did not result in a conviction or deferred adjudication may be withheld from public release. This exception makes little sense in the context of a jail death, but it is still used often to keep families of deceased jail inmates from finding out what happened.
How Its Used Against Families:
If no one is charged with a crime related to a jail death, sheriff’s departments use this exception to withhold investigative records. This means that even when an internal review concludes that no crime was committed, families may unfortunately still be denied access to critical records.
How to Challenge This Exception:
- Argue public interest: Families can argue that the public has a right to know about in-custody deaths, particularly if they are part of a broader pattern of neglect or abuse.
- Seek an Attorney General opinion: Request a review to determine whether the records should be disclosed despite the exception. Again, we are rarely successful doing so.
- Request non-investigative records: Even if investigative files are exempt, administrative records such as jail logs, booking information, and medical records should still be accessible. But “should” does not always result in the records being produced.
3. Exception for Attorney Work Product – Section 552.108(a)(4)
This provision allows withholding of records that were prepared by an attorney representing the state in anticipation of or during criminal litigation. This is why it is vitally important that family members not speak to the media and threaten to file a lawsuit. Families often do so and inadvertently affect their ability to obtain critical evidence.
How Its Used Against Families:
Sheriff’s departments often claim that reports, internal memos, or legal reviews related to a jail death fall under this exception, even if there is no criminal prosecution. This can prevent families from seeing documents that might reveal negligence, misconduct, or systemic failures.
How to Challenge This Exception:
- Clarify the nature of the request: Specify that you are requesting factual records rather than legal opinions. Even so, this rarely works.
- Challenge the “anticipation of litigation” claim: If there is no active or pending litigation, the agency may be using this exception improperly. We find this to be true quite often.
- Request segregable portions: Agencies must release non-exempt portions of records. Request that they provide at least redacted versions of the documents.
Steps to Request Jail Death Records Under TPIA
- Submit a Written Request
- Clearly describe the records you are seeking.
- Specify that you are requesting records under the Texas Public Information Act.
- Provide your contact information for responses.
- If applicable, specify a preferred format (electronic or paper copies).
- Wait for a Response
- Agencies have 10 business days to respond.
- If they cite an exception, they must request an opinion from the Texas Attorney General.
- Review the Agency’s Response
- If records are provided, review them carefully for missing or redacted information.
- If denied, check whether an Attorney General opinion was sought.
- Challenge Improper Denials
- Request an Attorney General review: You can file a complaint if you believe the records are being withheld improperly. The Texas Attorney General now requires that you call a phone number and complain rather than submit your complaint in writing.
- File an appeal: If the Attorney General upholds the denial, you may challenge it in court. However, this is an expensive and time consuming process.
Conclusion: The Fight for Transparency Through Your Lawyer
For families who have lost a loved one in a Texas jail, obtaining information through the Texas Public Information Act is often a frustrating process. Law enforcement agencies frequently use Section 552.108 exceptions to avoid transparency. However, persistence and understanding of the law can help families challenge these denials and uncover the truth. It is really best to leave these requests up to the wrongful death lawyers you choose to retain. They should know legalities related to requests and objections. Access to these records is not just about your individual case, but also holding institutions accountable and ensuring that deaths in custody receive the scrutiny they deserve.
Dean Malone
Dean Malone