Category: Medical Care

The Coryell County jail, in Gatesville, Texas, continues to have serious issues bringing itself into compliance with minimum standards required by the Texas Commission on Jail Standards (TCJS). This is of serious concern to all Texas citizens, but in particular our law firm and the family of Kelli Page. Ms. Page died in the jail a few years ago, and medical examiners determined it was as a result of positional asphyxiation. That case has been on appeal for some period of time, and our office awaits a decision by the 5^th Circuit Court of Appeals.

The most recent inspections which the Coryell County jail failed occurred on April 6, 2022 and April 11, 2022. The TCJS inspector determined, at the April 6, 2022 inspection, after reviewing a complaint, that an inmate reported being injured and hadn’t requested medical care. The Coryell County jail staff nurse advised staff to summon EMS so that the inmate could be evaluated, and potentially transported to a hospital. However, according to records, jail staff waited over 24 hours before calling EMS.

The other recent inspection the Coryell County jail failed occurred on April 11, 2022. The Coryell County jail had previously failed an inspection on October 25, 2022, because the jail was overpopulated. When the TCJS inspector inspected the jail on April 11, 2022, the jail remained overpopulated, having 110 inmates in the facility. Thus, Coryell County had not cured this issue.

Further, on April 11, 2022, the TCJS inspector referenced the April 6, 2022 inspection, at which it was determined that the jail did not follow its approved health services plan regarding efficient prompt care. As of April 11, 2022, the jail still had not submitted to TCJS the jails plan of action regarding the issue. The deficiency still existed. The TCJS inspector did note that the jail had several more days before the deadline to submit such a plan of action.

Finally, during the April 11, 2022 inspection, when the TCJS inspector reviewed jail medical administration record sheets, the inspector determined that there were multiple occasions during which jail staff failed to document distribution or in the alternative refusal of prescribed medications. This can lead to serious injury or death. We have handled a case and seen a number of cases in which a person with significant mental health issues was not provided his or her medication. In addition, a person with chronic health issues, including high blood pressure for example, can suffer serious injury or death absent receipt and ingestion of medication.

The Texas Commission on Jail Standards (TCJS) recently inspected the Denton County, Texas jail. As a result, the Denton County jail is now listed as being non-compliant at the TCJS website. The TCJS inspector found a number of minimum standards violations.

The TCJS inspector found that the facility generator for the pre-trial facility failed to operate automatically when power was disconnected to the facility. The inspector also determined that the main jail facility and pre-trial facility both failed the annual inspection by a Fire Marshall on May 27, 2021. They also failed a re-inspection occurring on June 18, 2021. Even after that lengthy period of time, corrections for the deficiencies noted on the inspection report had not been made.

Further, the fire alarm system in the pre-trial tower facility was inoperable at the time of inspection. Further, the fire alarm panel for the courthouse was red-tagged on August 28, 2021. As of the time of the TCJS inspection, March 8 – 10, 2022, repairs to the courthouse fire alarm system still had not been completed.

Finally, and of serious concern, after reviewing video documentation, the TCJS inspector determined that jail staff failed to conduct the proper face-to-face observation of an inmate in a holding cell. Jail staff merely scanned an electronic tag without actually seeing the inmate in the cell. This resulted in a medical emergency, which in turn resulted in an inmate death in the holding cell. The TCJS inspection report does not identify the inmate who died in the holding cell in Denton County.

The Cooke County Sheriff’s Office, in Gainesville, Texas, filed a report regarding the custodial death of Kevin Patrick Cantwell. We provide in this post information obtained from that report, and we make no allegation of any wrongdoing.

The summary portion of the report reads in its entirety:

“On Saturday, April 9, 2022, at approximately 2:54 p.m., Kevin Patrick CANTWELL, 57 years of age, was booked into the Cooke County Jail on a warrant for Fail to Appear DWI 3rd or more.
During routine medical screening, CANTWELL did not mention any previous medical conditions, but appeared intoxicated on drugs or alcohol and was threating to kill himself. CANTWELL was placed in a solitary isolation cell and on suicide watch until Wednesday, April 20, 2022, when he was evaluated by Texoma Community Center, via a video conference. The evaluation from Texoma Community Center, recommended that CANTWELL be removed from “on view” and placed in the general population.
After the evaluation, CANTWELL remained in a solitary isolation cell because he would soil himself and walked around without clothes.
On Sunday, May 1, 2022, at approximately 3:35 PM, Cooke County Jail staff were conducting their routine observations of inmates and observed CANTWELL in the solitary isolation cell laying on the floor and unresponsive. Jail staff began CPR and called for EMS.
EMS transported CANTWELL to North Texas Medical Center in Gainesville, where CANTWELL was pronounced dead, at 4:18 p.m.
The Texas Rangers were notified and will be conducting an investigation.”

This is yet another death in a Texas jail of a person who appears to have had serious mental and/or medical issues. The Constitution requires that people who are incarcerated in our jails be protected. This includes protection from self-harm tendencies. It also includes providing appropriate medical and mental health care. If jailers or medical personnel do not do so, and an inmate dies as a result, then family members may be able to file a federal lawsuit. Our jail neglect firm has a number of such cases pending across Texas.

Notes about his April 1, 2022, entry as an inmate in Guadalupe County Jail in Seguin, Texas, indicate that Mason Tyler Simon appeared intoxicated and seemed to need medical care. On his fourth day there, he was found hanging from his cell bars by a t-shirt that was used as a ligature and live-saving measures began. On April 5, 2022, Mr. Simon was pronounced dead in the hospital that the jail had him transported to in an ambulance.

The following continues with another low-cost suggestion for inmate suicide prevention and more are to follow in the ongoing series.

House Suicidal Inmates in High-Traffic Areas

There is significant evidence that face-to-face supervision is a leading deterrent to inmate suicide. Therefore, a potentially low-cost strategy for increasing the supervision of at-risk inmates is to house them where more eyes will be on them more frequently. Being in a high-traffic area should deter inmate suicide, an act that occurs in solitude. Even though the responsibility for face-to-face observation of inmates falls to specific staff members, the jail can create a culture in which all staff members know to remain alert to potential suicide by checking inmates at every opportunity, even if casually walking by.

The John Jay College of Criminal Justice conducted a study on jail suicide and reports that 24% of all jail suicides happen within the first 24 hours in a facility. The rate of inmate suicide is 27% on days 2 through 14 of incarceration. Watching inmates with greater attention during these timeframes is critical for the prevention of inmate suicide.

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

This website does not intend to place blame on people or organizations in connection with perceived wrongdoing. This site purposes to help Texas inmates now or previously held in a county jail.

–Guest Contributor

The Smith County jail, in Tyler, Texas, continues to have serious problems staying in compliance with minimum standards set forth by the Texas Commission on Jail Standards (TCJS). The Smith County jail – once again – failed an inspection by the TCJS. The inspection occurred between March 22 and 24, 2022. The TCJS inspectors found at least six minimum jail standards violations.

Inspectors referenced the February 25, 2022 special inspection report, in which the TCJS warned the Smith County jail not to hold inmates in holding cells for more than 48 hours. Amazingly, at the March 2022 inspection, there were still issues with holding inmates longer than the allowed time.

TCJS inspectors also found a violation of the minimum standard that requires the status of persons confined to a violent cell be reassessed and documented at least every 24 hours for continuance of that status. Inspectors determined that documented reviews of inmates placed in a violent cell were not being conducted every 24 hours.

TCJS inspectors also determined violation of a minimum standard regarding restraint chairs. TCJS inspectors, during the March 2022 inspection, when reviewing restraint chair logs, found that the required 15-minute observations were exceeded by as little as one minute and by as many as 10 minutes on multiple occasions.

TCJS inspectors also found that a Smith County jail employee was working without being licensed. Inspectors determined through a review of Texas Commission on Law Enforcement records that a certain detention officer’s temporary jailer’s license expired December 20, 2021. He continued to work without a valid TCOLE license from December 20, 2021 until February 9, 2022. A temporary license requires no education or training.

TCJS inspectors also found violation of the minimum jail standard regarding the number of jailers per inmates. Documentation revealed to TCJS inspectors that the Smith County jail failed to staff a central jail facility and north jail facility with no less than one jailer per 48 inmates, on multiple occasions, during the month of March 2022.

Finally, TCJS inspectors found violation of the standard requiring that inmates be given the opportunity to shower at least once every other day, or more often if possible. TCJS inspectors found that inmates kept in holding cells on suicide watch in the booking area were not given the opportunity to shower at least every other day, or more often if possible. Multiple inmates were found to be held in holding cells on suicide watch anywhere from five to 10 days without the opportunity to shower. This is simply inhumane.

There appears to be little explanation as to why the Smith County jail simply fails to, on a continual basis, comply with TCJS minimum standards. Our law firm handles a number of abuse, neglect, and suicide cases occurring in county jails across Texas, so we stay apprised of what is occurring in those jails. We do not recall ever seeing four inspection reports at the TCJS website regarding one county, at the same time. Smith County has two general inspection failures appearing at the TCJS website, and two special inspection failures. Something needs to be done before serious injury or death results.

Our law firm filed suit two days ago against Tarrant County for the death of Javonte Myers. Mr. Myers’ body was not found for several hours after he passed away. His cause of death was apparently a seizure disorder.

We were shocked to learn from a news article yesterday of a situation involving Kelly Masten. According to the news report, Ms. Masten suffered with a form of epilepsy resulting in her not being able to communicate effectively. When family members called authorities for assistance, instead of being taken to an appropriate medical facility, she was taken to the Tarrant County jail. Family says that they were assured that she would be medically triaged at the jail and then taken to John Peter Smith Hospital. That apparently never happened.

Ms. Masten was apparently in the jail for ten days. When Ms. Masten ultimately arrived at John Peter Smith Hospital, her body was covered with bruises. She had a black eye and a bleeding lip. She did not have these injuries when she was arrested.

Ms. Masten is now on a ventilator and has little brain activity. Family suspects that she had repeated seizures while in the jail.

Our law firm continues to see far too many people with serious medical and mental health issues incarcerated in jails across Texas. Many are needlessly suffering and dying as a result. Our public officials must quickly take action to save lives.

The Grayson County Sheriff’s Department, in Sherman, Texas, filed a report regarding the custodial death of Lorelei Then Palmore. Ms. Palmore was 64 years old at the time of her death. We provide information in this post that 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/M Palmore was arrested by Tioga Police Department on 4/20/2022 at 9:48PM. She showed no signs or symptoms of distress. She completed her medical intake with Jail Medical staff and was housed 4/21/2022 at approximately 3pm. On 4/22/2022 at approximately 2:45am medical staff went to her housing unit to check on her at the request of the other inmates in the housing unit. I/M Palmore told medical that she was withdrawing from meth and was advised by medical staff to rest. On 4/22/2022 at approximately 5:15AM medical was called to her housing unit due to her vomiting’s blood. She was unresponsive to medical staff. Other inmates in the housing unit told officers and medical staff that she told them she (Palmore) had swallowed drugs before being arrested. She was taken via ambulance to Wilson N Jones hospital. Officer Charlotte Finke was the officer assigned to this inmate. Officer Finke was with her from her leaving the jail to go to the hospital until she was released from jail custody at 1330 on 4/22/2022. On 4/23/2022 at approximately 1230 Cpl. Max Moore received a phone call from a male who described himself as a family member of I/M Palmore. He was inquiring about her personal property. Cpl. Moore explained that her personal items were taken to the hospital, due to her no longer being in our custody. The family member informed Cpl. Moore that I/M Palmore passed away the night before (Friday night – Saturday morning).”

The report provides no information about how often Ms. Palmore was observed, whether cell checks were being conducted in accordance with Texas Commission on Jail Standards requirements, or other specific information about what Ms. Palmore exhibited regarding any medical issues.

The United States Constitution guarantees the right of pre-trial detainees held in county jails to receive reasonable medical care. If jailers are aware that a person is suffering serious medical issues and are deliberately indifferent to those issues, and a person dies as a result, then certain surviving family members may be able to bring a lawsuit.

Juan Herrera was 14 years old when he was allegedly shot in Midland, Texas, by a deputy with the Midland County Sheriff’s Department on March 3, 2022. The custodial death report (CDR) indicates that the cause of death is pending. However, in the CDR summary of how the death occurred, it plainly states that Juan Herrera died as a result of a Midland County Deputy discharging his firearm.

Supervision of Inmates in Restraint Chairs

Restraint chairs have been approved for use in county jails in Texas as well as juvenile detention centers in the state. The Texas Commission on Jail Standards (TCJS) establishes operational guidelines for county jails that house adults. It is only the Texas Juvenile Justice Department that specifies rules uniquely for restraint chairs. The supervision requirements when a juvenile has been placed in a restraint chair follow:

• When a resident has been placed in a restraint chair, he or she must be under constant visual supervision until he or she has been released from the chair.
• The officer whose duty is to provide constant visual supervision of a juvenile in a restraint chair must have limited concurrent duties to ensure that the constant visual supervision requirement is not impeded.
• The officer who is responsible to provide constant visual supervision of an inmate in a restraint chair must have physical possession of the key or other mechanism that may be required to unlock or release the inmate from the restraint chair.
• Audio and/or video monitoring cannot be used as a substitute for constant visual supervision.

If a resident who has been placed in a restraint chair has been classified as a high risk for suicide, supervision shall be provided as will be described in this continuing series.

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

Making insinuations regarding wrongdoing having been done by people or entities is never an intention on this website. Each post is aimed at assisting Texas county jail prisoners.

–Guest Contributor

The Guadalupe County Sheriff’s Office, in Seguin, Texas, filed a report with the State of Texas regarding the custodial death of Mason Tyler Simon. Mr. Simon was only 30 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:

“Inmate Simon was found in his cell on April 4, 2021 at 1627 hours by Detention Officer Kristie Caraway with a t-shirt around his neck and tied to cell bars in A-67. He was cut down and life safety measures were performed. Emergency Medical Services (EMS) was notified, he was transported to the hospital and pronounced deceased on April 5, 2022 at 1735 hours.“

Thus, the summary provides no information at all as to whether Mr. Simon was on suicide watch, was being properly observed, or had made any statements about committing suicide. While an answer to a question in the report about whether Mr. Simon had made suicidal statements reads ”no,” this may not tell the whole story.

The Texas Commission on Jail Standards requires all county jails, at prisoner intake, to complete a medical and mental health screening form. The form asks a number of questions related to a person’s mental health. If the questions are answered a certain way, the jail must notify a judge.

The United States Constitution requires jails to protect prisoners from self-harm tendencies, and to provide reasonable medical and mental health care. If jailers fail to do so, and/or a county’s policies, practices, and/or customs result in such an occurrence, and a person dies as a result, then surviving family members may be able to bring a federal civil rights lawsuit. Our law firm has a number of such jail death lawsuits pending, and we continue to see far to many suicides in Texas jails. It is an epidemic.

The Webb County Sheriff’s Office, in Laredo, Texas, on April 21, 2022, filed a report regarding the custodial death of Christopher Torres-Garcia. The Webb County Sherriff’s Office provides no explanation as to why it filed the report in apparent violation of Texas law, over four months after Mr. Torres-Garcia’s death. Texas law requires that counties file custodial death reports no later than 30 days after such a death. Regardless, Mr. Torres-Garcia was only 34 years old at the time he passed away.

The summary portion of the report reads in its entirety:

“1.) On December 1, 2021 at 04:07:00PM Inmate Christopher Torres-Garcia was booked in to Webb County Jail. At intake, Inmate was placed procedurally on Detox 5 days in Cell Post 5 Temporary Housing. 2.) On December 6, 2021 Inmate Christopher Torres-Garcia completed Detox. 3.) On December 7, 2021 Inmate Christopher Torres-Garcia was transferred to Post 8 Temporary Housing. 4.) On December 8, 2021 Inmate Christopher Torres-Garcia was transferred to Post 5 Temporary Housing. 5.) On December 8, 2021, 13:30:00 Hrs During Roll Call-Inmate Christopher Torres-Garcia tells officer not feeling good and collapses. 6.) On December 8, 2021 Subsequent to collapsing Inmate Christopher Garcia-Torres is transported to Laredo Medical Center via ambulance. 7.) On December 8, 2021 at 16:15:00 hrs Inmate Christopher Garcia-Torres is pronounced dead at Laredo Medical Center by DR. Luis Pellicia.”

The report also indicates that Mr. Torres-Garcia died from sepsis due to infected drug injection sites. This is troubling on a number of levels, not the least of which that our Texas jail neglect law firm expects to be going to trial on a lawsuit against Webb County soon as a result of the sepsis death of Mario Andrade, Jr.

It is more than troubling that yet another sepsis death occurred in the Laredo County jail. Our law firm took a number of depositions in the other case, and conducted other discovery. The court in the lawsuit involving Mario Andrade, Jr. held that plaintiffs in that case produced sufficient evidence to present a jury on issues including the jail’s lack of a sepsis screening policy. The court also held that plaintiffs produced sufficient evidence on the use of unlicensed paramedics to fill designated nursing roles, and inadequate monitoring of inmates who are under medical observation (as was apparently Mr. Torres-Garcia for a period of time). We expected, as a result of the lawsuit involving Mario Andrade Jr., that the Webb County jail would put in place appropriate policies to prevent another sepsis death in the Laredo jail.

The United States Constitution guarantees the right of pretrial detainees to receive reasonable medical care. If an inmate in a Texas county jail is not provided reasonable medical care, and jailers are deliberately indifferent to known medical needs, and a person dies as a result, then certain family members may be able to bring a federal lawsuit. In fact, that is what our law firm filed as a result of the death of Mario Andrade, Jr. in the Webb County jail. Even so, we make no allegation of any wrongdoing in this post regarding that lawsuit or allegations that have been made in it. We are instead providing information in this post related to Mr. Torres-Garcia’s death, so that the public can be informed as to what is occurring Texas jails.