Category: Medical Care

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

The Edwards County Jail violated a minimum state standard related to veteran arrestees. A minimum jail standard in Texas, designed to protect our veterans, requires each sheriff and jail operator in Texas to investigate and verify the veteran status of each prisoner using a specific database. The TCJS inspector found that the Edwards County, Texas jail was not using the Veteran’s Reentry Search Service system. In fact, no VRSS verifications had been completed in the prior 12 months.

Aside from the listed area of noncompliance, the TCJS inspector learned, after reviewing Edwards County Jail life safety records, that the quarterly fire prevention checklist had not been completed this year. The Edwards County Jail also did not have an ADA compliance evaluation on file. Finally, the inspector noted multiple missing drain covers and three cells marked as “out of order.” Jail administration were required to submit to the TCJS photos depicting repairs as soon as they were completed. If the jail failed to restore the cells, the jail could be found as, once again, non-compliant.

The Freestone County jail, in Fairfield, Texas, recently received a notice of noncompliance from the Texas Commission on Jail Standards (TCJS). The Freestone County jail is now listed as being non-compliant at the TCJS website.

The TCJS indicated that four minimum jail standards were violated, and that corrective measures were required. The TCJS required the jail to obtain inspection by a local fire official. The TCJS also noted problems with classification records. We have learned that failure to appropriately classify inmates can lead to serious injury and/or death. The TCJS also determined that certain Freestone County jail staff had not completed the required four hours of classification training. Even so, Freestone County was allowing such persons to perform classification duties. This too can lead to serious injury or death.

Finally, when reviewing medical files, the TCJS determined that Freestone County jail staff were not completing the Screening Form for Suicide and Medical/Mental/Developmental Impairments in its entirety. This is a serious problem, as we are handling and have handled a number of cases against Texas counties as a result of suicides and death caused by other issues. Hopefully, the Freestone County jail will bring itself into compliance and avoid serious injury or death to inmates.

The Texas Commission on Jail Standards (TCJS) re-inspected the Liberty County jail, in Liberty, Texas, on June 10, 2022. The Liberty County jail once again failed the inspection. As a result, it continued to be listed as being a non-compliant jail at the TCJS website.

The TCJS Complaint Inspector determined, after investigating a complaint, that an inmate had been housed in booking for over the maximum 48 hour period. The inmate had in fact been housed in the booking area from May 12, 2022 through May 18, 2022. The TCJS Complaint Inspector also determined, when reviewing Liberty County jail shower logs, that they did not indicate that inmates were offered an opportunity to shower at least every other day.

The Cooke County jail, in Gainesville, Texas, failed an inspection by the Texas Commission on Jail Standards (TCJS) occurring on or about June 15, 2022. The Cooke County, Texas jail is now listed as being non-compliant by the TCJS.

The TCJS Inspector apparently was conducting an inspection as a result of a death occurring in the Gainesville, Texas jail. The TCJS Inspector, after reviewing video regarding a custodial death, determined that Cooke County jailers were not conducting observation rounds in accordance with minimum jail standards. This is a serious violation, as failure to observe inmates can lead to serious injury or death. While the report does not indicate the identity of the inmate, due to proximity and time, it appears that the report could relate to the death of Kevin Patrick Cantwell. Mr. Cantwell passed away on or about May 1, 2022 after he was discovered by Cooke County jail staff, laying on the floor of a solitary isolation cell. There is no excuse for jailers not conducting rounds as required by the TCJS.

The El Paso County Sheriff’s Office, in El Paso, Texas, filed a report regarding the death in jail of Adam Talavera. Mr. Talavera was only 27 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.

Mr. Talavera was originally incarcerated in the jail on August 17, 2020. The summary portion of the report reads in its entirety:

“Incident Date: 06/04/2022 Case Number: 2022061974 Inmate Name: Adam Talavera Location: Jail Annex Synopsis: 06/04/2022 at approximately 0513 hours officers observed that Talavera had not gotten up to eat his food. Officers entered the cell and found Talavera to be unresponsive. First aid was provided; however, it was determined that Talavera was deceased. Manner of Death: Autopsy Pending Medical Cause of Death: Pending”

It is odd at best for a person who is only 27 years old to die for no apparent reason. The report provides very little information regarding Mr. Talavera’s medical and/or mental health history in the jail. The report does indicate that Mr. Talavera exhibited mental health problems. Our Texas jail neglect law firm is actually currently litigating a case against El Paso County in Texas as a result of an inmate’s suicide.

There seems to be a significant number of deaths in the El Paso County jail, in Texas, in recent times. The 14^th Amendment to the United States Constitution guarantees the right of pre-trial detainees in Texas jails to receive reasonable medical care and reasonable mental health care, and it also includes the right to be protected from suicidal tendencies and fellow inmates. If these rights are violated, and a person dies as a result, then certain family members of the person who died may be able to bring a lawsuit.

The Denton County Sheriff’s Office, in Denton, Texas filed a report with the Attorney General of Texas regarding the death of Helen Renee Jackson. Ms. Jackson was 53 years old at the time of her death. We provide information in this post we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The report indicates that Ms. Jackson was originally incarcerated in the Denton County, Texas jail on November 17, 2021. The summary portion of the reports reads in its entirety:

“On 11-17-2021, Inmate Helen Jackson was booked into the Denton County Jail for FTA – Violation of a Protective Order and for a 17.16 Assault – Family Violence. On 12-28-2021, the inmate had been seen by medical staff multiple times and cleared to remain in Pod-8. The inmate continued to disrupt the Pod and was subsequently removed via wheel chair and brought to Holding Cell -1 in Main Jail for observation. Correctional Health staff and Detention staff continued monitoring her vitals signs, and time checks and visual checks every 30 minutes or less. About eight minutes after the last medical check, Corporal Brendan Greenwell observed the inmate as non-responsive and called for a medical emergency. The Denton Fire EMS was notified and responded. The inmate appeared to go into cardiac arrest and CPR was begun. Inmate Jackson was transported to the hospital, where she was pronounced deceased. An autopsy was ordered to be conducted at the Tarrant County Medical Examiner’s Office. The investigation has been turned over to Texas Ranger Jeremy Wallace.”

While our Texas jail neglect and abuse law firm does not personally have specific information regarding what occurred in the jail, news reports seem to indicate that perhaps Ms. Jackson was not observed as required. Moreover, it is difficult at best to determine from the short summary in the report as to whether personnel at the Denton County jail were deliberately indifferent to Ms. Jackson’s known medical needs.

The 14th Amendment to the United States Constitution guarantees the right of those in our Texas county jails to receive reasonable medical care. If jailers or medical personnel at a jail are deliberately indifferent to, or act in an objectively unreasonable manner regarding, such medical needs, and a person dies as a result, then the law allows certain family members to file a lawsuit. Our firm typically files such suits in federal court, due to the fact that they arise under federal law.

The Texas Commission on Jail Standards (TCJS), on June 9, 2022, issued a technical assistance memorandum regarding changes to health services operation plans related to continuity of mental health medication. The TCJS adopted changes to section 273.2 of the minimum jail standards in February 24, 2022. The procedures include providing each prescription medication that a qualified medical or mental health professional determines is necessary for the treatment, care, or stabilization of an inmate with mental illness. The change requires that each county jail in Texas, regarding its health services plan, include procedures regarding providing such prescription medications.

Interestingly, the technical assistance memorandum includes the statement, “The Commission understands that this does not mean that jails must provide any medication that the prisoner was prescribed before booking but only that the jail must provide the medical and mental health medications that are determined necessary by the jail’s medical or mental health provider.” If true, this does not provide sufficient protection to people housed in our county jails.

It is vitally important that jails provide not only prescription medications to prisoners which are prescribed by jail-provided medical and/or mental health professionals, but also those prescribed before the person enters the jail. It makes little sense to stop prescription medications for an inmate whenever he or she enters a jail. Doing so can lead to serious injury or death. Moreover, despite the TCJS interpretation of that provision, the United States Constitution requires jails to provide reasonable medical care to inmates. It is our jail neglect firm’s position that it is not reasonable to fail to provide prescription medications to an inmates, just because his or her prescription was written before the person was incarcerated.

The Liberty County jail, in Liberty, Texas, failed an inspection by the Texas Commission on Jail Standards (TCJS). The inspection occurred on May 2, 2022.

The TCJS inspector determined that the Liberty County jail violated a specific minimum jail standard. That standard addresses multiple occupancy cells, including their size and other specifics. The TCJS inspector determined, after reviewing Liberty County jail documentation, that the jail had been housing inmates over the jail’s rated capacity for 23 days in April 2022, which included continuously since April 9, 2022. Hopefully, the Liberty County jail will bring itself into compliance. Overcrowding can lead to significant injury and death, both to inmates and jail personnel.

The Brazos County Sheriff’s Office, in Bryan, Texas, filed a report regarding the custodial death of Terrance D’Shawn Hammond. Mr. Hammond was 44 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. Hammond’s medical cause of death is pending autopsy results. It further indicates that Mr. Hammond was being incarcerated in a multiple occupancy cell, and the initial reason for law enforcement contact prior to arrest was an alcohol/drug offense. Oddly, in response to the prompt “appear intoxicated (alcohol or drugs),” the Brazos County Sheriff’s Office answered, “Unknown.”

The summary portion of the report reads in its entirety:

“On Friday May 13, 2022 at approximately 8:08 a.m., 44-year-old Terrance Hammond of Hearne, Texas, was transported from the Brazos County Detention Center to CHI St. Joseph’s Hospital in Bryan. He was pronounced dead at 08:53 a.m. at the hospital’s Emergency Department. Mr. Hammond was initially detained by the College Station police Department at 11:23 p.m. then was subsequently arrested and transported to the jail. He was accepted at the jail at 01:14 a.m. and was in the process of being admitted on charges of:

• Possession of Controlled Substance PG 1/1-B<1G,

• Fail to Identify Fugitive Intentionally Giving False/Fictitious information,

• Travis County Warrant for Child Support, and

• Brazos County warrant for Fail to Identify Fugitive Intentionally Giving False/Fictitious information.

At approximately 07:57 a.m. jail staff conducted a check on the man and he appeared to be in medical distress. Medical staff at the Detention Center were called to evaluate him, and immediately began performing lifesaving efforts. During this time, at approximately 08:00 a.m., 911 was called and EMS arrived at approximately 08:06 a.m. Bryan EMS conducted their evaluation and transported him to the hospital where he later died.”

Thus, the report provides no information regarding how often, if at all, Mr. Hammond was periodically checked. Periodic checks are required by the Texas Commission on Jail Standards. Moreover, the report provides no information regarding any medical issues which Mr. Hammond demonstrated while in the jail but before he was ultimately found.

The United States Constitution requires Texas jails to provide reasonable medical care to arrestees. If jailers fail to provide such care, and act in a deliberately indifferent or unreasonably way, and a person dies as a result, then certain surviving family members may be able to file a federal civil rights lawsuit. These suits are typically filed by attorneys who are familiar with the standards required, as such cases are difficult at best to prosecute. Qualified immunity is a significant bar to many such lawsuits, and it is important that an appropriate complaint be filed.

The Gregg County Sheriff’s Department, in Longview, Texas, filed a report regarding the custodial death of Ashley Elizabeth Maxwell. Ms. Maxwell was only 43 years old at the time of her death. We provide in this post information from that report, and we make no allegation of any wrongdoing against anyone specifically.

The report indicates that the most serious offense for which Ms. Maxwell was arrested was for resisting arrest. It also indicates that she was in a multiple-occupancy cell, and that she entered the jail on May 24, 2022 at 4:44 p.m. It further indicates that she passed away at a medical facility. The summary portion of the report reads in its entirety:

“Suicide by hanging in a cell that housed 3 other inmates. Victim was booked in on 5/24/22 for Criminal Trespass and Resisting Arrest, and was placed on suicide watch upon housing, where she remained for the jailing due to her having a documented history of mental illness and drug abuse. On 05/27/2022, at about 10:40 PM, a jailer doing an unscheduled floor walk found Victim hanging by the neck, against the front metal grate cell wall of her cell. Victim used the cell’s television cable wire to form a makeshift noose, and she secured the wire and noose to the heavy wire mesh cell wall that made up the front wall of the cell. The cable extended from the ceiling, down to an area low enough to allow Maxwell to climb the steel mesh wall to reach the noose, and high enough to allow her body to hang from the noose with the feet off of the floor. Victim had secured the cable and noose to the wall by threading the cable through the mesh, and making a knot there, which took the weight off of the ceiling wire receptacle and allowed the cable to support her weight. The jailer who found Victim immediately called for assistance, and with the additional staff, they were able to remove her from the cable noose. Victim was placed on the floor, and staff began CPR on her. Staff also had EMS summoned, who later arrived and took over resuscitative measures. EMS later transported Victim to Christus Good Shepherd Medical Center, where she was pronounced dead at about 11:08 pm. The Texas Rangers investigated the death, with assistance from the GCSO CID. Justice of the Peace B.J. Jameson performed the inquest at the hospital, and ordered an autopsy; results are pending.”

Our Texas jail abuse and neglect law firm has handled and is handling a number of suicide cases across Texas. We find, unfortunately, that many such suicides occur when the victim is arrested for a relatively minor offense. The most common offenses, in our experience, are public intoxication and criminal trespass. Thus, these nuisance offenses lead to incarceration of mentally ill people in jails across our state. Arresting officers are required, if they believe that a person has a mental disability that would result in a danger to that person or others, to take such a person to the nearest inpatient mental health facility and only to a jail in an “extreme emergency.” We do not know enough about Ms. Maxwell’s arrest, and the circumstances surrounding it, to determine what if any knowledge arresting officers had regarding her mental health issues.

It is interesting, to say the least, that the narrative in the custodial death report indicates that Ms. Maxwell was on suicide watch “due to her having a documented history of mental illness and drug abuse.” There is absolutely no excuse for a person who is on suicide watch, in a Texas county jail, to be housed in a cell with tie-off points, items with which the person can form a ligature, and/or phone cords or cables which can be used as a ligature. It is our opinion, handling a number of these cases, that doing so equates to deliberate indifference and potentially gives rise to liability under federal law.

We continue to see far too many suicides across Texas in our jails. It is vitally important that people with suicidal tendencies be housed in cells, clothed only with suicide smocks, and not allowed access to items with which they can harm themselves. Jails must do more. If jailers are deliberately indifferent and/or act objectively unreasonably regarding suicidal tendencies, and/or a policy, practice, and/or custom of a county is involved, and an inmate dies, then certain surviving family members may be able to bring a lawsuit in federal court. In Texas, it is important that an appropriate attorney be contacted, as constitutional rights cases involving inmate deaths are complicated and require certain expertise.