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Fannin County, Texas Jail Fails State Inspection

DM Inside a jail cell
Interior of solitary confinement cell with metal bed, desk and toilet in old prison.

The Fannin County jail, in Bonham, Texas, failed an inspection by the Texas Commission on Jail Standards (TCJS). A TCJS Inspector inspected the jail on January 26, 2022. The Fannin County jail, which is operated by LaSalle Corrections, is now listed as being non-compliant by the TCJS.

The TCJS Inspector determined, when reviewing staff licensing for the Fannin County jail, that 23 staff members appointed as temporary jailers were not registered for a basic licensing course on or before the 90th day after appointment as required by Texas law. This is unconscionable. Texas law unfortunately allows temporary jailers to be employed at jails – even without any jail experience and without any jail-related education. It is even more troubling when a jail, such as the Fannin County jail, chooses to have 23 staff members, all or many of whom may have no jail education or experience, on staff for several months without even registering for a basic licensing course. Such failure can lead to serious injury or death, both to inmates and staff. Hopefully, LaSalle Corrections, and Fannin County, will quickly remedy this issue.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Ector County, Texas Jail Fails State Inspection

DM County Jail 1

The Ector County Detention Center, in Odessa, Texas, failed an inspection by the Texas Commission on Jail Standards (TCJS) and is now listed as being non-compliant. The TCJS inspection occurred over three days in January 2022. The TCJS Inspector determined, when reviewing restraint chair logs, that Ector County jail staff exceeded the required 15-minute observation checks by as little as one minute, and by as many as 15 minutes, on multiple occasions. This is a serious issue, as restraint of an inmate could lead to serious injury or death. Hopefully no such injury or death occurred, and Ector County will promptly cure its noncompliance.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Robert John Barela Commits Suicide in El Paso, Texas Jail

Inside The Old Idaho State Penitentiary

The El Paso County Sheriff’s Office, in El Paso, Texas, filed a report regarding the custodial death of Robert John Barela. Mr. Barela was only 37 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:

“While officers were conducting a security check, they observed Barela hanging from the ceiling (single person cell) by a bedsheet. Officers lowered Barela and began administering first aid. Medical staff arrived and began providing first aid until Emergency Medical Technicians arrived and transported him to a local hospital. He passed away on 02/23/22 at 1350 hours.”

Thus, the report provides very little information about what led to Mr. Barela’s suicide. The report does not address how often Mr. Barela was observed, whether jailers made the appropriate checks, and what information the jail possessed regarding Mr. Barela’s suicidal tendencies. The report does indicate that Mr. Barela did not make suicidal statements or exhibit any mental health problems. Regardless, there have been a number of deaths in the El Paso County, Texas jail recently, including suicides.

The 14th Amendment to the United States Constitution guarantees the right of those who are incarcerated in Texas county jails to receive reasonable mental health care. It also includes the right to be protected from one’s own suicidal tendencies. If jailers are deliberately indifferent to suicidal tendencies, or a policy, practice, or custom leads to a custodial death, then certain surviving family members may be able to file a lawsuit for violation of constitutional rights.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

A 60-Yr-Old Lubbock County Jail Inmate Dies for Reasons Unknown-Pt3

To correct the last post, Sweet Dagza actually died on June 23, 2021, an inmate of Lubbock County Jail in Lubbock, Texas. June 6, 2021, was her date of booking. The custodial death reports shows that she exhibited both mental health problems and medical problems.

Inmate is Denied Insulin and Dies

Outcries against denial of proper medical care happen in Texas and across the country. Many complaints have been made against the third-party medical care provided in a particular county jail outside of Texas. A newspaper wrote an expose on several specific cases. An 18-year-old man was the subject of several stories about inmates denied medical care. The young man requested medical care in order to get needed insulin, but he was ignored by the jail staff. The following day, he died of diabetic ketoacidosis, which results from lack of insulin.

Two nurses at the medical care company spoke out against the company. They claimed that medication inmates needed was sometimes denied if it was too expensive.

A Man Allegedly Dies in Jail Unnecessarily

After the painful death of a 64-year-old inmate, deputies from the county jail shared about what happened. The man had been in a lot of pain. At some point, his condition worsened so that he was unable to walk. He also began shaking uncontrollably. A doctor with the jail’s medical staff required numerous deputies of varying ranks to verify that a wheelchair was needed to transport him. This story will continued in this continuing series. Also see Part 1, and Part 2.

There is never an intention on this website to suggest that persons or entities have participated in misdeeds. Posts are added to benefits inmates now or formerly housed in Texas county jails.

–Guest Contributor 

author avatar
smchugh

David Lee Tumey Dies in Medina County, Texas Jail

The Medina County Sheriff’s Office, in Hondo, Texas, filed a report with the Attorney General of Texas regarding the death of David Lee Tumey. Mr. Tumey was 54 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:

“Medina County Deputy Preston Moebius arrested David Tumey (W/M, DOB: XX-XX-1967) on 02-10-2022 for Injury to the Elderly and Possession of Marijuana less than two (2) ounces and booked him into the Medina County Jail. Deputy Moebius indicated that Tumey was intoxicated, so jail staff placed Tumey alone in the violent holding cell so he could detox. Medina County Jail staff conducted twenty (20) minute observation checks while Tumey remained in custody. On 02-13-2022 at approximately 8:00 pm, Sergeant Antonio Morales was performing inmate observations when he found Tumey unresponsive in the cell. Sergeant Morales entered Tumey’s cell and began performing CPR. Sergeant Morales ordered that EMS to be contacted to assist with medical treatment. EMS arrived and took over CPR. EMS determined that Tumey was dead and stopped CPR. Jail staff secured the cell for the pursuing investigation. Medina County Chief Deputy Gilbert Rodriguez contacted me, Texas Ranger Daniel McMillon, and requested I conduct a custodial death investigation. I arrived at the jail at approximately 9:22 pm. I photographed Tumey and the cell. I observed that Tumey was lying face up with his head positioned towards the cell door. Tumey was naked with four (4) defibrillator patches on his torso. Tumey’s face appeared very red, and his hands were clenched. I did not see any obvious signs of trauma other than some minor abrasions to Tumey’s knees. Medina County Justice of the Peace Judge Clyde “Bubba” Howse arrived and pronounced Tumey dead at 8:35 pm. Judge Howse ordered an autopsy conducted at Central Texas Autopsy by Doctor Susan Dana. On 02-13-2022, Medina County had three (3) corrections officers working when Tumey was found dead, Sergeant Antonio Morales, Officer Jessica Zaragoza, and Officer Nichole Lutz. I interviewed each officer separately, beginning with Sergeant Morales.”

Thus, while it appears that jailers were looking into Mr. Tumey’s cell on a periodic basis, the summary does not provide any information at all regarding whether anyone ever entered Mr. Tumey’s cell during the period of his incarceration. The summary portion of the report also does not provide any information as to what the Medina County Sheriff’s Office means when it refers to Mr. Tumey being able to “detox.” Detox for a person addicted to drugs and/or alcohol is a serious matter. There are certain medical protocols which should be followed for a person who is truly detoxing from such substances. The report provides no information regarding any such protocols being used.

The 14th Amendment to the United States Constitution guarantees the right of those who are arrested and held in Texas county jails to receive reasonable medical care and mental health care. If jailers are deliberately indifferent to a person’s needs, or a county’s policies, practices, and/or customs are implicated, and a person dies as a result, then certain surviving family members may be able to file lawsuit for violation of the person’s constitutional rights. These claims are typically filed in federal court pursuant to a federal statute allowing assertion of constitutional rights.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Daniel Ray Monroy Dies in Grayson County, Texas Jail

Inside The Old Idaho State Penitentiary

The Grayson County Sheriff’s Department, in Sherman, Texas, filed a report regarding the custodial death of Daniel Ray Monroy. Mr. Monroy was only 29 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:

“On February 9th, 2022 Ofc. Morris was assigned to first floor duties. Shortly after 1500 Ofc. Morris was completing an inmate general medical intake questionnaire as the call on the radio came out for immediate assistance to Separation Cell 11. Ofc. Morris responded as quickly as possible. As Ofc. Morris came to the separation hall Ofc. Hagemann was entering the cell. Ofc Morris followed. Ofc. Morris observed Inmate Monroy, Daniel So# XXXXX hanging from the air vent above the toilet. What appeared to be part of a bed sheet was around his neck and tied to the vent. Ofc. Hageman immediately attempted to cut him down. Ofc. Morris lifted Inmate Monroy by the torso and with Ofc. Hageman s assistance placed Inmate Monroy on his back onto the bed. Ofc. Hageman noticed a separate binding still around Inmate Monroy s neck. Ofc. Morris tilted Inmate Monroy s head back to gain access to the binding, Ofc. Hageman cut that binding off as medical entered the cell. Medical placed inmate Monroy on the floor and immediately began emergency care. Ofc. Morris stepped back to the corner of the cell to stay out of the way. Ofc. Morris pulled Ofc. Johnsons to the corner with him and took the cut down tool from her hand. Ofc. Morris directed Ofc. Johnson out of the room. The camera was brought to the cell and Ofc. Morris attempted to take pictures of the ligature marks on Inmate Monroy s neck. Ofc. Morris took pictures of the sheet hanging from the vent and from a distance showing the area around the toilet. Emergency personnel arrived and took over emergency procedures from jail medical staff. Ofc. Morris left the cell to prepare for transport. Ofc. Morris passed the cut down tool to Cpt. Bigham at the book in desk and went to get his phone for transport. As Ofc. Morris returned to the building he was instructed to trade places with Ofc. Woodard and report to second floor. An ambulance was immediately called and medical personnel transported Monroy to Wilson & Jones Hospital. Capt. Bigham contacted and informed her supervisor Chief Bennie. We then contacted the Texas Ranger Job Espinoza for investigation.”

The report says nothing about how often jailers were checking on and/or observing Mr. Monroy, what if anything Mr. Monroy said before he apparently committed suicide, or any other details of Mr. Monroy’s medical or mental health history. Jailers are required, pursuant to the United States Constitution, to provide reasonable medical care and mental health care to inmates, and to protect inmates from their suicidal tendencies.

The Grayson County Sheriff’s Department did not complete all fields in the custodial death report. The following fields were left blank: Intoxicated; Custody Code; Death Code; Medical Treatment Description; and Manner of Death Description. However, the field entitled “Make Suicidal Statements” was answered, “No.” However, the form indicated that Mr. Monroy exhibited mental health problems.

The United States Constitution requires jails to protect inmates from other inmates, and as well from their own suicidal and/or self-harm tendencies. If jailers are deliberately indifferent to a person with known mental health issues, and the person dies as a result, then certain surviving family members may be able to bring a lawsuit. Moreover, if a policy, practice, and/or custom of a county leads to death in jail, certain surviving family members may be able to assert claims against that county. These cases are usually filed in federal court.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Kevin Alexander Sanchez-Trejo Dies in Harris County Jail

3d interior Jail

The Harris County Sheriff’s Department, in Houston, Texas, filed a report regarding the custodial death of Kevin Alexander Sanchez-Trejo. Mr. Sanchez-Trejo was only 21 years old at the time of his death. We provide in this post limited 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 February 12, 2022, the decedent was discovered unresponsive in his single cell by a sergeant during supervisory rounds. Medical personnel responded, started life-saving measures, and transported the decedent to the clinic. Clinic medical staff continued life-saving measures, and the Houston Fire Department was contacted. Paramedics arrived and assumed life-saving measures. At 8:19 a.m., Houston Fire Department personnel determined the decedent had no signs of life.”

Thus, the report provides no information regarding how often jailers were checking Mr. Sanchez-Trejo, whether Mr. Sanchez-Trejo previously had medical and/or mental health issues in the jail, and/or what it was that ultimately led to Mr. Sanchez-Trejo’s death. The Harris County Sheriff’s Department also failed to provide any information in response to the following fields: Death Code; Intoxicated; Custody Code; Code of Charges; Medical Treatment Description; and Manner of Death Description. Interestingly, the Harris County Sheriff’s Department wrote “Unknown” in response to fields “Make Suicidal Statements” and “Exhibiting any Mental Health Problems.”

Mr. Sanchez-Trejo as well as all other inmates in county jails across Texas, have constitutional rights to receive reasonable medical care and reasonable mental health care. If those rights were violated, and they led to his death, then certain surviving family members may be able to bring a lawsuit.

The Harris County jail apparently continues to have serious issues. In fact, Harris County jail employees filed a federal lawsuit against Harris County in or about September 2021 regarding working conditions. It appears from our Texas civil rights law firm’s review of various occurrences that the Harris County jail is having far too many deaths. Hopefully, Harris County will quickly address its issues and avoid any further unnecessary injury and/or death of inmates.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Gilbert Shaw Medina Commits Suicide in Collin County Jail

Prison cells in big jail and security guard.

The Collin County Sheriff’s Office, in McKinney, Texas, filed a report regarding the death of inmate Gilbert Shaw Medina. Mr. Medina 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 summary portion of the report reads in its entirety:

“Medina was housed in a single cell at the Collin County Detention Facility. During a normal cell check, the pod officer observed Medina was laying on the floor and non responsive. Detention staff entered the cell and observed a ligature around Medina’s neck and immediately cut it off of him. Medical staff responded to the scene and Medina was pronounced deceased.”

Thus, the report provides no information, in the summary, regarding whether Mr. Medina was on a cell check schedule appropriate for a person with mental health and/or self-harm issues. The report also provides no information about how often Mr. Medina’s cell was checked.

Our law firm continues to handle a number of jail suicide cases across Texas, and we believe, based on our experience, that anything short of continuous monitoring of a suicidal inmate is insufficient. It takes a very few minutes to commit suicide using a ligature. Further, if jailers are aware that an inmate is suicidal, we believe it shows deliberate indifference to put that person in a cell, with one or more tie-off points and materials with which a person can make a ligature. This is not just our Texas civil rights law firm’s opinion. The 5th Circuit Court of Appeals in New Orleans has agreed with this view.

The Collin County Sheriff’s Office chose not to complete the report in its entirety. The Collin County Sheriff’s Office failed to provide any information in response to the following fields in the form: Death Code; Custody Code; Intoxicated; Manner of Death Description; Code of Charges; and Medical Treatment Description. However, the Collin County Sheriff’s Office did disclose that Mr. Medina exhibited mental health problems and also made suicidal statements.

If a person’s constitutional rights are violated through being deliberately indifferent to that person’s mental health needs, and the person dies as a result, certain surviving family members may be able to file a lawsuit. These claims are typically filed in federal court.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Texas Commission on Jail Standards Jail Inspection Memorandum

DM Inside a jail cell
Interior of solitary confinement cell with metal bed, desk and toilet in old prison.

The Texas Commission on Jail Standards (TCJS) issued a technical assistance memorandum on February 15, 2022. The memorandum was to all sheriffs and jail administrators in Texas, and was from Brandon Wood, TCJS Executive Director. The memorandum was regarding the TCJS process to inspect Texas jails.

The TCJS notified Texas sheriffs and jail administrators that the TCJS had gone through the Sunset Review process during the last legislative session. This resulted in TCJS changes, not only internal agency operations but also how the TCJS will conduct on-site inspections of Texas county jails. The TCJS also governs municipal jails that are privately-operated.

Executive Director Wood indicated that changes required by the Sunset Review process are currently underway. He pointed out that one area that the TCJS must change is how re-inspections are conducted. Previously, if a Texas County jail failed its inspection, it would submit a corrective plan of action and then ask for a re-inspection. A majority of those re-inspections were administrative and accomplished through a review of records, while a smaller percentage occurred on-site to ensure that areas of non-compliance had been corrected.

The TCJS is now required to conduct a full inspection on a randomly selected percentage of jails that had requested re-inspection. The TCJS, to test this new approach, set a percentage of 25%. Therefore, one out of every four re-inspections will be a full inspection and not just a review of areas of non-compliance.

Our law firm, handling jail neglect and abuse cases across Texas, is glad to see this change. The TCJS has a very limited budget and does a lot of needed work across the state. Thus, we find that jails can frequently fly “under the radar” and violate minimum jail standards with impunity. Hopefully, this will result in safer Texas jails.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Nacogdoches County, Texas Jail Fails State Inspection

Prison cells in big jail and security guard.

The Texas Commission on Jail Standards (TCJS) conducted an inspection of the Nacogdoches County jail, in Nacogdoches, Texas, on January 15, 2022. As a result of the TCJS inspection, the Nacogdoches County jail is now listed as being non-compliant.


The TCJS Inspector failed the Nacogdoches County jail, because it violated a minimum jail standard. The TCJS Inspector determined, after reviewing documentation, that the Nacogdoches County jail exceeded its rated housing capacity on multiple days: January 11, 2022, January 12, 2022, and January 13, 2022. It is important that jails not exceed their rating housing capacity, as there will be insufficient jailers to supervise inmates. Inappropriate supervision of inmates can lead to illness or death, for inmates who are suicidal, or for those inmates who need medication and perhaps do not receive it as prescribed by a physician. Hopefully, the Nacogdoches County jail will quickly bring itself into compliance.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.