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Juan Carlos Cantu Dies After Incarceration in Nueces County, TX Jail

DM County Jail

The Nueces County Sheriff’s Office, in Corpus Christi, Texas, filed a report regarding the custodial death of Juan Carlos Cantu. Mr. Cantu was only 36 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 report indicates that Mr. Cantu passed away at 10:52 p.m. on September 14, 2022. The summary portion of the report reads in its entirety:

“On September 14, 2022, A 35U (unknown medical emergency) was called for an unresponsive male identified as Inmate Juan Carlos Cantu (XXXXXXXX). Inmate Cantu was discovered on the floor of his cell. Medical staff arrived and initiated CRP. EMS was called at 2201 and arrived at 2203 and departed the facility at 2230. Inmate Cantu was taken to Christus Spohn Shoreline Hospital (600 Elizabeth St. Corpus Christi, TX) where he was later pronounced dead at 2252. Cause of death is unknown at this time pending the results of an autopsy. Texas Ranger, Sgt. Rodney Henderson-Texas Department of Public Safety has been notified.”

The report also indicates that Mr. Cantu was arrested only for possession of a controlled substance. We find that, unfortunately, a significant number of people dying in Texas jails have been arrested for low-level offenses, such as drug possession, criminal mischief, criminal trespass, and/or public intoxication.

Inmates in Texas county jails are entitled to receive medical care. The United States Constitution provides this guarantee, and if jailers and/or medical personnel in a jail are deliberately indifferent to an inmate’s known serious medical issues, 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 currently litigating a number of such lawsuits across the State of Texas.

author avatar
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.

Kenneth Ray Perry Dies in Tarrant County Jail

3d interior a generic Jail

The Tarrant County Sheriff’s Office, in Fort Worth, Texas, filed a report regarding the custodial death of Kenneth Ray Perry. Mr. Perry’s death is yet another of many deaths occurring recently at the Tarrant County jail. The trend is more than troubling. Mr. Perry was 65 years old at the time of his death.

The summary portion of the report reads in its entirety:

“Notification of the custodial death of Perry, Kenneth Ray (B/M XX-XX-1957 TX SID XXXXXXXX FBI XXXXXXXXX TX DL XXXXXXXX TCSO CID XXXXXXX) on Thursday, September 29, 2022, at 06:25 am. Kenneth was brought to the Tarrant County Jail on September 27, 2022, at 8:28 pm on a Fort Worth PD charge of Criminal Trespass (PC 30.05(d)(1)). Kenneth was found unresponsive in his cell (61-A-48) at 5:55 am on September 29, 2022. A medical code was called at that time, followed by a Dr. Heart (Cardiac Emergency) at 5:57 am. Med-Star Ambulance Service responded, and Medic T. Miller #703062 pronounced Kenneth deceased at 06:25 am on September 29, 2022. The Tarrant County Medical Examiner will be conducting an autopsy, report #22-17834. Detective K. Davis will be conducting the investigation for the Tarrant County Sheriff’s Office, report #2022-14055. The outside agency investigation will be conducted by the Fort Worth Police Major Case Unit, supervised by Sgt. J. Phillips.”

Mr. Perry, as we find is true with a significant number of people dying in Texas jails, was arrested only for criminal trespass. This can simply mean he stayed at a business location after being told to leave. Regardless, we have no specific information regarding facts leading to Mr. Perry’s arrest.

The report indicates that Mr. Perry appeared intoxicated. The report does not provide any information regarding whether Mr. Perry needed to be administered medication and/or given treatment pursuant to a detoxification protocol. It also provides no information regarding any observations made of Mr. Perry, prior to being discovered, or any medical treatment received by him before that time.

Our law firm is currently litigating another case against Tarrant County as a result of a person passing away in his cell. He was not found for several hours.

The United States Constitution guarantees the right of pre-trial detainees in Texas jails to receive reasonable medical care. Jailers cannot ignore known medical needs. If they do, and a person dies as a result, then certain surviving family members may be able to file a lawsuit. Moreover, constitutional violations can occur when the policy, practice, and/or custom of a county leads to death. In such a situation, a county may also be joined in a civil rights lawsuit by certain surviving family members.

author avatar
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.

Robert Charles Cope II Dies After Incarceration in San Patricio County Sheriff’s Department

DM County Jail

The San Patricio County Sheriff’s Department, in Sinton, Texas, filed a report regarding the custodial death of Robert Charles Cope II. Mr. Cope was only 42 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:

“Cope was arrested in Mathis Texas on 10/9/2022 for the offense of public intoxication and transported to the San Patricio County Jail where he was booked at 5:46 am and placed in detox. When Correctional Officers went to check on Cope, on one of their checks, on 10/10/2022 at approximately 01:14 am they found him laying down on the far left side of the cell with only his boxers on. When asking Cope questions he was mumbling to the point where Correctional Officers could not understand him. Jail medical was called and it was determined that Cope needed to be transported to the E.R. Near Cope a vape pen was found. Cope was transported to Dr. Regional ICU in Corpus Christi Texas by Allegiance EMS at 2:27am. Cope later passed away and was pronounced deceased at the hospital on 10/10/2022. When attending the autopsy we were told that Cope had meth and ecstasy in his system and the possible cause of death could be a heart issue and other medical issues. No trauma could be seen. Autopsy results and final report are pending.”

The listed medical cause of death was “had meth and ecstasy in system, possibly heart attack. Pending autopsy results.” One wonders, if the County jail was aware of Mr. Cope having meth and ecstasy in his system, whether any detox protocol was in place and/or implemented. Case law regarding constitutional rights indicates that it is insufficient to simply drop a person into a cell who is detoxing, without providing any medical care and/or applying an appropriate detox protocol. We do not know from information in the report whether this is in fact what occurred, but such an occurrence is unfortunately far too frequent in Texas jails.

The only listed charge for Mr. Cope was “public intoxication.” We likewise find when litigating inmate deaths across Texas, that such low level offenses tend to be common for people who die in our jails.

People incarcerated in Texas county jails have the right, pursuant to the United States Constitution, to receive reasonable medical care and to be protected from themselves and others. This right is generally guaranteed by the 14th Amendment. If jailers, medical personnel, or arresting officers are deliberately indifferent to a person’s serious medical needs, and the person dies as a result, then certain surviving family members may be able to file a federal civil rights lawsuit. We are currently litigating a number of such suits across Texas.

author avatar
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.

Reatha Sue Robinson Dies After Grayson County, TX Jail Incarceration

DM Rows of jail cells
Prison cells in big jail and security guard.

The Grayson County Sheriff’s Department, in Sherman, Texas, filed a report regarding the custodial death of Reatha Sue Robinson. Ms. Robinson was 53 years old at the time of her death. We provide in this post information we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The report indicates that Ms. Robinson was initially incarcerated on January 1, 2022. It also indicates that her medical cause of death was cirrhosis of the liver, sepsis, and pneumonia. Oddly, the report indicates that Ms. Robinson caused her own death.

The summary portion of the report reads in its entirety:

“I/M Robinson was arrested on 1/1/2022 by Whitesboro PD for Driving While Intoxicated 3rd or more. She had been in Grayson County Jail custody 267 days on the date of her death. On Sept. 13th, 2022, I/M Robinson was transported by Jail vehicle to Texoma Medical Center at the request of our onsite medical staff. They had been monitoring her since the time of her arrest for on going cirrhosis of the liver. On Sept. 13th, 2022, medical staff become concerned for her health. She was physically unable to come to the food port and take her medications. After a check of her vitals signs it was requested that she be taken to Texoma Medical Center for further testing. She was admitted to TMC for complications from the cirrhosis. While she was in the hospital she was diagnosed with several other life threatening issues including sepsis and pneumonia. On Sept. 24th, 2022, doctor’s conducted an EEG to check for brain activity. No brain activity was located. Her family made the decision to remove her from life support based on the information from the hospital staff. At 639pm (1839) on September 24th, 2022, Reatha Robinson was pronounced deceased by hospital staff. Sgt. Dawn Goshorn made the appropriate notifications.”

The report provides no additional information about what medical treatment Ms. Robinson was receiving, how often she was observed, whether any medical requests made by her were honored, and/or how and when she became septic and/or had pneumonia. It is vitally important that a sepsis protocol be in place in jails to avoid death by sepsis. Likewise, typical medical examinations would disclose pneumonia. We are unable to determine from the report how long Ms. Robinson had sepsis and/or pneumonia, including whether it was undiagnosed in the jail.

The 14th Amendment to the United States Constitution guarantees that people incarcerated in Texas county jails receive reasonable medical care. If jailers and/or medical personnel ignore inmates’ known medical needs, act unreasonably regarding those needs, and/or are deliberately indifferent regarding such needs, and a person dies as a result, then certain surviving family members may be able to file a lawsuit. Such lawsuits are typically filed in federal court. Our Texas jail neglect law firm is currently litigating a number of such cases across Texas.

author avatar
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.

Genesis Nyshellton Hicks Dies After Tasing by Frisco, Texas P.D.

Danger on the street. Blue flasher on the police car at night.

The Frisco Police Department, in Texas, filed a report regarding the death of Genesis Nyshellton Hicks. Mr. Hicks was only 26 years old at the time of his death. We provide information we obtained from that report.

The report indicates at the time of the incident was 3:32 p.m. on September 14, 2022, and that Mr. Hicks passed away at 7:32 p.m. on September 29, 2022. The summary portion of the report reads in its entirety:

“On September 14, 2022, at approximately 3:15pm, Frisco PD Officers were dispatched to a car dealership at 9640 State Highway 121 in Frisco, Collin County, Texas regarding a suspect attempting to use fraudulent identifying information to purchase a vehicle. Officers attempted to detain the suspect (Genesis Hicks B/M/XX-XX-96) and he immediately ran from them. Officers pursued the suspect into a parking lot and gave verbal commands to stop and warned him he would be tased if he failed to comply. The suspect kept running and an officer deployed his taser, but it did not make full contact and was ineffective. A second officer deployed his taser, which led to the suspect falling and hitting his head on the ground. Officers placed the suspect into handcuffs, sat him upright, and immediately called for an ambulance. The suspect was transported by Frisco Fire Department to a nearby hospital to undergo treatment for his injury. On September 29, 2022, after continuous care at Baylor McKinney, the suspect died.”

Our Texas civil rights law firm, through handling a number of cases across the state, is aware that a well-known standard applicable to law enforcement officers is that they should not generally tase a person who is standing, walking, or running on concrete. Head injuries are a well-known potential issue of doing so. In fact, we are currently litigating a traumatic brain injury case that arose when a law enforcement officer tased a man who had surrendered and had his hands raised. Regardless, it is tragic that this young man passed away, suffering the ultimate penalty, merely for allegedly issuing a false statement and running from police.

The 4th Amendment to the United States Constitution guarantees that people living in the United States shall not be subjected to unreasonable force. If law enforcement officers use unreasonable force, and a person dies as a result, then certain surviving family members may be able to file a federal civil rights lawsuit. Our firm frequently litigates such lawsuits across Texas.

author avatar
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.

Ariel Nicole Henley Dies After Dallas County, Texas Jail Incarceration

3d interior of a Jail

The Dallas County Sheriff’s Department, in Texas, filed a report regarding the custodial death of Ariel Nicole Henley. Ms. Henley was only 25 years old at the time of her death. We provide information we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The report indicates that Ms. Henley entered the Dallas County jail on September 23, 2022 at 6:12 p.m. The summary portion of the report reads in its entirety:

“On Friday, September 23, 2022, at approximately 6:12 p.m., Ariel Nicole Henley (W/F XX-XX-1996, 25 yoa) was booked into the Dallas County Jail at 111 W. Commerce St. City of Dallas, Dallas County, TX 75207, for a Dallas County Probation Violation – theft Property >=$2,500<$30K, warrant (F1648260J). HENLEY remained in the Dallas County Jail, BNO 22036587. On Wednesday, October 5, 2022, at approximately 5:02 p.m., HENLEY was reassigned to the North Tower Gill Hernandez Medical Facility, Unit NG03, Bed #8. On Wednesday, October 5, 2022, at approximately 6:30 p.m., HENLEY was lying on her bed when jail staff recognized that she was choking on what appeared to be blood coming from her mouth. Additional jail staff and facility medical staff responded. HENLEY was transported by ground ambulance to the Emergency Room at Parkland Memorial Hospital at 5200 Harry Hines Blvd., City of Dallas, Dallas County, TX 75235. On Wednesday, October 5, 2022, at approximately 7:46 p.m., Doctor Melissa Smith (PMH) pronounced Ariel Nicole Henley (W/F 12-04-1996, 25 yoa) deceased. On Thursday, October 6, 2022, a forensic autopsy was conducted at the Dallas County Medical Examiner’s Office, and the findings are pending, IFS-22-19890-ME. DSO Service #22-053886.”

Oddly, in response to questions about whether Ms. Henley appeared intoxicated or exhibited medical problems, Dallas County responded “unknown.” Moreover, the report provides absolutely no information regarding Ms. Henley’s preexisting medical issues, whether and how often she was being checked, and whether she had any special problems which required close observation.

Inmates in Texas jails are entitled to receive reasonable medical care and to be protected from themselves and others. This protection comes from the United States Constitution. If jailers or medical personnel fail to provide reasonable medical care, and/or are deliberately indifferent to known serious medical needs, and a person dies in a Texas jail, then certain family members may be able to file a federal civil rights lawsuit. Our firm has litigated and is litigating a number of such cases across Texas.

author avatar
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.

Shamond Titas Lewis Dies After Incarceration in Dallas County, Texas Jail

3d interior of a Jail

The Dallas County Sheriff’s Department, in Dallas, Texas, filed a report regarding the custodial death of Shamond Titas Lewis. Mr. Lewis 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 Thursday, September 22, 2022, at approximately 12:17 p.m., officers with the Dallas Police Department processed Arrestee Shamond Titas Lewis (B/M xx-xx-xxxx, 24yoa) into the Dallas County Jail at 111 W. Commerce St., City of Dallas, Dallas County, TX 75207. LEWIS was arrested for the onsite offense of Aggravated Assault w/Deadly Weapon, F2258354. During the booking process, LEWIS was placed on suicide precaution and monitored in an Intake holding single cell. At approximately 11:34 p.m., detention staff transferred LEWIS to the second-floor Release Section to be processed into a housing unit. LEWIS was placed into a single cell holding unit. On Friday, September 23, 2022, at approximately 12:41 a.m., jail staff escorted LEWIS to be processed through the vault. Staff than escorted LEWIS to the changeout room to change into jail attire, which he refused. Staff restrained LEWIS by placing him in handcuffs Staff changed LEWIS into jail attire. Staff placed LEWIS into a six-point soft restraint chair. Staff transported LEWIS to the South Tower Jail 2nd Floor Medical Assessment Program to be accessed by medical staff before being housed in his assigned unit. As staff provided LEWIS with water, he became unresponsive. Staff transported LEWIS to the nurse’s station for medical attention. Paramedics with Acadian Ambulance arrived on the scene and transported LEWIS to Parkland Hospital at 5200 Harry Hines Blvd., Dallas, TX 75235. On Thursday, September 29, 2022, at approximately 6:48 p.m., Doctor Vincent Delgado (PMH) Pronounced Shamond Titas Lewis deceased. On Sunday, October 2, 2022, a forensic autopsy was conducted at the Dallas County Medical Examiner’s Office, and the findings are pending, IFS-22-19467-ME.”

Oddly, the report provided the answer “unknown” in response to the following questions: Whether Mr. Lewis appeared intoxicated, made suicidal statements, exhibited any mental health problems, exhibited any medical problems, and/or physically attempted to assault officers.

The United States Constitution provides guarantees to those arrested and ultimately incarcerated in Texas county jails. That protection, under the 4th Amendment, is protection against unreasonable force. Protection under the 14th Amendment requires that jailers and others provide reasonable medical and mental health care to people incarcerated in Texas jails. If these constitutional guarantees are violated, and a person dies as a result, then certain surviving family members may be able to file a lawsuit. Our Texas jail neglect law firm litigates such cases all over Texas, and they are typically filed in federal court.

author avatar
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.

Victoria Margaret Simon Dies in Troubled Harris County Jail

3d interior of a Jail

The Harris County Sheriff’s Department, in Houston, Texas, reported on yet another custodial death. The Harris County Sheriff’s Department is having serious issues in the Harris County jail, and the County was even sued by jailers as a result of conditions.

This most recent report was regarding the death of Victoria Margaret Simon. Ms. Simon was 42 years old at the time of her death. We provide information we obtained from the report, and we make no allegation of any wrongdoing against anyone.

The report indicates that Ms. Simon was originally taken into custody at the jail on September 29, 2022 at 10:23 a.m. It also indicates that she passed away on October 2, 2022 at 8:40 a.m. The summary portion of the report reads in its entirety:

“On September 29, 2022, the decedent was arrested by the Houston Police Department for an out of county PCS warrant and booked into the Harris County Jail. Per jail protocol, the decedent was placed in single cell quarantine. On October 2, 2022, nurses and a jail officer arrived at the decedent’s cell to conduct a Tuberculosis test. The decedent was determined to be unresponsive, CPR began, and additional medical staff arrived with a stretcher. The decedent was transported to the clinic with ongoing CPR, and the Houston Fire Department responded. At 8:40 a.m., a jail doctor pronounced death.”

The report further indicates that the most serious offense with which Ms. Simon was charged was simply possession of a controlled substance. Our Texas jail neglect abuse and neglect law firm finds that far too many people seem to die in our jails after being arrested for merely an intoxication-and/or drug possession offense.

Oddly, the report provides the response “unknown” in response to questions about whether Ms. Simon appeared intoxicated, or exhibited any mental health problems. The report provides no information regarding how often, if at all, Ms. Simon was periodically observed. It also provides no information regarding her medical history and/or any prior treatment in the jail.

The United States Constitution guarantees the right of pre-trial detainees to receive reasonable medical care. When jailers or medical personnel in a jail are deliberately indifferent to such needs, or mental health needs, and a person dies as a result, then certain surviving family members may be able to bring claims. Moreover, when a County’s policies, practices, and/or customs lead to an inmate’s death, there may also be civil rights claims available to be filed in federal court.

author avatar
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.

Derrick Richard Allen Dies After Being in Jefferson County, Texas Jail

DM Rows of jail cells
Prison cells in big jail and security guard.

The Jefferson County Sheriff’s Department, in Beaumont, Texas, filed a report regarding the custodial death of Derrick Richard Allen. Mr. Allen was only 37 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 9/18/2022 at about 0234 hours inmate Derrick Allen was found unresponsive in his single cell. Upon checking it was found he was in medical distress and emergency care was given immediately by officers and medical staff. Emergency Medical Services were called and inmate Allen was transported to Baptist Hospital Emergency Room. Inmate Allen subsequently passed in the Emergency Room from cardiac arrest.”

The report also indicates that at some time during the incident and/or entry into the Jefferson County, Texas jail, Mr. Allen appeared intoxicated, exhibited mental health problems, and exhibited medical problems. The report provides no information regarding what, if any, treatment Mr. Allen was receiving in jail for his issues. The report also does not provide any information regarding how often Mr. Allen was observed, and/or whether he was in a portion of the jail appropriate to treat ongoing issues.

The United States Constitution requires jailers in Texas to provide reasonable medical care and mental health care to inmates. If jailers fail to do so, or are deliberately indifferent or act in an unreasonable manner, or a policy, practice, and/or custom of the jail is in play, and a person dies as a result, then certain surviving family members may be able to file a federal lawsuit. These civil rights lawsuits are brought as a result of alleged constitutional violations.

author avatar
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.

Camp County, Texas Jail Fails State Inspection

DM Jail Corridor
Inside The Old Idaho State Penitentiary

The Camp County jail recently failed an inspection by the Texas Commission on Jail Standards (TCJS). Therefore, the Camp County jail, in Pittsburg, Texas, is now listed as being non-compliant at the TCJS website. The TCJS notified Camp County Judge Mason and the Camp County Sheriff Cortelyou.

The TCJS inspector reviewed a random selection of 10 files at the Camp County jail. When doing so, in referencing the Camp County jail’s approved operational plan for classification, the inspector found that the Camp County jail had switched to an annual audit without submitting changes to the operational plan. Camp County jail administration had to update and submit a new proposed operational plan to the TCJS within the next 30 days.

Moreover, when the TCJS inspector reviewed inmate classifications for the Camp County jail, the inspector found numerous mistakes on initial assessments and reassessments. The TCJS inspector required Camp County jail administration to conduct documented remedial training with jail staff on the proper classification of inmates. Camp County jail administration had to do so within the following 30 days.

The TCJS inspector also found, when reviewing prisoner restraint logs, that observation checks were conducted outside the required 15-minute interval by as little as two minutes and by as many as 17 minutes on multiple occasions. It is extremely important that prisoners who are in restraints be checked at the appropriate interval, or more often as appropriate. If such checks do not occur, a prisoner could suffer serious injury or death. Likely, for these and possibly other reasons, the TCJS inspector required Camp County jail administration to conduct documented training with staff in their use of restraint systems and requirements outlined in TCJS minimum standards.

The TCJS inspector also found, when reviewing inmate medical files, that Camp County jail staff failed to notify a Judge within 12 hours on multiple occasions when warranted by affirmative answers on the Screening Form for Suicide & Medical/Mental/Developmental Impairments and positive returns on Continuity of Care Queries. Once again, Camp County jail staff had to conduct documented training with staff regarding notifying a magistrate.

Moreover, when the TCJS inspector was reviewing inmate medical files. The inspector determined that Camp County jail staff failed to complete the Screening Form for Suicide & Medical/Mental/Developmental Impairments in its entirety. Missing information included the screening officers name, inmates name, comments for affirmative answers, magistrate notification date and time, medical and mental health information date and time, and supervisors’ signatures when warranted. Once again, Camp County jail administration had to conduct documented training with jail staff within 30 days.

These violations are inexcusable. Our Texas law firm handles inmate county jail deaths all over Texas. It is vitally important that jails comply not only with TCJS minimum standards, but also logic and other well-known standards to avoid inmate injury or death.

author avatar
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.