Category: Medical Care

The Kaufman County Sheriff’s Department, in Texas, filed a report regarding the custodial death of Chauncey Elmer Toombs. Mr. Toombs was 51 years old at the time of his death. We provide in this post information obtained from that report, and we make no allegation of any wrongdoing against anyone.

The summary portion of the report reads in its entirety:

“Male inmate found unresponsive with gauze around neck hanging from handicap assistance bar. Staff began life saving measures immediately. EMS was contacted and responded. Male was transported to hospital where he was pronounced deceased at 8:39 pm on 4/13/2022. Notified chain of command, male transported to Medical Examiner for autopsy. Texas Rangers notified and have initiated an investigation.”

The report indicates “Date/Time of Custody or Incident: 4/12/2022 AM.” The report also indicates “Entry Date Time: 4/13/2022 5:50 PM.” The “entry” time should indicate when Mr. Toombs was originally incarcerated in the Kaufman County jail. Obviously, there is something wrong with the listed times and dates.

The report also indicates: “Make suicidal statements?: Yes.” Thus, Mr. Toombs apparently expressed suicidal intent. If Mr. Toombs was suicidal, there would have been no excuse to leave him in a cell, with things with which he could form a ligature, and without continuous observation. Prisoners in Texas jails use clothing, sheets, mattresses, phone cords, and similar items as ligatures to commit suicide. This is well-known by jailers, jail administrators, and sheriffs.

Our law firm is handling a number of jail suicide cases across Texas, yet we are continually surprised to see suicides when jail personnel are aware of suicidal tendencies. Suicidal inmates need continuous observation, and they should never be left in a cell with items with which they can form ligatures.

Texas jailers and other jail personnel have constitutional duties to protect arrestees from self-harm tendencies. These duties usually arise under the 14th Amendment. If they fail to fulfull their duties, and an inmate dies as a result, then members of the inmate’s family might be able to bring a federal civil rights lawsuit. It is also likely, based on our experience, that the Texas Rangers will likely conduct an investigation regarding any potential criminal conduct related to Mr. Toombs’ death.

The Bexar County Sheriff’s Department, in San Antonio, Texas, filed a report regarding the custodial death of Ryan Anthony Legg. Mr. Legg 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 summary portion of the report reads in its entirety:

“Deputy J. Espinoza #1433 observed inmate Ryan Legg leaning forward in the back of the cell, while conducting an observation check. When Deputy Espinoza opened the door, he observed inmate Legg had a sheet tied around his neck. Deputy Espinoza entered the cell and cut the sheet, which was attached to the light fixture. Deputy Espinoza cut the sheet from around the inmate’s neck, and immediately began conducting life saving measures (Chest compressions). SAFD arrived and continued life saving measures. MD Harper pronounced inmate deceased at 2306 hours.”

The report does not provide information about how often jailers were conducting cell checks or any detailed information regarding Mr. Legg’s mental status.

The United States Constitution requires jailers and others who have a person in custody to protect that person from self-harm. If they fail to do so, under certain circumstances, and a person dies as a result, then certain surviving family members may be able to bring a lawsuit in federal court

The Kleberg County Sheriff’s Department, in Kingsville, Texas, filed a report regarding the custodial death of Cynthia Garcia. Ms. Garcia was only 32 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. Garcia was originally in custody at the jail at 2:38 p.m. on March 31, 2022, and that she passed away on April 1, 2022 at 11:53 a.m. The report also indicates that at no time did Ms. Garcia physically attempt to or assault any police officers, verbally threaten any police officers, attempt to gain possession of any police officers’ weapons, resist arrest, or attempt to escape. The summary portion of the report reads in its entirety:

“Decedent was arrested for assaulting a nurse at the hospital where she was a patient for a drug overdose. She was brought to our facility and placed in the padded cell due to her previous suicide attempt. She was asleep and snoring loudly. The nurse heard the snoring stop so the nurse and an officer went to check on her and was found unresponsive. CPR was administered along with the AED. EMS was called and the decedent was transported to the hospital. She was later transported to another hospital in Corpus Christi where she later died.”

The United States Constitution guarantees the right of pretrial detainees, such as Ms. Garcia, to receive reasonable medical care. The report does not clarify whether Ms. Garcia was provided any additional medical care after her arrest, or whether alternate measures were taken to assure that she received medical care in a potentially intoxicated state.

The Constitution does not allow a jail to simply leave a person in a cell who has a serious medical condition, if that medical condition is known to jailers and/or others. The Constitution requires that jailers and others working in Texas county jails provide reasonable care to such inmates, and not be deliberately indifferent to their needs. If jailers or others who have custody over a person in a Texas jail are deliberately indifferent and/or act objectively unreasonably regarding known medical needs, and a person dies as a result, then certain surviving family members may be able to bring a lawsuit.

The Childress County Sheriff’s Office, in Childress, Texas, filed a report regarding the custodial death of Rodney Paul Guerra. Mr. Guerra was 49 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. Guerra was originally incarcerated on January 22, 2022. It also indicates that he passed away on April 8, 2022 at 4:28 a.m. The summary portion of the report reads in its entirety:

“On April 8, 2022 at approximately 0430, I, Sheriff Danny Gillem, was notified of an in-custody death. I arrived at approximately 0443 along with Captain Gregorio Garcia. We both went back to D-pod, specifically, D-2. The inmate (Guerra, Rodney Paul), H/M with date of birth of XX-XX-XXXX was in the seated position on his bunk slumped forward. He had foam coming from his mouth. During intake, the inmate stated he had a medical history of hepatitis and a history of seizures. The inmate had just started an antibiotic (Amox/K Clav 875-125 mg) due to a boil to his groin. The Justice of the Peace, Randy Rister, pronounced the death at 0428. During this time, I contacted Ranger William “Jack” Gillentine who will be conducting the investigation. At 0536, I contacted Jason Jouett of TCJS and left a message requesting a return call. Jason called me back at 0702. At that time, Jason advised me to send this email and Wendy Wisniski would be my contact person from TCJS.”

The report does not provide any information regarding Mr. Guerra’s long-term medical issues, and how those were being treated. The United States Constitution requires jailers in Texas to provide reasonable medical care to inmates. If jailers fail to do so, and an inmate dies as a result, then certain surviving family members may be able to bring a lawsuit.

The Wichita County Sheriff’s department, in Wichita Falls, Texas, filed a report regarding the custodial death of Matthew Ray Maxwell. Mr. Maxwell was only 32 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. Maxwell was originally in custody at 12:52 p.m. on March 28, 2022. It also indicates that he passed away just a few days later, on April 1, 2022 at 1:02 p.m. The report lists no medical cause of death, indicating that the autopsy is pending.

The summary portion of the report reads in its entirety:

“Inmate came into custody on 3/28/2022 denying any medical issues. On 4/1/2022 inmate was observed in general population in the shower area by the tier officer. Inmate was complaining of abdominal pain. Inmate was taken to the medical clinic to be evaluated by medical staff. Medical staff evaluated inmate and requested inmate be placed in the medical separation to be observed. At approximately 1200, while medical staff was providing medication to the inmate, he became unresponsive. Life saving measures were immediately started and AMR was notified. Inmate was transported to United Regional Health Care System in Wichita Falls Texas, where he was pronounced deceased at 1302.”

Civil rights law, pursuant to the United States Constitution, provides that people who are incarcerated in Texas county jails receive reasonable medical care. If jailers and/or others are deliberately indifferent to known serious medical needs of a Texas county jail inmate, or they act unreasonably regarding those needs, and the inmate dies as a result, then certain surviving family members may be able to bring a lawsuit regarding those claims. These lawsuits are typically filed in federal court by attorneys who handle jail abuse, neglect, and/or suicide cases.

The Midland County Sheriff’s Department, in Texas, filed a report regarding the death of 14-year old Juan Herrera. Our Texas civil rights law firm has never viewed a custodial death report regarding a person even near that age. The summary portion of the report provides very little detail regarding what occurred, and reads in its entirety:

“On 3-3-2022, a Midland County Deputy attempted to arrest Juan Herrera for Burglary of a Motor Vehicle. During a short foot pursuit, a Midland County Deputy, discharged his firearm resulting in the death of Juan Herrera.”

The United States Constitution requires that any force used by a police officer be reasonable. The 4^th Amendment provides this protection. An officer, to use deadly force, in the situation described in the report regarding Mr. Herrera’s death, must generally fear for his life or serious injury or death to others. If the Constitution was violated with regard to the death of any person, then certain surviving family members may be able to bring a lawsuit. We make no comment about any wrongdoing related to Mr. Herrera’s death, but are instead simply providing information obtained in the custodial death report and information about protection under the United States Constitution.

The Upshur County Sheriff’s Department, in Gilmer, Texas, filed a report regarding the death of Mark Wayne Stovall in its jail. Mr. Stovall was only 53 years old at the time of his death. We provide information in this post that we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The report was drafted by Sheriff Larry Webb and indicated that Mr. Stovall was originally incarcerated in the jail at 3:26 p.m. on March 31, 2022. It also indicates that Mr. Stovall passed away on April 5, 2022 at 8:36 a.m. It lists as the cause of death “pulmonary artery aneurysm.” The summary portion of the report reads in its entirety:

“On Tuesday, April 05, 2022, Mark Wayne Stovall SO #51151 was found unresponsive in his cell by Upshur County Jail Staff who was conducting a scheduled cell check. Mr. Stovall had been placed on a medical watch previously that morning around 0200 hrs for the complaint of chest pains. EMS was summoned to the jail at the request of our jail medical staff to examine Mr. Stovall for his complaints. After EMS arrived and examined Mr. Stovall they informed jail staff that he did not need to be transported to the hospital and was suffering from an anxiety attack . Around 0730 hrs is when Jail staff found Mr. Stovall unresponsive and immediately entered the cell and began to preform CPR on Mr. Stovall. EMS was summoned again to the jail for the medical emergency. Jail Staff continued CPR until they were relieved by EMS. EMS was not able to revive Mr. Stovall and he succumb to the unknown medical emergency. Justice of the Peace Anthony Betterton arrived at the jail and pronounced Mr. Stovall deceased. The Texas Rangers were notified and are conducting the investigation into the incident.”

People held in Texas county jails are entitled, pursuant to the United States Constitution, to receive reasonable medical care. Jailers, EMS personnel, and jail medical personnel cannot be deliberately indifferent to known serious medical needs of an inmate in a Texas county jail. If they are deliberately indifferent, and a person dies as a result, then certain surviving family members may be able to file a lawsuit regarding constitutional violations.

We make no comment on whether anyone would be liable for Mr. Stovall’s death. The summary provided above indicates that at some point, Upshur County jail staff contacted EMTs. When they contacted EMTs, what they knew at the time, and known information about Mr. Stovall’s medical history could factor into this determination. Further, based upon Mr. Stovall’s cause of death, it appears that he was not merely having an anxiety attack but rather appeared to be, from a layperson’s perspective, in the midst of a serious medical event. This seems to be clear due to his death shortly thereafter.

The Falls County jail, in Marlin, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS inspected the Falls County, Texas jail on March 15, 2022. The Falls County jail is now listed as being non-compliant.

TCJS minimum standards require, for inmates without special issues, such as those exhibiting bizarre behavior and/or who are suicidal, that jailers perform face-to-face observations at least once every 60 minutes. However, the TCJS inspector found, apparently, although the report is ambiguous, that such intervals were exceeded by as few as 1 minute and by as many as 78 minutes.

Failing to conduct proper prisoner observations in Texas county jails can lead to serious injury or death. Hopefully, no such injury or death occurred in the Falls County jail, and the jail will remedy its issues.

The Bosque County jail, in Meridian, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS inspected the jail on March 16, 2022. The Bosque County, Texas jail is now listed as being non-compliant.

The Bosque County jail violated a serious minimum jail standard. That TCJS standard requires that jailers make prisoner observations at intervals not exceeding once every 60 minutes. The 60-minute checks are for typical inmates, and not those that are assaultive, exhibiting bizarre behavior, or suicidal. The TCJS inspector found, when reviewing Bosque County jail documentation, that multiple face-to-face inmate observations in the jail were not performed by jailers no less than once every 60-minutes as required by TCJS rules. In fact, in some instances, while the inspector’s report is ambiguous, it seems the inspector is indicating that some such observations were as few as 1 minute and by as many as 31 minutes overdue.

Prisoner observations at appropriate intervals, or continuous observation for suicidal inmates, are critical. If a jail fails to perform such observations in a timely manner, serious death or injury can occur.

The Fort Bend County Sheriff’s Department, in Richmond, Texas, filed a report regarding the custodial death of Kristen Anthony Cabezas. Mr. Cabezas was only 40 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:

“DECEDENT WAS HOUSED WITHIN A MULTIPLE OCCUPANCY CELL WHEN DECEDENT WAS FOUND TO BE HAVING A SEIZURE. THE SUPERVISING DEPUTY SUMMONED ASSISTANCE, CPR WAS INITIATED ALONG WITH MEDICAL AID FROM STAFF. THE DECEDENT WAS TRANSPORTED TO OAK BEND HOSPITAL WHERE HE WAS PRONOUNCED DECEASED ON MARCH 23, 2022 AT APPROXIATMELY 11:42 PM. DECEDENT’S BODY WAS SENT TO FORT BEND COUNTY MEDICAL EXAMINER’S OFFICE FOR AUTOPSY. AUTOPSY RESULTS PENDING. INVESTIGATION WAS CONDUCTED BY TEXAS RANGER’S OFFICE, FORT BEND COUNTY SHERIFF’S OFFICE AND THE FORT BEND COUNTY MEDICAL EXAMINER’S OFFICE.”

Thus, the report provides no information regarding Mr. Cabezas’ preexisting medical issues, whether and how often he had been observed, whether he had sought medical treatment, or anything else of substance regarding the cause and manner of his death. The United States Constitution provides protection to inmates in Texas county jails. The Constitution requires that counties and jailers provide reasonable medical care to inmates. If they fail to do so, and a person dies as a result, then they could be liable to certain surviving family members in a federal lawsuit.