The Uvalde County jail, in Uvalde, Texas, failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS inspection occurred on February 16, 2022.
The TCJS inspector determined that the jail violated a minimum standard regarding grievances. Uvalde County jail administration could not provide documentation indicating that inmates had been provided a written 15-day interim grievance response, and a written final grievance response within 60 days.
The Tarrant County Sheriff’s Department, in Fort Worth, Texas, filed a report regarding the custodial death of Edgar Villatoro-Alvarez. Mr. Villatoro-Alvarez was only 40 years old at the time of his death after being in the Tarrant County jail. 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:
“Notification of the in-custody death of Edgar Villatoro-Alvarez (W/M DOB XX/XX/1981 TCSO CID#0974743 TX DL #02262733 SS# XXX-XX-XXXX) on Friday, February 25, 2022 at 10:46 am. Villatoro-Alvarez was booked into custody at the Tarrant County Jail on December 14, 2021 at 4:21 pm for Driving While Intoxicated, Criminal Mischief $100-$750, Harassment of Public Servant, and Evading Arrest or Detention with a Vehicle. All charges originated with the Hurst Police Department. A medical emergency was called for Villatoro-Alvarez by the pod officer (55A) on Thursday, February 24, 2022 at 3:01 pm. Medstar Ambulance and the Fort Worth Fire Department arrived at 3:12 pm. Villatoro-Alvarez was transported to the John Peter Smith Hospital (JPSH) Emergency Room (ER) by Medstar Ambulance Service at 3:31 pm. Dr. Steven Davis pronounced Villatoro-Alvarez deceased at 10:46 am on Friday, February 25, 2022 at JPSH. The Tarrant County Medical Examiner’s Office (TCME) was notified, took custody of the deceased, and will be conducting an autopsy (TCME #22-04409). Detective R. Garcia is the primary detective for the internal investigation (TCSO #2022-02389). The Fort Worth Police Department (FWPD) Major Case Unit (MCU), supervised by Sergeant J. Phillips, will conduct the external investigation.”
The report does not provide any information regarding the medical emergency leading to Mr. Villatoro-Alvarez’s death, whether he had been on periodic observation, and, if he had been on periodic observation, what was observed before learning that Mr. Villatoro-Alvarez needed emergency medical treatment. The report does indicate that Mr. Villatoro-Alvarez exhibited mental health problems but did not make any suicidal statements. This is yet another death in a number of recent deaths arising from incarceration in the Tarrant County jail.
The Tarrant County jail has had significant issues of-late. It has been found to be non-compliant with Texas Commission on Jail Standards minimum standards, and there have been several deaths in just the last few years. The Tarrant County jail, as is true with all jails in Texas, is obligated pursuant to the United States Constitution to provide reasonable medical care and mental health care to inmates. This makes sense, because inmates have no control over when and how they eat, when and how they receive medical care, and when and how they might receive mental health care. If jailers are deliberately indifferent to a person’s medical and/or mental health needs, and the person dies as a result, then those jailers could be liable to certain surviving family members in the lawsuit. Likewise, if a jail’s policies, practices, and/or customs cause such a death, the county running the jail could likewise be liable to certain surviving family members.
The Smith County jail, in Tyler, Texas, appears to be having some serious issues of-late. There was a recent inmate death. The jail then failed an inspection by the Texas Commission on Jail Standards (TCJS) occurring in June 2021, and it has been listed by the TCJS as being non-compliant since that time. Now, two recent inspections by the TCJS resulted in two more postings on the TCJS website about the Smith County jail being non-compliant.
The TCJS inspected the Smith County jail on February 18, 2022 and found several minimum jail standards violations. The TJCS inspector determined, when referencing technical assistance provided to the Smith County jail during the June 2021 inspection, that the Smith County jail still was not complying with the assistance provided and thus violating Texas minimum jail standards. The inspector cited the jail standards provision requiring training of staff for emergency situations immediately upon employment and no less than each calendar quarter for all jail personnel. This would include emergency, fire, evacuation drills, and location and use of equipment. The TCJS inspector determined in February 2022 that Smith County jail documentation failed to show that all of its jail staff received training during the second and third quarters of 2021.
The Smith County jail, in Tyler, Texas, was also provided technical assistance during the June 2021 annual inspection regarding mentally disabled and/or suicidal inmates. The TJCS inspector, during the February 2022 inspection, noted this prior assistance. Regardless, in February 2022, Smith County jail documentation revealed that jail personnel did not notify a magistrate (for mentally ill inmates) within 12 hours as required by Texas law on multiple occasions, and whenever a magistrate was notified, the notification exceeded the 12-hour required maximum time frame by as little as 20 minutes and by as long as eight hours. Magistrate notification is extremely important, as such notification allows a person outside a jail to hopefully promptly address an inmate who has significant mental health issues and, potentially more important, is suicidal. If a jail failed to notify a magistrate appropriately, death and injury could have resulted.
During a February 2022 inspection, the TCJS inspector also referenced additional technical assistance provided to the jail during the June 2021 annual inspection. Now, the inspector determined that the Smith County jail was violating a very important minimum jail standard. That standard requires that the jail use an improved mentally disabilities/suicide prevention screening document immediately for all inmates admitted. This is very important, as the vast majority of our jail neglect and abuse cases in Texas involve issues which are disclosed on that initial document. It is a one-page document required by the TCJS. When the inspector reviewed Smith County jail documentation during the February 2022 inspection, documentation disclosed as Smith County jail personnel staff failed to complete the Screening Form for Suicide and Medical/Mental/Developmental Impairments in its entirety on multiple occasions. This failure can lead to serious injury and death, as we have noted by litigating cases in federal court across Texas due to unfortunate inmate deaths. Many of these deaths occur from suicide, and others occur from denial of medical care.
If results of the February 2022 inspection were not enough, pursuant to another special inspection on March 3, 2022, the Smith County jail was once again found to be non-compliant. The TCJS inspector noted the minimum jail standard that inmates shall not be held for more than 48 hours in a holding cell. Shockingly, the TCJS inspector found, after reviewing complaint response and documentation, that on January 25, 2022, inmate Brittany Klegg was put in a holding cell upon intake and remained there for approximately 192 hours. There is absolutely no excuse for leaving an inmate in a holding cell for such a long period of time. There is likewise no excuse for the Smith County jail failing to bring itself into compliance, having been warned of these issues months ago.
While we do not currently have any information about what led to the death of Torry Lamont Newman in the Smith County jail on February 18, 2022, the fact that the Smith County jail continues to be out of compliance could be some evidence that Mr. Newman’s death should not have occurred. We do not make an allegation of any wrongdoing against anyone regarding Mr. Newman’s death, but the failure to comply with minimum jail standards by any jail in Texas could lead to serious injury and/or death, such as the death of Mr. Newman. We previously wrote a post regarding Mr. Newman’s death, and it is at this link: https://deanmalonelawfirm.com/jail-neglect/torry-lamont-newman-dies-in-smith-county-texas-tyler-jail/
The Dallas County jail, in Dallas, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS inspection occurred in February 2022. The Dallas County jail is now listed as being non-compliant by the TCJS.
TCJS inspectors found at least four minimum standards which the Dallas County jail violated. First, when walking through the inmate holdover housing area, observation logs of aggressive and suicidal inmates were incorrectly documented when compared to video documentation. In other words, they were false.
The Dallas County jail standard operating procedure requires 15-minute observations to occur of every inmate who is designated as being on “suicide prevention” status. While our Texas jail neglect law firm disagrees that such a watch is appropriate for a person who is suicidal, but instead that continuous monitoring should be required, Dallas County was apparently violating its own watch period. This is a serious violation, because if a suicidal person is not appropriately observed, death can result.
TCJS inspectors also noted that the Dallas County jail could not provide documentation that inmates considered as “crisis” were provided a change of clothing at least once each week. Aside from being a violation of a minimum jail standard, human dignity would require that such clothing be provided.
TCJS inspectors also found that the Dallas County jail could not document that washable items such as mattress covers, sheets, and towels were provided to inmates considered as “crisis.” Once again, human dignity requires that such items be provided except in a situation in which an inmate is suicidal.
Finally, when walking through the Dallas County jail’s north tower, there were approximately 40 multiple-occupancy cell doors in disrepair. This would compromise the safety and security of the facility and could result in injury to and/or death of inmates and/or jail staff.
It is unfortunate that the Dallas County jail failed its inspection for the second year in a row. Hopefully, it will remedy these issues and bring itself into compliance.
The Smith County Sheriff’s Department, in Tyler, Texas, filed a custodial death report regarding the death of Torry Lamont Newman. Mr. Newman was only 46 years old at the time of his death. We provide information in this post we learned from that report, and we make no allegation of any wrongdoing against anyone.
The summary portion of the report reads in its entirety:
“On the morning of 02/18/2022, Officer Norali Velazquez was conducting observations in booking. At approximately 0511 (hours), Officer Velazquez observed that Inmate Torry Newman did not appear to be breathing while inside a detox cell. Officer Velazquez and another officer entered the cell and found him unresponsive. Nurses were called and a “Code Blue” was called over the radio. Nursing staff arrived and began chest compressions. EMS were called to the jail in the meantime and took over CPR attempts upon their arrival. Life-saving measures were then ended by EMS at approximately 0556. Afterwards, the on-call JP and Texas Ranger was called and notified.”
Therefore, the report provides no information at all regarding what medical issues Mr. Newman may have been having, whether he was on a constant or periodic watch, or anything else about what led to his death. The report does indicate that Mr. Newman had mental health problems. Far too many jails are used to house the mentally ill. There should be observation logs and intake paperwork, and hopefully video recordings, available that would better tell the story of what led to the death of a relatively young man.
All people incarcerated in Texas jails have a right, pursuant to the United States Constitution, to receive reasonable medical care. If those working in jails, whether jailers, telecommunications officers, or others, fail to provide needed care, and/or are deliberately indifferent and/or act in an objectively unreasonable manner, and a person dies as a result, then they could be liable to certain surviving family members in a lawsuit. Likewise, if a county jail’s policies, practices, and/or customs as to how it treats inmates and/or responds to medical issues causes the death of an inmate, then a county can also be liable to certain surviving family members. These lawsuits are usually filed in federal court by Texas civil rights lawyers.
The Potter County Sheriff’s Department, in Amarillo, Texas, filed a report regarding the custodial death of Larry Darrell Douglas. Mr. Douglas was only 26 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 Larry Darrell Douglas, Jr, B/M, DOB XX-XX-1995 was booked into the Potter County Detention Center (PCDC) on 02-25-2022. On 03-05-2022 Douglas was examined by PCDC Medical staff for complaints of lower abdominal pain and painful urination. He was started on Bactrim 800 MG twice daily and Ibuprofen 600 MG twice daily for 10 days. On 03-08-2022 Douglas was reevaluated by PCDC Medical staff with no issues noted. On 03-09-2022 at 02:30 Douglas complained of vomiting and was started on Zofram 4 MG twice daily. Later in the day on 03-09-2022 PCDC Medical Officer Lightsey was called to Cell B-10 to examine Douglas who was complaining of being unable to sleep or keep food down but no pain. Douglas was moved to Medical Single Cell #149 and put on a liquid diet for observation. Medical staff added Douglas to the list to see the Medical Provider on the next clinic which was on Thursday, 03-10-2022 at 7:00 AM. On 03-09-2022 at approximately 22:23 inmate Douglas was found unresponsive in his single occupancy cell. Lifesaving efforts were performed until AMS personnel pronounced him deceased at 22:46 hours on 03-09-2022.”
Inmates in Texas county jails have a constitutional right to receive reasonable medical care. Jailers cannot be deliberately indifferent and/or act objectively unreasonably regarding such care. If they do, and a person dies as a result, then certain surviving family members may be able to bring a lawsuit. Likewise, if a county jail policy, practice, and/or custom results in an inmate death, then the county could be liable for violating the United States Constitution.
The Texas Commission on Jail Standards (TCJS) issued a technical assistance memorandum on March 3, 2022, addressed to all sheriffs and jail administrators in Texas. Brandon Wood, TCJS Executive Director, wrote the memorandum. He wrote that a recent Texas law requires the TCJS to change its regulation regarding inmate complaints. Jails are now required to include in their inmate handbooks information about how an inmate can file a complaint with TCJS. The law also requires that jails across Texas post such information prominently in the jail. The change was published for comment and adopted by the TCJS board on February 24, 2022. All county jails must comply with the revision no later than April 1, 2022.
The technical assistance memorandum includes an attachment, which points out that TCJS cannot investigate certain claims, including violation of civil rights and/or criminal acts.
The Bexar County Sheriff’s Office, in San Antonio, Texas, filed a report regarding the custodial death of Daniel Maldonado. Mr. Maldonado was only 31 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:
“At 0650 hours, the Bexar County Sheriff’s command staff was notified by Deputy Sonny Montes #1953 that a Code Blue was called for Inmate Maldonado, Daniel #907342, who was admitted to University Hospital Sky Tower 9-079. Lifesaving measures were administered; however, Inmate Maldonado was pronounced deceased at 0728 by Dr. Eugene Stolow.”
Our jail abuse and neglect law firm reviews Texas custodial death reports on a frequent basis. The description regarding Mr. Maldonado’s death is one of the shortest descriptions we have seen of-late. It provides no information at all about any issues Mr. Maldonado had been having, how often he had been observed, what caused the medical emergency, or virtually anything else at all regarding the context surrounding Mr. Maldonado needing emergency care and ultimately passing away.
The Bexar County Sheriff’s Office also chose not to provide any information at all in the report for the following fields: Medical Treatment Description; Code of Charges; Manner of Death Description; Intoxicated; Death Code; and Custody Code. The Bexar County Sheriff’s Office did indicate that Mr. Maldonado did not make any suicidal statements or exhibit any mental health problems.
Mr. Maldonado, as is true with all other inmates in Texas county jails, had constitutional rights to receive reasonable medical care. If a person who is held in a Texas jail has his or her rights violated, due to deliberate indifference by jailers as to medical needs, or the policy, practice, and/or custom of the county, and the person dies as a result, then certain surviving family members may be able to file a federal lawsuit. Such lawsuits are to recover damages not only for conscious pain and suffering by the deceased, but also for loss of the relationship between family members and the deceased.
The Rains County jail, in Emory, Texas, failed an inspection by the Texas Commission on Jail Standards (TCJS). The Rains County jails is now listed as being non-compliant on TCJS’s website. The inspection occurred on February 9, 2022.
The inspector found at least four violations of minimum jail standards. First, the inspector determined, when reviewing documentation, that Rains County jail staff were not conducting observations of inmates in holding cells within the required 30-minute intervals. Instead, such staff were only conducting 60-minute observations throughout the entire facility. It is extremely important that inmates who are in holding cells, including those who are assaultive, exhibiting bizarre behavior, and/or potentially suicidal, are watched at short intervals and/or on a continuous basis as appropriate. Anything other than appropriate observation can lead to serious injury or death.
The TCJS inspector also determined that Rains County jail staff failed to notify a magistrate judge within 12 hours as required by law, when an inmate who is known or observed to be mentally disabled and/or potentially suicidal is identified. It is very important that jails across the state of Texas notify magistrates when such inmates are identified, so that judges may take appropriate action. One of the most important functions of jailers in Texas county jails, is to assure that inmates with self-harm tendencies are unable to fulfill those tendencies.
Third, the TCJS inspector determined that Rains County, Texas jail staff failed, for multiple inmates, to run a Continuity of Care Query (CCQ). A CCQ determines whether an inmate has previously received inpatient mental health care. This is important in analyzing suicidal and/or lesser self-harm tendencies of inmates. Without CCQ information, a jail may improperly classify an inmate, resulting in suicide and/or serious injury.
Finally, the TCJS inspector determined that Rains County, Texas jail staff, were not conducting 30-minute-face-to-face observations of inmates in areas of the jail in which inmates were known to be mentally ill, assaultive, potentially suicidal, or who had demonstrated bizarre behavior. Staff were only conducting 60-minute-face-to-face observations throughout the Rains County jail. This is wholly insufficient, as inmates with special needs and/or issues must be observed more frequently or even continuously depending on the situation. Hopefully, none of these areas of non-compliance resulted in injury or death in the Rains County jail.
The Nacogdoches County jail, in Nacogdoches, Texas, has once again failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS Inspector inspected the jail on January 15, 2022.
The TCJS Inspector determined, when reviewing documentation at the Nacogdoches County jail, that the jail exceeded its rated housing capacity on several days in January 2022. There’s no excuse for exceeding the rated housing capacity, as county jails frequently reach agreements with other jails for housing inmates in the event of a capacity issue. If a jail is over capacity, in addition to clearly violating Texas minimum standards, it can lead to injury and or death. It is important to have a sufficient number of jailers, and the physical space necessary to observe and care for inmates. The United States Constitution guarantees the right of inmates to, among other things, food, medical care, and mental health care.
