Category: Medical Care

Allen Robinson died on November 26, 2022 after being in the Liberty County, Texas jail. Mr. Robinson was 43 years old at the time of his death.

A news media outlet reported that a detainee in the Liberty County jail was found unresponsive at about 4:30 p.m. on November 26, 2022, in a single-person cell. The Liberty County Sheriff’s Office allegedly said that medics arrived soon thereafter and transported the detainee to a local hospital. Moreover, the news outlet reported that the detainee had previously reported a medical condition to the jail’s staff. Finally, the news report indicates that the Texas Rangers and the Liberty County Sheriff’s Office will conduct an investigation.

All that aside, what is particularly troubling is that the Liberty County Sheriff’s Office has not reported that custodial death to the Texas Attorney General as required by law. It appears, based upon our investigation, that the detainee was Allen Robinson. Texas law requires a sheriff’s department to report to the Texas Attorney General, no later than 30 days after death, all custodial deaths. There is a specified form for reporting the death.

It is vitally important that our state agencies report custodial deaths, so that the public, and more importantly the family of the decedent, have some sense of what led to the death. Hopefully, the Liberty County Sheriff’s Office will quickly attempt to remedy its failure to comply with legal obligations and file a custodial death report with the Attorney General regarding Allen Robinson’s death.

We recently posted about the Jim Hogg County jail failing an inspection, or evaluation, by the Texas Commission on Jail Standards (TCJS). We indicated in that post that the inspection or evaluation appeared to be as a result of the death of an inmate. However, it appears that Jim Hogg County failed, and thus violated the law, in timely filing a custodial death report regarding that death.

Texas law requires a county to file a report with the Texas Attorney General, no later than 30 days after a death, if the death occurs in custody. Through our investigation, it appears that a Michael Tokos might have been the detainee who died and whose death led to the TCJS investigation.

During that TCJS investigation, about which we posted separately, the TCJS learned that there was no documentation indicating that a judge had been notified either in writing or electronically of responses given to questions for the decedent on the Screening Form for Suicide/Medical/Mental/Developmental Impairments and an exact Continuity of Care Query. Further, regarding the death of the detainee, the TCJS determined that he had been taking prescription medication at the facility where he was previously housed. Even though the medication was listed on the Texas Uniform Health Status Update Form, and even though the inmate had also told one or more persons at the Jim Hogg County jail that he was taking additional medication, there was no documentation at the Jim Hogg County jail indicating that a qualified medical professional reviewed the medication or that the inmate was receiving it.

Once again, while we are not certain, our preliminary investigation indicates that the inmate to which the TCJS referred was Michael Tokos. If true, and Jim Hogg County failed to file the custodial death report, then the County is in violation of the law. It is important that counties comply with the law, so that family members of those who die in our Texas jails are informed about what occurred. Our jail neglect law firm is handling cases all over Texas, and custodial death reports are an important part of any jail death investigation.

The Smith County Sheriff’s Office, in Tyler, Texas, filed a report regarding the custodial death of Joshua Cody Fouse. Mr. Fouse was 42 years old at the time of his death. We provide in this post information 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 December 4, 2022, Joshua Fouse was booked into the Smith County Jail on an outstanding felony warrant for Theft of Property. Inmate Fouse was classified to the Low Risk facility J tank. On December 7 at approximately 4:10 am inmate Fouse did not get up for his breakfast tray, therefore Officer Donnell entered the cell to ask the inmate if he was going to eat breakfast. Officer Donnell found inmate Fouse unresponsive and called a code Blue (medical emergency). Officers responded to the cell and administered CPR, they also used the AED defibrillator. UT Emergency Medical Services (EMS) arrived at the jail and took over life saving measures. At approximately 4:56 EMS staff stated inmate Fouse was deceased. Judge Derrick Choice arrived at the facility and pronounced inmate Fouse deceased. Texas Ranger Chris Bagget arrived and processed the cell. If you need additional information, please feel free to give me a call at (903) 590-2809 or (903)944-9477.”

The report provides no information regarding any ongoing medical issues suffered by Mr. Fouse, any treatment he was receiving, or how often he had been observed in his cell. The report also does not provide any information as to events leading to Mr. Fouse being discovered.

The United States Constitution requires Texas county jails, and those working in them, to provide reasonable medical care to detainees and inmates. If jailers or medical personnel fail to provide medical care, and a person dies as a result, then certain surviving family members may be able to file a lawsuit. These jail neglect claims are typically brought in federal court.

Continuing with details from the custodial death report (CDR) filed about  Edgar Alejandro Hernandez, EMS arrived at 2:45 AM and continued with life-saving measures. At about 2:47 AM, as EMS continued with CPR, a powdery substance inside a clear plastic bag was discovered on the person of Mr. Hernandez. He was pronounced deceased by EMS at 2:48 AM on November 29, 2022, approximately 17 hours after his arrival.

Texas Juvenile Justice Department Restraint Chair Rules

The following are among the rules governing the use of restraint chairs in Texas juvenile detention facilities:

Requirements for Using Restraint Chairs

The criteria for using the restraint chair include the following:

• The only types of restraint chairs approved for use in a juvenile facility are professionally manufactured devices.
• Purposes for using a restraint chair include the prevention of self-harm or injury to others and when an inmate behaves in a disruptive or extremely aggressive manner. In addition, other approved techniques for restraint must have proven ineffective or inappropriate to control the inmate’s behavior.
• The only persons authorized to place an inmate in the restraint chair and provide supervision of a resident in a restraint chair are juvenile probation or detention officers who have been trained in the proper use of the device.

Learn more in Part 1, Part 2, Part 3, and this ongoing series.

Inmates who have been detained in county and municipal jails in Texas can find helpful resources on this website. Suggesting that any organization or person has participated in wrongs is never an intention.

–Guest Contributor

Chief Felix Saucedo Jr. of the Brownsville Police Department in Brownsville, Texas, filed a custodial death report about  Edgar Alejandro Hernandez on December 29, 2022. Mr. Hernandez was 28 years old when he was booked into the city jail. Tragically, he died of unknown causes on November 29, 2022, less than 17 hours after his arrival. The cause of death is pending autopsy results.

Causes and Symptoms of Handcuff Syndrome

External pressure onto the dorsal aka sensory branch of the radial nerve as it enters the wrist is the cause of Wartenberg’s Syndrome aka Hand Cuff Syndrome. This pressure could be caused by handcuffs but also by the following circumstances:

• Wearing tight wrist jewelry such as bracelets, watches, or bands.
• Prior injuries, fractures, or scarring at the wrist.
• Performing tasks that require tight grips and repetitive wrist motions.
• Ganglion pressing on the nerve.

Symptoms of Hand Cuff Syndrome

A person who suffers from handcuff syndrome might feel one or more of the following symptoms:

• Pain may be aching, radiating, and burning into the first web space of the thumb.
• Numbness on the radial side of the forearm along the nerve distribution.
• Pain following the radial nerve distribution down the forearm and into the 1^st web space of the thumb.
• No motor symptoms, though, secondary to pain, grip may feel weak.

Learn more in Part 1 of this continuing series.

Helping Texas prisoners housed in county and municipal jails is the purpose of this website. Making accusations that people or entities have engaged in wrongdoing is never intended.

–Guest Contributor

The Smith County Sheriff’s Office, in Tyler, Texas, filed a report regarding the custodial death of Dvonte Marquese Valentine. Mr. Valentine was only 24 years old at the time of his death. We provide 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 November 16th 2022 Inmate Dvonte Valentine was booked into the Smith County Jail for one count of aggravated assault with a deadly weapon. On November 28th 2022 at approximately 0440 hours, Inmate Valentine fell off the toilet suffering a injury from the fall. The pod officer called a code blue (medical emergency) and Inmate Valentine was checked on by medical personnel. Medical personnel determined that Valentine needed to be transported to the emergency room for further treatment. Inmate Valentine was determined by the doctors at Mother Francis Hospital in Tyler, Texas to have organ failure. Later that day Jail administrative staff were able to obtain a PR bond for inmate Valentine from the Honarable Judge Kerry Russell, so he could spend time with his family in the ICU unit. It was advised at approximately 7:35 pm on 12-4-22 that inmate Valentine had died in the hospital. Inmate Valentines family decided to take him off life support, due to the effects of his injury being irreversible.”

Our law firm has handled and is handling a number of jail death cases across Texas. However, the cause of Mr. Valentine’s injury, being unusual at best, seems suspect. Even so, we make no allegation that the report is incorrect.

The United States Constitution requires jails and jailers to provide reasonable medical care to inmates. If an inmate has serious medical conditions, needs life-saving medication, or demonstrates a need for healthcare, and jailers and/or medical personnel working in a jail fail to provide needed healthcare, and the person dies as a result, then certain family members may be able to file a federal civil rights lawsuit.

The Brownsville Police Department, in Texas, filed a report regarding the custodial death of Edgar Alejandro Hernandez. Mr. Hernandez was only 28 years old at the time of his death. 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 November 29, 2022, at approximately 2:35am, Brownsville Police Department City Jail Detention Officer Angel Fernandez discovered prisoner Edgar Alejandro Hernandez unresponsive inside Cell #105 of the Brownsville Police Department City Jail (600 E. Jackson St.). Upon his discovery, Detention Officer Fernandez requested the assistance of Brownsville Police Officer Lucio Cortinas, who was at the City Jail on an unrelated matter. Detention Officer Fernandez and Officer Cortinas then entered Cell #105 to assist Mr. Hernandez. Officer Cortinas began chest compressions on Mr. Hernandez and requested EMS and a supervisor to the location via portable radio to police dispatch. At approximately 2:43am, Officer Adolfo Guerra relieved Officer Cortinas and continued chest compressions on Mr. Hernandez. EMS arrived at approximately 2:45am and assisted Mr. Hernandez. At approximately 2:47am, while EMS assisted Mr. Hernandez, EMS personnel discovered a piece of white toilet paper containing a small clear plastic bag with a white powdery substance inside of it on Mr. Hernandez’s person (EMS personnel left the object on Mr. Hernandez’s stomach area after the discovery). EMS pronounced Mr. Hernandez deceased at 2:48am. The Brownsville Police Department Criminal Investigations Unit was notified of the custodial death and responded to the scene. Crime Scene Investigator Alejandro Navarro located and took custody of the item on Mr. Hernandez’s stomach area that was discovered earlier by EMS personnel. The item was booked in as evidence. The Brownsville Police Department Criminal Investigations Unit is investigating the case. An autopsy report is still pending to determine the medical cause of death.”

The report indicates that Mr. Hernandez was arrested in part for public intoxication. The report does not provide any information as to whether Brownsville police officers or others obtained a medical evaluation of Mr. Hernandez before incarcerating him in the City of Brownsville, Texas jail.

The Constitution guarantees the right of arrestees to receive reasonable medical care. If a jail or police officers are deliberately indifferent to serious medical needs, and a person dies as a result, then certain surviving family members may be able to file a federal civil rights lawsuit. Our firm is handling a number of such cases across Texas.

Standards of Procedure for the Use of Restraint Chairs Continued

Observation of Inmates in Restraint Chairs Continued

• Every 2 hours, the medical staff will physically evaluate inmates who are in a restraint chair. As needed, medical staff will respond to confinement requests in need of review. Each inmate check will be documented in the log tracking restraint chair and fluid assessment.
• At least hourly, a confinement supervisor will evaluate the need for an inmate to continue being in the restraint chair. At these intervals, the supervisor will try to have a conversation with the inmate, make a determination, and ensure proper documentation of the restraint chair and fluid assessment log that is posted on the cell door.
• In intervals not to exceed every 15 minutes, deputies will continue direct periodic checks of the restrained inmate per the following guidelines:
  • The restraints placed on an inmate in a restraint chair shall be physically checked for tightness and to ensure that all restraints are properly in place.
  • If a lack of circulation in an inmate’s feet or hands is observed during a 15 minute check, the deputy will contact the jail medical staff. With the help of a supervisor, the deputy will adjust the restraints to improve circulation.
  • If an inmate complains of pain caused by the restraints or his or her placement in the restraint chair, a medical staff member will be contacted by the deputy to examine the prisoner.

Learn more in Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, and Part 8.

This site was created to provide inmates in Texas county and city jails with helpful resources. Accusing organizations or individuals of wrongdoing is never intended.

–Guest Contributor

A Suicidal, Drug-Intoxicated Inmate Dies After Being Restrained

In December 2022, an inmate who was suspected of being on drugs was restrained by police officers and died soon afterward. The suspect had been found in possession of methamphetamine and drug paraphernalia. Officers decided that they would transport the man to a medical unit where he could be placed on suicide watch.

However, the man resisted arrest. A great deal of struggle was required to ultimately place him in restraints. In fact, statements were made that the suspect exhibited abnormal strength that was likely due to the influence of an illegal drug.

The inmate was later booked into jail, moved to a cell, and placed on the floor for the purpose of removing the restraints. After the restraints were removed, deputies were preparing to leave when they saw that the inmate was not breathing.

This is a new story, and no details have been provided as to the specific type of restraint system used on the inmate.

A 32-Year-Old Inmate Dies After Suffering Alleged Abuse

In a story about the death of an inmate in a county outside Texas, the graphic details suggest that the 32-year-old was a possible victim of abuse at the hands of jailers. Learn more in this ongoing series. Also, see Part 1.

This website seeks to provide information to Texas inmates detained in local jails, both county and municipal jails. Making accusations that persons or entities are involved in acts of wrongdoing is not intended on this site.

–Guest Contributor

Moore County Jail is Allegedly Noncompliant in Detox Cell Observations Continued

The minimum jail standards established by the Texas Commission on Jail Standards (TCJS) regarding detox cells include the following, as mentioned in the September 2022 jail inspection report for Moore County Jail. The address of Moore County Jail is 700 S Bliss Ave, Dumas, TX 79029.

Rule §265.3-Observation During Holding

Per Rule §265.3, when inmates are confined in a detoxification cell, they must be observed by jail personnel in intervals not to exceed every 30 minutes.

• A TCJS inspector reviewed a video provided by the jail after a custodial death. The video revealed that while the inmate was in a detox aka holding cell, he was not observed on multiple occasions during several hours preceding his death.

A Man in a County Jail is Suspected of Providing Fentanyl that Killed a Fellow Inmate

In a county jail outside Texas, an inmate is suspected of supplying a fellow prisoner with fentanyl. The inmate who took the fentanyl was discovered unresponsive in his cell, and he died. Family members claim that the man had been sober for eight months prior to being booked into the jail.

This type of scenario in which an inmate dies from fentanyl poisoning and another prisoner is accused of supplying the drug has been occurring in local jails all across the U.S.

Learn more in Part 1 and Part 2 of this continuing series.

Making insinuations that organizations or persons have been participants in wrongdoing is never intended on this site. This website seeks to provide resources to benefit local jail inmates detained in county and municipal facilities in Texas.

–Guest Contributor