Custodial Death | Law Offices of Dean Malone

Stephen Roshard Gayle Dies in the Custody of the Temple Police Department

Stephen Roshard Gayle, a 40-year-old man, died on September 28, 2017 while in the custody of the Temple Police Department. We make no allegations in this post that anyone did anything wrong or inappropriate. Instead, information obtained in this post was extracted from a custodial death report filed by the Temple Police Department with the Attorney General of Texas.

On Thursday, September 28, 2017, at approximately 7:30 p.m., the Temple Police Department received a call about a man near an apartment complex. Several patrol officers responded to the scene, and Mr. Gayle was allegedly screaming and yelling at children playing football in the area. Police officers ultimately decided to arrest Mr. Gayle for alleged public intoxication. They handcuffed Mr. Gayle without resistance. Allegedly, after Mr. Gayle was put into the police vehicle, he resided attempts to secure him into the vehicle. Officers then hit Mr. Gayle with their hands and/or knees, and moreover physically restrained Mr. Gayle’s feet in a three-point restraint system. Officers then removed Mr. Gayle from the vehicle and allegedly placed him on his back in the grass next to the roadway. Police officers then allegedly called for emergency medical services to check Mr. Gayle’s well being. Allegedly, Mr. Gayle became unresponsive while emergency personnel were assessing him. Mr. Gayle was ultimately transported to Baylor Scott & White Hospital in Temple, where he died.

Dean Malone Lead Trial Lawyer - Jail Neglect

Education: Baylor University School of Law

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.

Man Dies in Spring, Texas After Being Restrained by Law Enforcement Officers

The Harris County Constable Precinct 4 reported to the Texas State Attorney General, in a custodial death report, regarding the death of Gary Tremble occurring on or about September 29, 2017. Information in this post was obtained from that custodial death report.

Deputies were allegedly dispatched to a street in Spring, Texas regarding an alleged family disturbance call. Law enforcement officers located Gary Tremble, who had allegedly assaulted a person and attempted to and/or obtained access to residences in the area. Law enforcement officers subdued Mr. Tremble and noted that he was sweating profusely. Law enforcement officers were also advised at the scene that he was possibly under the influence of ecstasy, alcohol, and crack cocaine. Mr. Tremble died at the scene after being subdued. The cause of death is at this point unknown.

Dean Malone Lead Trial Lawyer - Jail Neglect

Education: Baylor University School of Law

Police Misconduct Attorney – A Federal Judge Rules that a Prison in Rosharon, Texas, must Add Temporary Air-Conditioning for Heat-Sensitive Inmates

TDJC — BOT Complex, the Texas Department of Criminal Justice Administrative Headquarters. (Source: Wikipedia)

The majority of prisons in Texas do not have air conditioning in inmate living areas, in spite of the sweltering heat in summer months. The Darrington Unit, a maximum-security prison built in 1917, is among them. It is located in Rosharon, about 30 miles southwest of Houston. There’s nothing about this particular prison to necessarily distinguish it from others, as far as the need to give relief to at-risk inmates. Regardless of that lack of distinction, on July 19, 2017, Keith Ellison, federal district judge in Houston, ordered the Texas Department of Criminal Justice to provide inmates in the Pack Unit with air conditioning within 15 days. Medically sensitive inmates are housed in that part of The Darrington Unit.

The state announced that it is appealing the temporary order, which has a 90-day expiration date.

One of the considerations in the appeals court will be whether this matter should be a class-action suit applying to the entire prison system, as opposed to only those in Rosharon.

The matter is expected to go to trial. Judge Ellison said that he thinks his order will probably stand, which means permanent changes can be expected for Pack Unit inmates.

In the meantime, Texas Attorney General Ken Paxton made a statement saying it is unnecessary to take on the exorbitant cost of air conditioning systems and the electricity required to operate them. In addition, air conditioning is not mandated by the constitution. He expressed confidence that TDCJ is doing everything required to give adequate protection from the heat and to provide safeguards from heat-related illnesses. Fans and unlimited access to ice are among the measures that currently provide relief to prison inmates at The Darrington Unit, which some inmates say is a big improvement over 8 years ago.

In Texas prisons, research indicates that there have been 23 fatalities and hundreds of illnesses related to heat since 1998.

As with every post on this website, we are only providing information in this post and do not make any allegation or assertion that anyone acted inappropriately or engaged in misconduct.

–Guest Contributor

smchugh

Lubbock Police Misconduct Lawyer – Treatment of Prisoners in Lewisburg PA is Criticized in a Federal Report

English: Central office of the Federal Bureau ... — English: Central office of the Federal Bureau of Prisons (an agency of the United States Department of Justice), 320 First St. NW, Washington, DC 20534, USA Español: La sede de la Agencia Federal de Prisiones (Photo credit: Wikipedia)

A July 2017 report released from the Office of the Inspector General in the U.S. Department of Justice includes a review of the use of restrictive housing for inmates with mental illness by the Federal Bureau of Prisons. With harsh criticisms, the report singles out treatment of inmates with mental illness at the Lewisburg, Pennsylvania, prison in particular and the Bureau of Prisons (BOP) in general.

The report claims that the BOP keeps inmates who have mental illness in solitary confinement with inadequate treatment and for too long a period of time, in violation of its own policies.

The Lewisburg prison was built in 1932, and the cells are much smaller than the 80-square-foot minimum that is recommended by the American Correctional Association (ACA) for solitary confinement. The solitary confinement cells are only 58.5 square feet in Lewisburg, and prisoners are often placed there two at a time. Reporting indicates that keeping two prisoners in one small cell for up to 23 or 24 hours per day results in frequent assaults between the cellmates, leading to serious injury and sometimes death.

A nonprofit news organization that focuses on criminal justice, NPR/The Marshall Project, outlined results of an investigation they conducted last year. The report just released confirms that Lewisburg prisoners stay for years, periods of time that are much longer than BOP’s limits, as was first reported on by NPR.

Another of the laundry list of concerns regarding Lewisburg is that it is cooled with ceiling fans and is one of few facilities in the federal system that still lack air conditioning.

In response to the report, which raises numerous concerns, the acting director of the BOP has announced that the inspector general’s recommendations would be adopted and that a comprehensive review of practices at the Lewisburg prison is called for.