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Tony Martinez Dies in Lubbock County, Texas Jail

DM County Jail

The Lubbock County Sheriff’s Office, in Texas, recently filed a report regarding the death of Tony Martinez. Mr. Martinez was only 28 years old at the time he died. 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:

“On June 19, 2021, at 18:37 hrs, an officer was conducting a jail security check of a separation cell and observed inmate Tony Martinez to be unresponsive on the floor with a ligature around his neck. Lifesaving measures were initiated and Emergency Medical Services responded. EMS transported inmate Martinez to the hospital where he was pronounced deceased at 19:39 hrs. the Lubbock Metropolitan Special Crimes Unit was notified and responded to conduct the investigation.”

The report also indicates that Mr. Martinez exhibited mental health problems, but allegedly did not make any suicidal statements. The report provides nothing about the code of charges regarding Mr. Martinez.

Moreover, while the report indicates that Mr. Martinez was in a separation cell, it does not indicate anything about whether Mr. Martinez was on suicide watch, watched at some specific periodic interval, and/or received any mental healthcare.

The United States Constitution requires Texas county jails to protect inmates from suicidal tendencies. This protection arises under the 14th Amendment, for pre-trial detainees. Thus, if Mr. Martinez, by way of example, was known to be suicidal, and a continuous watch was not enacted, liability could arise under the Constitution.

With or without regard to Mr. Martinez, when a person’s constitutional rights are violated, and the person dies as a result, claims may arise. Such claims may be brought by certain surviving family members, and they are usually filed by Texas civil rights attorneys in federal court.

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.