Woman Commits Suicide in Harris County, Texas Jail – County Waits Months to File Custodial Death Report

The Harris County Sheriff Department filed with the Texas State Attorney General a report regarding the death of Debora Ann Lyons, and the report was dated November 8, 2018. The report indicates that it was the “original version.” Ms. Lyons passed away on August 15, 2018. While we make no allegation of any wrongdoing in this post, it appears that the timing of the filed report may have violated Texas law. Texas law requires a city or county to file with the Texas Attorney General, no later than 30 days after the death of a person in custody, such a custodial death report. The report does not indicate why it took the Harris County Sheriff Department well over two months after Ms. Lyons’ death to file the report. Information in this post was obtained from that report.

Ms. Lyons died in custody on August 15, 2018. On August 14, 2018, at nearly 6:00 p.m., Ms. Lyons exited a cell to receive insulin. Ms. Lyons had apparently secured a sheet around her waist at the time. She was then allowed, approximately five minutes later, to enter into a multipurpose room and close the door behind her. Approximately 45 minutes later, inmates found Ms. Lyons hanging inside that door. Ms. Lyons had apparently committed suicide. The Houston Fire Department transported Ms. Lyons to Ben Taub Hospital, where she was pronounced deceased.

The custodial death report indicates that Ms. Lyons appeared intoxicated by drugs or alcohol at some point during her incarceration, and that she exhibited mental health problems, made suicidal statements and exhibited medical problems. The United States Constitution, specifically the 14^th Amendment, when considering pre-trial detainees who have not been convicted of any crime, requires that Texas jails and jailers provide reasonable medical and mental healthcare to prisoners. It also requires that jails protect inmates from other inmates as well as inmates from themselves, if jails or jailers are aware of a likelihood of harm.

If a jail or jailer violates a person’s constitutional rights, a claim might arise against a Texas city or county, or jailer, pursuant to 42 U.S.C. § 1983. If a person dies, the person’s estate might have claims, and the person’s spouse, children, and parents might also have claims pursuant to state and federal law. Most of these cases in Texas are brought in federal court, whether in the Northern District of Texas, Western District of Texas, Eastern District of Texas, or Southern District of Texas. Federal courts have jurisdiction, because such claims arise under the United States Constitution and a federal statute.

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