Category: Medical Care

The Erath County Jail, in Stephenville, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). Thus, the TCJS has listed the Erath County Jail at the TCJS website as being non-compliant. Both Erath County Judge Alfonso Campos and Sheriff Matt Coates were notified of the failure.

The TCJS inspector found that jail staff, on multiple occasions, failed to notify magistrate judge within 12 hours as required by Texas law when warranted by affirmative answers on the Screening Form for Suicide and Medical/Mental/Developmental Impairments. This was a serious violation, as affirmative answers on that form could mean that a person is suicidal. Thus, if a magistrate is not notified, and jail personnel did not take appropriate action for a person who is suicidal, serious injury or death to an inmate could result.

The TCJS inspector also found that, on multiple occasions, Erath County Jail staff failed to check inmates upon intake against the continuity of care system. These are referred to as “CCQ” checks. A CCQ check determines whether a person has received inpatient mental health care previously. This, as well as answers on the mental health screening form, assists jailers and others in protecting inmates who are at risk of self-harm tendencies. This is extremely important information, as our Texas law firm has learned through litigating a number of jail suicide cases across Texas. Hopefully, no serious injury or death resulted from Erath County’s failure to comply with state minimum jail standards.

The Eastland County jail, in Eastland, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The Eastland County jail is thus listed at the TCJS website as being non-compliant.

The TCJS inspector, during reviewing restraint logs, noted that observation checks of inmates restrained with a WRAP system were not conducted within the required 15-minute time window. Checks were being conducted at 20-minute intervals and this was in accordance with departmental policy. Thus, departmental policy apparently did not comply with state law. It is extremely important to conduct appropriate observations of inmates, or serious injury and/or death could occur.

The Texas Commission on Jail Standards (TCJS) has found the Childress County jail, in Childress, Texas, to be non-compliant. The TCJS made this determination as a result of an inspection occurring on or about August 24, 2022. The TCJS notified Childress County Judge Jay Mayden and Sheriff Danny Gillem.

The TCJS inspector found, when reviewing restraint logs, that jail staff exceeded 15-minute observation checks required by minimum standards by as little as one minute and by as many as 15 minutes on multiple occasions. The TCJS inspector required jail staff to be trained on the use of restraints and necessary documentation. Childress jail administration had to provide documentation of use of restraint training and also copies of restraint logs to the inspector for the next 60 to 90 days. This was a serious violation, and could lead to injury or death.

The second serious violation which could lead to serious injury or death was the jails failure to provide even one hour of suicide prevention training during calendar year 2022. Moreover, three jailers were noted as not receiving suicide prevention training during year 2021. The TCJS inspector required the jail administrator to immediately complete an hour of suicide prevention training with all jailers. Hopefully, no one was seriously injured or died as a result of the failure to train people on perhaps the most common manner in which people die in Texas county jails. Moreover, the TCJS inspector found, when reviewing Suicide and Medical/Mental/Developmental Impairment forms that, on three occasions, the form was not completed in its entirety. It is extremely important to complete this mental health intake form, so that jailers and other working in our Texas county jails appropriately triage and protect inmates. This is required by the United States Constitution.

The TCJS inspector also found that, with regard to the new jail administrator in Childress County, he or she did not have a current practice in place demonstrating compliance regarding the one to 48 jailer to inmate ratio. The TCJS inspector advised the jail administrator to begin immediately using a sign-in roster for staff, indicating jailers present and their assignment for the shift. Jail staff had to scan and email to the TCJS inspector copies of staff rosters for the next 30 to 60 days.

The Dallas County Jail, in Dallas, Texas, was recently found to be not in compliance by the Texas Commission on Jail Standards (TCJS). The TCJS inspector found, after reviewing videos submitted after a custodial death, that observation rounds were not conducted in accordance with minimum jail standards. There is no excuse for not conducting observation rounds in our Texas county jails. The failure to do so could lead to serious injury and death. Hopefully, the Dallas County Jail will bring itself into compliance with minimum jail standards.

The Hidalgo County Sheriff’s department, in Edinburg, TX, filed a report regarding the death of Miguel Angel Garcia. Mr. Garcia was only 47 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. Garcia was originally incarcerated in the Hidalgo County jail on June 11, 2022. It further indicates that he passed away on September 5, 2022, at 5:17 p.m. The summary portion of the report reads in its entirety:

“On 09/04/2022 at 10:43 am, Inmate was found unresponsive but awake, transported to Edinburg Medical Center in Edinburg, Texas. Jail supervisor reported that the inmate had been diagnosed with severe cirrhosis of the liver and was admitted to the Intensive Care Unit. On 09/05/2022, inmate succumbed to his ailments at 5:17 PM. Justice of the Peace ordered a complete autopsy.”

Therefore, the report provides no information about Mr. Garcia’s preexisting medical conditions, to the extent of any treatment for same, how often Mr. Garcia had been observed in his cell, and events leading up to his ultimate death.

The United States Constitution requires Texas county jails to provide medical care to detainees. If jailers are deliberately indifferent to medical needs of a detainee, and a detainee dies as a result, then certain surviving family members may be able to file a lawsuit. These are typically referred to as civil rights cases, as they arise under the United States Constitution.

The Carson County Sheriff’s department, in Panhandle, Texas, filed a report regarding the custodial death of Nicholas Whatley Jr. Mr. Whatley was only 41 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:

“I, Deputy Colton Daniels was dispatched to I40 to assist Potter County in locating a vehicle that was described as a Gray Cadillac. Dispatch stated the vehicle was operated by an intoxicated driver. While enroute to I40 I noticed the vehicle parked on 2373 facing north near County Road 5. Upon approach to the vehicle I noticed the driver seat was empty and the occupant later identified as Nicholas Whatley was sitting in the front passenger seat. Whatley then exited the vehicle and walked to the rear side of his vehicle. I asked Whatley what was going on and Whatley stated that he was fighting with his girlfriend and he just needed to leave the house. During this encounter I could smell an odor of alcohol coming from him so I then requested Whatley to have a seat in the front right passenger seat of my patrol car. Once inside my patrol I then asked him if he knew where he was and Whatley stated that he knew he exited I40 but no idea where he is. At this time, CCSO Deputy Lonny Leinenweaver arrived on scene to assist. As I continued to talk to Whatley, the odor of alcohol became stronger. I then advised Whatley that do to him being a danger to himself and others due to the circumstances that he is going to be arrested for Public Intoxication. I then transported Whatley to the Carson County Jail to be booked. Whatley was booked with no incidents. Vehicle was released to the other registered owner. (This is the arresting deputies affidavit) Whatley was booked into jail at 6:02 AM. I, Sheriff Tam Terry arrived at approximately 07:45 am and observed Whatley standing in a detox cell. He seemed to be functioning and not in any distress. I looked at his medical/suicide screens and all appeared to be good. Later while I was in court the on duty jailer discovered Whatley laying in the floor having what appeared to be a seizure. EMS was called and promptly arrived and treated Whatley and transported him to the Panhandle Airport where he was transferred to Life Star. He was flown to North West Texas Hospital in Amarillo. I drove to the hospital and observed Whatley being treated. He was pronounced at 10:00 AM. I contacted Texas Ranger Scott Swick who arrived at the hospital a short time later and initiated an investigation.”

The United States Constitution requires jailers and others with custody of pre-trial detainees to provide reasonable medical care. If an inmate dies as a result of a failure to provide reasonable medical care, and jailers and/or others are deliberately indifferent to medical needs, then certain surviving family members may be able to bring a lawsuit. Comments in this paragraph are made without reference to Mr. Whatley’s situation, as a general matter, as our law firm does not have sufficient information to determine whether any claims regarding Mr. Whatley’s death would be viable. Regardless, such jail wrongful death lawsuits are typically filed in federal court.

The El Paso County Sheriff’s Office, in Texas, filed a report regarding the custodial death of Bennie Ray Bell. Mr. Bell was 55 years old at the time of his death. We provide here 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 03/06/2022 at approximately 2305 hours, Bell was booked into the Downtown Detention Facility. Bell was later transferred to the Jail Annex. On 06/22/22 Bell was transferred to Isolation Cell-2. On 07/24/222 at approximately 1720 hours officers were conducting a security check and noticed that Bell appeared to ill. Bell was also not responding to any communication with officers or medical staff. Medical staff was unable to determine Bell’s blood pressure and was transported to Providence Sierra East. Despite medical efforts Bell passed away at 1822 hours.”

Therefore, the report provides no information regarding why Mr. Bell was transferred to an isolation cell over 1 month before he was found apparently nonresponsive. The report also provides no information regarding Mr. Bell’s medical and/or mental health status. The report also provides no information regarding how often periodic checks were made of Mr. Bell.

The United States Constitution guarantees that those incarcerated in our Texas county jails receive reasonable medical care. If jailers or others fail to provide medical care to those in custody, and a person dies as a result, then certain surviving family members may be able to file a lawsuit.

The Wilbarger County jail, in Vernon, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The inspection occurred on or about July 20, 2022. Therefore, the Wilbarger County jail is now listed as being non-compliant by the TCJS at the TCJS website. The TCJS sent a letter to the Wilbarger County Sheriff and Wilbarger County Judge regarding the jail’s noncompliance.

The TCJS inspector found, when reviewing life safety training, that life safety training had not been conducted for the second quarter of 2022. However, jail administration said that training was completed, but not documented.

The inspector also found that the jail was last inspected by a local fire official on May 7, 2021. This placed the annual inspection overdue by 2 months. The inspector also determined when reviewing generator logs that weekly tests of the facility generator were not documented for 24 weeks, at various times, since the last annual inspection.

The TCJS inspector also found when reviewing records related to veterans who might have been incarcerated in the jail that the jail had last investigated and verified veteran status of prisoners in December 2021. The jail was instructed to immediately start checking prisoners against the appropriate veteran database.

Yet another serious violation noted by a TCJS inspector was that jail staff last received two hours of training on the procedures for recognition, supervision, documentation, and handling of inmates who are mentally disabled and potentially suicidal on May 22, 2019. Our Texas jail neglect and abuse law firm is handling a number of cases, and has handled a number of cases, in which inmates die as a result of suicidal tendencies and/or mental health issues. It is vitally important for all Texas jails to provide appropriate training to avoid such occurrences.

Shockingly, the jail also had a jailer working who did not possess a valid jailer’s license. The jailer was hired in May 2021, but TCOLE records show a service end date of December 19,  2020. Licensure, if permanent, evidences that some training and/or education has occurred. The failure to have appropriate training and/or education could lead to serious injury and/or death of inmates. The inspection resulted in a notice of non-compliance directed to officials in Wilbarger County. Hopefully, the county will remedy these issues.

The Archer County jail, in Archer City, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS inspected the jail on or about July 21, 2022. The Archer County, Texas jail is now listed as being non-compliant by the TCJS.

The TCJS inspector, when reviewing Archer County jail records, determined that Archer County was housing inmates for Grayson County under contract. Grayson County is a facility which has over 100 beds, which in turn requires Archer County to have an approved tuberculosis plan. However, Archer County did not have any such approved plan.

Further, when reviewing records regarding licenses for jailers, two jailers in Archer County were found to have expired temporary licenses. One such license expired on September 28, 2021, and another such license expired on March 16, 2022. There is no excuse for using unlicensed jailers in the jail. This is particularly important because, to obtain a temporary jailer’s license in Texas, no education, experience, or training is required. Thus, Archer County may have been employing jailers that not only had expired licenses, but which had no jail-related formal education. This could lead to serious injury or death.

The TCJS inspector also found, on the day of inspection, that the Archer County facility fire panel was in “trouble mode” and could not be cleared. This is yet another serious violation and could lead to serious injury or death. Hopefully, Archer County jail will bring itself into compliance and avoid potential issues resulting from its failure to follow minimum standards.

The Travis County Sheriff’s department, in Austin, Texas, filed a report regarding the custodial death of Kyle George Wagner. Mr. Wagner was 46 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:

“Kyle George Wagner W/M 12/27/XXXX was booked into the custody of Travis County S.O. on 8/8/2022 @ 0622 hrs. Wagner identified himself as a narcotic user (Heroin / Methamphetamine) and was placed on withdraw protocols. Wagner was housed on a medical post for medical observations. Wagner was found unresponsive by the post officer at about 1033 hrs on 8/9/2022. Life saving efforts were started and continued by EMS, but were unsuccessful. Wagner was pronounced deceased at 1118 hrs on 8/9/2022.”

Therefore, the report provides no information about how often, if at all, Mr. Wagner was observed by jailers before he was found unresponsive. Clearly, the jail was put on notice as to potential serious withdrawal issues, which can include injury and/or death.

Texas County jails have an obligation, pursuant to the United States Constitution, to provide medical care to detainees. If a detainee dies as a result of a failure to provide medical care, then certain surviving family members may be able to file a federal civil rights lawsuit.