Category: Medical Care

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.

The Bowie County jail, in Texarkana, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS inspection occurred on April 25, 2022. The Bowie County jail is now listed as being non-compliant by the TCJS.

The Bowie County jail was cited for violating the minimum standard requiring appropriate face-to-face observations of inmates. The inspector found, after reviewing video after an escape, that while rounds were conducted, face-to-face observations were not conducted. An escape occurred at approximately 1:00 p.m., and it was not discovered for approximately 9 ½ hours that inmates were missing. Hopefully, the Bowie County jail will remedy its issues and protect staff, inmates, and people in our community.

The Cass County Sheriff’s Department, in Linden, Texas, filed a report regarding the custodial death of Julie Ann Cherry. Ms. Cherry was only 48 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.

Ms. Cherry was arrested only for public intoxication. Unfortunately, we find when representing families of those who dies in Texas jails, that many people who die in our jails were arrested for low-level offenses. These typically include Public Intoxication and/or Criminal Trespass. It is vitally important, if a person is arrested for public intoxication, and there appears to be indications that the person may need medical assistance, that arresting officers and or jailers contact EMTs for an evaluation. Further, if a person does not “sober up” or becomes worse while in jail, jailers should obtain a medical evaluation, even if an evaluation was conducted at the time of arrest and/or jail intake.

As to Ms. Cherry, the summary portion of the death report reads in its entirety:

“Deceased was placed in detox cell and being checked on regular intervals per jail standard guidelines. Deceased was found unresponsive EMS was called and CPR started.”

Thus, the summary portion of the report provides no information about what if anything was observed when Ms. Cherry was checked in her cell, whether she received any medical treatment, whether she requested any medical treatment, and/or other important information helping the public and family determine whether Ms. Cherry was appropriately treated while in jail.

The 14^th Amendment to the United States Constitution requires that Texas jailers provide reasonable medical care to inmates. We unfortunately frequently find that people in our Texas jails are not provided even the most basic medical care. If jailers and/or police officers fail to provide reasonable medical care to an inmate or arrestee, and the inmate or arrestee dies as a result, then certain surviving family members may be able to bring a lawsuit. Our firm is handling a number of such jail neglect cases across Texas.

The Hutchinson County Sheriff’s Department, in Borger and Stinnett, Texas, filed a custodial death report regarding the death of Miranda Louise Grayson. Ms. Grayson was only 35 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. Grayson was initially in custody at 3:17 PM on May 23, 2022, and that she passed away on May 24, 2022. It further indicates that she died of hanging/strangulation, and that she was arrested only for possession of a controlled substance. Upon information and belief, the report falsely indicates that she had been convicted of this offense.

Our Texas jail neglect, abuse, and suicide law firm reviews numerous custodial death reports in Texas in connection with our cases. Therefore, we are very familiar with the summary portion of such reports, and what law enforcement agencies around Texas typically include. The summary portion for Ms. Grayson is one of the shortest that we have ever reviewed, and it reads in its entirety, “Deceased was located in her cell hanging from the upper vent by a bed sheet. Died as a result of her injuries the next day.”

This provides absolutely no information to the family or public as to whether Ms. Grayson was being observed as appropriate, what might have been noticed when she was observed, whether she had been provided with items with which she could form a ligature after demonstrating that she might have self-harm tendencies, or anything else at all specific about how Ms. Grayson was being treated and/or watched while she was incarcerated in the jail. One of the purposes of sheriff’s departments around Texas filing custodial death reports is so that the public, and families of those who die, will have some sense of what occurred. The Hutchinson County Sheriff’s Department decided to provide very little information regarding Ms. Grayson’s death, and one wonders why.

The 14th Amendment to the United States Constitution guarantees the right of those in jail to be protected not only from others, but from themselves. When a person has suicidal tendencies known to jailers, and/or in other situations where such tendencies may not be directly known, and jailers or others are deliberately indifferent to the person’s needs and/or act objectively unreasonably, and the person dies as a result, whether through suicide or otherwise, then certain surviving family members may be able to file a lawsuit. Our Texas law firm has found that, unfortunately, there’s an epidemic of suicide in our jails. Jails have generally not done enough to protect inmates from the most common manner in which they die in our jails. Something needs to be done to curb the epidemic. We have a number of suicide cases pending, and are investigating others. It seems that perhaps litigation may be the unfortunate solution to jails not performing their constitutional duties.

Regardless, as we point out above, we do not have enough information to determine at this point whether there are any constitutional violations that occurred in the Hutchinson County jail and which led to the death of Ms. Grayson. More information would be needed to make that determination.

The Plano Police Department, in Texas, filed a report regarding the custodial death of Quaid Copplio Thomas. Mr. Thomas was 50 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 any specific person.

The summary portion of the report reads in its entirety:

“Officers were dispatched to a male sleeping in a vehicle. Officers contacted Thomas and noticed pills and numerous perscription bottles in his vehicle. Officers noted Thomas appeared highly intoxicated and he was subsequently was arrested for public intoxication and an active warrant. Thomas was taken to the Plano City Jail and placed in a cell that was monitored with physical checks and constant video monitoring. At approximatley midnight, detention officers noticed that Thomas was not moving or snoring and physically checked him. Thomas was unconscious and not breathing. so staff contacted EMS and began to perform life saving measures. The Plano Fire Department responded and transported Thomas to the hospital.”

The report also admits, that in addition to being intoxicated, Mr. Thomas exhibited mental health problems.

It appears, based upon the summary provided by the Plano Police Department, that police officers did not have any medical personnel evaluate Mr. Thomas before placing him into a cell at the Plano City jail. Based on the summary, it appears that staff at the jail contacted EMS only after Mr. Thomas was found unconscious and not breathing. It would seem to be prudent, if officers find a man apparently sleeping and/or passed out in a vehicle, with pills and numerous prescription bottles in the vehicle, and who further appears to be “highly intoxicated,” to have medical personnel check the man before incarcerating him.

The 14th Amendment to the United States Constitution guarantees the right of pre-trial detainees to receive reasonable medical care. If arresting officers and/or jailers fail to obtain care for a serious health issue, and a person dies as a result, then certain surviving family members may be able to file a federal civil rights lawsuit.

The Ochiltree County Sheriff’s Department, in Perryton, Texas, filed a report with the Attorney General of Texas regarding the death of 50-year-old Billy Joe Spann. 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 05192022, at approximately 11:18am Cpt. Thomas Morris found Inmate Billy Spann deceased in his cell. Cpt. Morris Contacted Chief Deputy Wayne Floyd, who in turn contacted the Justice of the Peace, William (Bucky) Goldsberry. Mr. Spann was pronounced deceased by the JP at 11:31am on 05192022. Mr. Spann was in a single cell, #251A, at the time of his death. Texas Ranger Sgt. Mike Smith was contacted to investigate the death. Preliminary Autopsy results listed the Manner of Death as Natural, and the Cause of Death as Atherosclerotic cardiovascular disease.”

Preliminary autopsy results can be important, as a general matter, but as our jail neglect law firm has learned, an autopsy generally cannot arrive at a conclusion regarding a cause of death unless and until toxicology results are obtained. It appears from the short time between Mr. Spann’s death and the Ochiltree County Sheriff’s Department filing the custodial death report would not allow for a forensic pathologist to obtain toxicology results.

The report also indicates that the offense for which Mr. Spann was arrested was possession of a controlled substance less than 1 gram. The report also indicates that he appeared intoxicated by drugs and/or alcohol. The report provides no information regarding whether arresting officers or anyone at the jail obtained a medical evaluation of Mr. Spann before incarcerating him. The report also provides no information about how often, if at all, Mr. Spann was observed or checked on after arrest or in the jail.

The United States Constitution guarantees the right of detainees in Texas jails to receive reasonable medical care. If arresting officers, jailers, or others with custody of a person refused or failed to obtain needed medical care for a serious issue, and a person dies as a result, then certain surviving family members may be able to file a lawsuit.

The Arlington Police Department, in Texas, filed a report regarding the custodial death of Bruno Mandujano Ayala. Mr. Ayala was 59 years old at the time of his death. We provide information we obtained from that report, which was filed with the Attorney General of Texas, but we make no allegation of any wrongdoing against anyone.

Mr. Ayala passed away on May 1, 2022 at 2:22 a.m., according to the report. The summary portion of the reports reads in its entirety:

“On April 30, 2022, around 22:25 hours, Bruno Ayala H/M D/020563 was arrested by Corporal Joshua Bennett #3090 for public intoxication and a felony warrant out of Denton County Sheriffs Office for possession of a controlled substance. Officers were dispatched to the call location (suspicious person), after the complainant stated Ayala walked onto a residential property yelling and screaming about killing someone, and other people trying to kill him. Ayala refused to leave the property. Officers located Ayala in the driveway of the residence, sweating profusely, shouting about seeing men around him with guns, and observed that Ayala’s pupils were dilated. After being arrested, Ayala was transported to the Arlington City Jail. After being booked in, Ayala was placed in the padded cell, due to his behavior. While in the padded cell, detention officers routinely, approximately every 15 minutes, checked on Ayala through the cell window. Around 01:20 hours on May 1, 2022, Jail staff discovered Ayala was not breathing and unresponsive in the cell. Jail staff immediately began life saving measures, contacted the on-duty EMT, and requested EMS on scene. Ayala was transported by EMS to Arlington Memorial Hospital, where he was pronounced deceased on May 1, 2022, around 02:22 hours.”

Therefore, it appears that EMTs were not called either to the scene of the arrest or to the jail. Arresting police officers and jailers have a constitutional duty to provide reasonable medical care to people in their custody. They also have an obligation to transport people with mental health issues, who are a danger to themselves and others, to an in-patient mental health facility.

It would seem to have been prudent, since Mr. Ayala appeared to be seeing people who were not there, and was sweating profusely and had dilated pupils, to obtain medical care for him. It is insufficient to simply observe a person without obtaining needed medical care. Jailers, cities, and counties cannot be deliberately indifferent to or act objectively unreasonably regarding significant medical and/or mental health needs of inmates.

If arresting officers, jailers, or others who have a person in custody fail to provide medical care, and a person dies as a result, then certain surviving family members may be able to bring a lawsuit. Such lawsuits are brought for violation of the United States Constitution, and they are usually filed in federal court. In fact, our Texas jail neglect law firm is currently litigating a case against the City of Arlington. That case is pending in the United States Supreme Court, and it arose out of the tasing of a man who had been doused with gas. Predictably, and horrifically, the man caught fire and ultimately died from his burns.

The La Joya Police Department, in Texas, filed a report with the Attorney General of Texas regarding the custodial death of Arturo Gomez. Mr. Gomez was 59 years old at the time of his death. We provide in this post information we obtained from that report, and make no allegation of any wrongdoing against anyone.

Mr. Gomez was originally incarcerated at the La Joya Police Department jail in Texas at 10:22 p.m. on April 17, 2022. He passed away at 2:17 a.m. on April 18, 2022. The summary portion of the report reads in its entirety:

“Mr. Gomez was booked in for Public Intoxication. Officer found Mr. Gomez unresponsive and started CPR and EMS was called. Once EMS arrived they took over live saving measures and transported Mr. Gomez to Hospital were he was pronounced dead. Texas Rangers were called for independent investigation. Awaiting findings and toxicology report.”

Therefore, the report provides no information regarding how often, if at all, periodic observations were being made of Mr. Gomez. It also provides very little information about any medical evaluation of Mr. Gomez at the time of his arrest and/or initial incarceration. The report indicates that Mr. Gomez was arrested only for public intoxication. Thus, an arresting officer must have determined that he was a danger to himself or others as a result of the intoxication.

The United States Constitution requires jailers in Texas, as well as police officers, to provide reasonable medical care to inmates and others in custody. If jailers and/or police officers fail to provide medical care for serious medical issues, and a person dies as a result, then certain surviving family members may be able to bring a lawsuit. These lawsuits are usually filed in federal court.

The Bexar County Sheriff’s Office, in San Antonio, Texas, filed a report regarding the custodial death of Emmitt Earl Byrd. Mr. Byrd was only 44 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 report indicates that Mr. Byrd was originally incarcerated in the Bexar County jail at 7:30 a.m. on April 17, 2022. It further indicates that he passed away at 10:17 a.m. on April 21, 2022. The summary portion of the report reads in its entirety:

“On April 21, 2022, at approximately 0950 hours, a Code One Blue (medical emergency) was initiated in Unit AF by Officer K. Vazquez #4456, after he observed Inmate Byrd, Emmitt Earl #1097213 hanging from a sheet tied around his neck, with the other end tied around an interior hinge of the cell door. Deputy Vazquez immediately opened the cell door and assisted Inmate Byrd by lifting him up, while cutting the sheet, utilizing the rescue cutting tool. Deputy Vazquez assisted inmate Byrd to the floor, laid his body down, and began to administer life saving measures. Medical Personnel arrived to the location and began chest compressions on inmate Byrd. At approximately 1000 hours, San Antonio Fire Department EMS arrived and continued life saving measures on Inmate Byrd. At approximately 1017 hours, per Dr. McClure #18, inmate Byrd was pronounced deceased.”

Therefore, the report does not provide any information regarding whether Mr. Byrd was on a continuous watch and, if not, how often observations were made of him. The report does indicate that Mr. Byrd allegedly did not exhibit any mental health problems or make any suicidal statements.

The United States Constitution requires jails to protect inmates who are at serious risk of harming themselves. This “failure to protect” obligation arises from the 14^th Amendment. If a person is likely suicidal, and a jailer or jail puts that person into a cell with tie-off points and items with which the person can form a ligature, and the person dies as a result, then certain surviving family members may be able to bring a lawsuit. Jailers cannot be deliberately indifferent and/or act objectively unreasonably regarding known medical or mental health needs of inmates.

The Willacy County jail in Raymondville, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The inspection occurred on April 19, 2022. The Willacy County jail is now listed as being non-compliant at the TCJS website. This is included in a short list of non-compliant jails across Texas.

The TCJS inspector determined that the Willacy County jail was last inspected by a local fire official on November 18, 2019. Thus, the inspection was overdue by 17 months. Even more troubling, at the time of the TCJS inspection, the fire panel was in “trouble mode.” Documentation indicated that the fire panel had not been inspected since December 1, 2020. This placed the fire panel inspection overdue by four months. As to other mechanical issues, documentation indicated that load tests had not been performed on the generator during the prior year.

TCJS regulations honor veterans and require jails to take certain actions when veterans are arrested. There is a system entitled Veterans Reentry Search Service (VRSS). The TCJS inspector determined that the Willacy County jail was not using the VRSS system, and no VRSS verifications had been completed in the prior 12 months.

As to health issues, the TCJS inspector determined that the Willacy County jail violated the tuberculosis screening plan. The jail was unable to provide documentation showing that either staff or volunteers had been tested for tuberculosis. This violated the Willacy County jail’s tuberculosis plan.

A number of the lawsuits we are handling for families across the state of Texas whose loved ones have died in jails arose as a result of jailers’ failure to properly observe, or in unfortunate situations jailers’ falsification of records regarding, inmates. With regard to the Willacy County jail, the TCJS inspector determined that, on numerous occasions, jail staff exceeded both the 30 minute and 60 minute face-to-face observations required by TCJS minimum standards. Failing to properly observe inmates can lead to serious injury or death. This is even more troubling, when combined with the TCJS inspector determination that there had been no contraband checks documented in the Willacy County jail during the prior 12 months. The Willacy County jail also was not completing documentation indicating that inmates had received at least an hour of supervised physical exercise or physical recreation at least three days each week.

Hopefully, the Willacy County jail’s deficiencies have not led to serious injury or death. Jail administration needs to bring the jail into compliance to avoid any such unfortunate situation.