Category: Medical Care

The Texas Commission on Jail Standards (TCJS) recently conducted an inspection of the Van Zandt County jail, located in Canton, Texas. The Van Zandt County jail failed the TCJS inspection, such inspection occurring on February 7, 2022. The Van Zandt County jail is now listed as being non-compliant with the TCJS.

The TCJS Inspector found at least three minimum standard violations. Our Texas jail abuse and neglect law firm finds, in our opinion, these violations to be serious.

First, after reviewing medication administration records, the TCJS Inspector determined that they failed to show that medications were distributed in accordance with written instructions from a doctor. This is vitally important, particularly in a jail setting. While medications could include life saving lifesaving medications such as those provided to a person with high blood pressure or diabetes, medications in a jail setting are, unfortunately, commonly used to treat mental illness. If a prisoner does not receive his or her mental illness medications, then he or she may be more prone to suicide. There is no excuse for not distributing medications in the Van Zandt County jail in accordance with written instructions from a physician.

Another serious violation pointed out in the report by the TCJS Inspector related to intake screening to identify inmates who are potentially suicidal and/or mentally disabled. The TCJS Inspector determined that Van Zandt County jail staff did not notify a magistrate within 12 hours after required by Texas law-on multiple occasions. Such notification was required when the intake officer received certain answers on the Screening Form for Suicide and Medical/Mental/Developmental Disabilities. Likewise, when a Continuity of Care Query (CCQ) returned a positive match for an inmate, the jail was required to notify a magistrate. A CCQ response can indicate prior in-patient mental health services received by an inmate. It is vitally important to notify a judge when a jail is incarcerating an inmate with mental health issues, including the tendency to commit suicide.

Finally, the TCJS inspector noted that the Van Zandt County jail did not properly observe inmates. The TCJS Inspector, when reviewing 30-minute face-to-face-observations in portions of the Van Zandt County jail where inmates were known to be mentally ill, assaultive, potentially suicidal, or exhibiting bizarre behavior, exceeded the 30-minute requirement by as few as 1 minute, but by as many as 91 minutes, on a routine basis. The fact that such is occurring on a routine basis is likely sufficient to establish, in any lawsuit filed against Van Zandt County, a custom or practice. A custom or practice of a county is particularly important when attempting to prove constitutional violations.

The United States Constitution guarantees the right of pre-trial detainees to receive reasonable medical care and mental health care, and to be protected from others and their own suicidal tendencies. If these rights are violated, and a person is injured or dies as a result, then claims may be brought in a federal lawsuit.

These problems with the Van Zandt County jail are particularly troubling, because there have been deaths of-late in the jail. Joshua Daniel Key was booked into the Van Zandt County jail on July, 9 2021. He died approximately 11 days later. Likewise, in October 2021, an inmate likely committed suicide in the jail. While we make no allegation of any wrongdoing against anyone at the Van Zandt County jail, in this post, or related to those deaths, the failure to comply with bare minimum jail standards can often lead to serious injuries and/or death. It is particularly troubling, however, that the Van Zandt County jail would fail a February 2022 inspection after such recent deaths.

The Lubbock County Sheriff’s Office, in Lubbock, Texas, filed a report with the Attorney General of Texas regarding the death of Sweet Dagza. Ms. Dagza was 60 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 summary portion of the report reads in its entirety:

“On June 23, 2021, at approximately 02:05 am, Officers were conducting a jail security checks in the medical unit when they found inmate Sweet Dagza unresponsive on her bed. A radio call for an unresponsive inmate was announced. Jail medical personnel arrived and began assessing Inmate Dagza and Emergency Medical Services were called. EMS arrived at approximately 02:24 and pronounced Inmate Dagza deceased. The Metropolitan Special Crimes unit was contacted to investigate the death. The deceased was turned over to the Lubbock Medical Examiner’s Office.”

Therefore, the report provides very little information regarding what if any medical and/or mental health issues Ms. Dagza was having. The report indicates that Ms. Dagza was originally in custody a little over two weeks before her death. Ms. Dagza was apparently initially incarcerated at approximately 2:00 p.m. on June 6, 2021. The fact that the Lubbock County Sheriff’s Office did not file a report with the Attorney General until February 15, 2022 likely indicates that it violated Texas law. Texas law requires that a county who has a person in custody at the time of that person’s death must report the death to the Attorney General, on a prescribed form, within 30 days after the death. It appears that the Lubbock County Sheriff’s Office waited many months to report the death, for some unknown reason.

The Lubbock County Sheriff’s Office chose not to provide any information at all in the report in response to the following field prompts: Manner of Death Description; Custody Code; Death Code; Intoxicated; Code of Charges; and Medical Treatment Description. The report does indicate that Ms. Dagza did not make any suicidal statements. However, the report also indicates that Ms. Dagza exhibited medical problems and mental health problems.

Our Texas jails have far too often become a dumping ground for people with mental health issues. It seems that virtually every case that our firm reviews, in some way, touches on mental health issues. It is far past time for Texas to do something about incarcerating mentally ill people, and treating them as if they were typical inmates.

The report does not indicate anything about periodic checks of Ms. Dagza, which would be required by the Texas Commission on Jail Standards. The report also does not indicate any specifics regarding any medical and/or mental health issue observations.

The 14^th Amendment to the United States Constitution provides rights to people in Texas jails, such rights including the right to receive reasonable medical care, mental health care, and protection from self and others. If a person’s rights are violated, and the person dies as a result, then specific family members may be able to bring a lawsuit in federal court.

The Harris County Sheriff’s Department, in Houston, Texas, filed a custodial death report regarding the death of Simon Peter Douglas. Mr. Douglas was only 41 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 Harris County Sheriff’s Department chose not to provide any information in response to the following fields in the custodial death report: Death Code; Manner of Death Description; Code of Charges; Custody Code; Medical Treatment Description; and Intoxicated. The Harris County Sheriff’s Department did indicate in the report that Mr. Douglas exhibited mental health problems. In response to the question as to whether Mr. Douglas made any suicidal statements, the Harris County Sheriff’s Department responded, “Unknown.”

The summary portion of the report reads in its entirety:

“On February 10, 2022, the decedent was arrested by the Houston Police Department and transported to the Harris County Joint Processing Center. During the booking process, the decedent was placed into a single cell due to his aggressive and erratic behavior. While inside the single cell, the decedent removed a piece of lining in his jail issued clothing and attempted to hang himself. Detention officers entered the cell and struggled to handcuff the decedent as he struggled with officers. The decedent was handcuffed and moved to a single cell padded room. While inside the padded room, the handcuffed decedent continually ran his head into the walls, door, and a metal grate on the floor of the cell. Detention staff entered the cell and removed him onto a stretcher. The decedent was transported to the clinic and subsequently to Ben Taub Hospital where he was pronounced deceased at 7:21 a.m. by a medical doctor.”

If jailers knew that Mr. Douglas was suicidal, they should not have allowed him to be in a cell with any material with which he could form a ligature. It is a far too common occurrence in Texas county jails for an inmate to commit suicide using ligature. Inmates will use phone cords, items of clothing, bed sheets, and mattress material. The United States Constitution guarantees the right of inmates in Texas county jails to be protected from known suicidal tendencies. They also have the right to receive reasonable medical care and mental health care. If jailers are deliberately indifferent to such needs, and/or a county’s policies, practices, and/or customs lead to the death of an inmate, then certain surviving family members might be able to file a lawsuit and bring federal claims.

The Travis County Sheriff’s Department, in Austin, Texas, filed a report with the Attorney General of Texas regarding the death of Jared Jon Bell. Mr. Bell was only 32 years old at the time of his death. We provide information 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 9, 2022 the Travis County Sheriff’s Office had an inmate death in custody. The inmate is identified as Jared Jon Bell, W/M DOB: XX/XX/1989, Booking #22-2319. Inmate Bell was housed at the Travis County Jail located at 500 W. 10th Street Austin, TX 78701 on the second floor, P4 303 (Ida unit). At approximately 9:11 A.M. on February 9, 2022 Bell requested to use the phone in the Ida unit. The phone apparently did not work in that unit, so Bell was placed in the King unit dayroom at approximately 9:19 A.M. to use the phone by Corrections Officer Alex Henderson #6921. At the time, the King unit was vacant of any other inmate. At approximately 10:13 A.M. Officer Henderson discovered Bell had hanged himself while conducting a post visual by apparently wrapping the phone cord around his neck and sitting down. Officer Henderson called for assistance, and other staff members immediately responded to assist. CPR was immediately initiated by TCSO staff until paramedics arrived. Paramedics continued CPR until Bell was declared deceased at 11:07 by Doctor Abraham.”

The Travis County Sheriff’s Department did not provide any information for the following fields in the form: Death Code; Manner of Death Description; Custody Code; Code of Charges; Intoxicated; and Medical Treatment Description. However, the Travis County Sheriff’s Department indicated in its report that Mr. Bell exhibited mental health problems and made suicidal statements.

There is absolutely no reason why any suicidal person should be left in a cell or room in a Texas county jail with a phone cord which can be used as a ligature. Our law firm is handling cases involving phone cord suicides, and jailers, sheriffs, and jail administrators across the state of Texas are well-aware that phone cords, clothing, bed sheets, and similar items are used by inmates to commit suicide.

The 14th Amendment to the United States Constitution guarantees the right of pre-trial detainees to be protected from themselves, including suicidal tendencies. If jailers are deliberately indifferent to a suicidal inmate’s mental health needs, and/or self-harm tendencies, and/or a county has policies, practices, and/or customs which result in the suicide of an inmate, then certain surviving family members might have claims which can be filed in a federal lawsuit.

Unfortunately, it seems that further litigation will be necessary to result in Texas county jails removing phone cords from cells. The Texas Commission on Jail Standards warned all sheriffs and jail administrators, in year 2015, of the danger of phone cords being used to commit suicide.

The Texas Commission on Jail Standards (TCJS) recently inspected the Victoria County jail, in Victoria, Texas. The TCJS found that the Victoria County jail was not in compliance with Texas minimum jail standards.

The TCJS inspector determined, after reviewing prisoner restraint chair logs, that Victoria County jail staff exceeded the mandated 15-minute observation checks by as few as one minute and by as many as 14 minutes on multiple occasions. This is a serious violation. It is extremely important that jailers make appropriate periodic observations of a person who has been put into a restraint chair. Otherwise, serious medical issues can occur. Hopefully, the Victoria County jail will remedy its non-compliance with TCJS minimum standards.

The Fisher County jail, in Roby, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS conducted the inspection on January 3, 2022. The Fisher County, Texas jail is now listed as being non-compliant by the TCJS.

The TCJS inspector found that the fire marshal is not certified in accordance with Texas law. Only an individual certified by law as a fire inspector can conduct a fire safety inspection.

The TCJS inspector also found two other issues which are particularly concerning regarding situations involving prisoner neglect and indifference in other jails, based on our experience. The inspector found, when reviewing suicide prevention training, that Fisher County jail staff had not been trained annually during calendar year 2021 as required by the jail’s suicide prevention operational plan. This was particularly troubling, because the same issue was noted as a deficiency during the year 2019 annual inspection by the TCJS. It is extremely important that jailers be trained in suicide prevention, as suicide is a – if not the – leading cause of death in Texas jails. We have handled and continue to handle a number of jail suicide cases, and it is vital that Texas jailers be on the lookout for suicidal tendencies. In this regard, training is critical.

The TCJS inspector also determined when inspecting the Fisher County jail. in January 2022. that a magistrate was not notified when required by answers provided to questions on the TCJS-required Suicide and Medical/Mental/Developmental Impairments form. Once again, the TCJS had noted this as a deficiency for the Fisher County jail at the 2019 annual inspection.

It is important that a judge be notified when a prisoner is brought into a Texas county jail and has significant mental health issues. If a jail, such as the Fisher County jail, fails to do so, then potentially no one outside the jail knows or understands that an inmate with potentially suicidal tendencies is incarcerated. Hopefully no one died or was injured as a result to these deficiencies. We expect that the Fisher County jail will bring itself into compliance with Texas law.

The Fort Bend County Sheriff’s Department, in Richmond, Texas, filed a custodial death report regarding the death of Zachary Daniels. Mr. Daniels was only 22 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:

“Decedent was housed within a cell block dedicated for those experiencing mental health issues and determined to be unable to comingle within general population. The decedent was within a single occupancy cell during which time he fashioned a bedsheet, which he tied around his neck and the bars of the cell door. The supervising officer discovered the incident, cut down the inmate and initiated CPR along with summoning medical aid from staff. The decedent was transported to Oak Bend Medical Hospital where resuscitation efforts continued. Ultimate death was pronounced at 7:05 pm and subsequent autopsy completed at the Fort Bend County Medical Examiner’s Office. Investigation conducted by Texas Ranger’s Office, District Attorney’s Office, Fort Bend Medical Examiner’s Office and Fort Bend County Sheriff’s Office. Preliminary manner determined to be suicide and final autopsy report pending completion of laboratory analysis.”

The Fort Bend County Sheriff’s Department chose to leave several portions of the report blank, including the following named fields: Death Code; Manner of Death Description; Custody Code; Code of Charges; Intoxicated; and Medical Treatment Description. However, the report did indicate that Mr. Daniels made suicidal statements and exhibited mental health problems. The report indicates nothing about whether Mr. Daniels was on a constant watch, which our law firm believes is appropriate for a person who is suicidal, and it likewise does not indicate how often, if at all, observations were made of Mr. Daniels.

Our Texas law firm has handled and is handling a number of jail suicide cases. It makes little sense to house a person who is suicidal and/or, as described in the summary above, experiencing mental health issues to the point he or she cannot co-mingle with general population, in a cell with items that can be used as ligatures. Inmates commonly use bed sheets, clothing, phone cords, and/or any other cloth available in the cell to form ligatures to commit suicide. If a person is suicidal, courts have held that putting that person into a cell with material with which he can form a ligature, and with one or more tie points, can violate that person’s constitutional rights by being deliberately indifferent to that person’s suicidal tendencies.

There is no excuse for placing a suicidal inmate, if that is in fact what happened in this case, into a cell with items that can be used to form ligatures and with tie-off points. Our law firm sees this occurrence far too often, not only in Texas but across the United States. If jailers are deliberately indifferent to a suicidal person’s mental health needs, and the person dies as a result, then certain surviving family members may be able to bring a lawsuit. Likewise, if a policy, practice, and/or custom of a County causes such a death, the County could also be liable to certain surviving family members.

The report indicates that several agencies will be conducting an investigation. The Texas Rangers investigate such cases only for criminal offenses, and not to determine whether a person’s constitutional rights were violated and/or whether claims by family members may be brought. Once a Texas Ranger completes his or her investigation, he or she will typically turn over a report and materials to a district attorney’s office. The district attorney’s office might then submit potential charges to a grand jury. Many counties across Texas do this as a standard practice, even if they do not believe that any criminal offense led to the death of a person in custody. The Fort Bend County Sheriff’s office will conduct its own investigation and has likely already interviewed jailers and others on duty when Mr. Daniels was brought to the jail and at the time of the occurrence leading to his death. The Texas Commission on Jail Standards will also likely conduct an investigation of Mr. Daniels’ death.

RULE §273.2 – Prescriptions for Inmates

The Texas Commission on Jail Standards (TCJS) requires that each jail devise and implement procedures for handling prescriptions of inmates. The rule seems straightforward and difficult to misinterpret, as seen below:

• Rule §273.2 (7) plainly states that the distribution of prescriptions should be implemented according to doctors’ written instructions. The person distributing the medications should be designated by the sheriff or the appointed jail operator. 
• Rule §273.2 (6) indicates that procedures for controlling, distributing, securely storing, inventorying, and disposing of prescriptions are required, in addition to the same actions for needles, syringes, and hazardous waste containers.
• Rule §273.2 (12) states that, as soon as possible, a qualified medical professional must review any prescription medications that an inmate is taking when he or she is brought into custody.

Based on the consistently high quantity of complaints against Texas jails regarding denial of medical care, it appears that two things may be missing as far as making certain that inmates receive their prescriptions as instructed by a physician. 

1. First, perhaps further training of jail staff members is needed so that the importance and significance of taking prescriptions according to a doctor’s instructions is fully understood. 
2. Secondly, it seems that accountability is missing with regard to maintaining minimum jail standards pertaining to not only prescriptions, but medical treatments needed– medications and/or treatments sometimes required to prevent an inmate’s death.

Learn more in Part 1 and this ongoing series.

Intimating that any person or entity has been a participant in wrongdoing is never intended on this website. Each post is meant as a resource to help inmates who are currently or have previously been held in a Texas county jail.

–Guest Contributor 

The Hudspeth County Jail, in Sierra Blanca, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS’s inspection occurred on January 19th, 2022.

The TCJS found at least two minimum jail standards violations. First, the TCJS inspector determined that intercoms in two tanks, and the holding cell, did not work as designed. There was no two-way voice communication in those areas. Moreover, while walking through the jail, the TCJS inspector determined that maintenance and sanitation in the jail did not meet acceptable levels of cleanliness and sanitation required by minimum jail standards. Hopefully, the Hudspeth County Jail will bring itself into compliance with TCJS minimum standards.

Risk Factors for Inmate Suicide – Part 2

The National Commission on Correctional Health Care (NCCHC) has identified the following facts regarding suicide and inmates in a particular group:

• The period when there is the highest rate of suicide is during initial pre-trial lockup, which is immediately following an inmate’s arrest and booking. 
• The status of being recently arrested has a much higher rate of suicide assempts than probation, parole, and no involvement with the criminal justice system.
• The highest prevalence of suicide in the group of recently arrested inmates is among those with substance use disorders.

Recommendations to Reduce Custodial Suicides

A clinical and forensic psychiatrist who is an authority in the mental health field and associated with the above-mentioned study makes the following recommendations:

• Consider making bolstered efforts at suicide prevention within the criminal justice system at multiple points of contact.
• Take special care to ensure that inmates at an elevated risk of suicide have been identified and given access to appropriate services.
• All law enforcement personnel, legal counsel, correctional staff, psychiatrists, and medical personnel within the jails should be made aware of the risk of suicide among the vulnerable members of the inmate population. They should also know that individuals are best able to get the help they need through screening, support, and access to services. 

Learn more in Part 1, Part 2, Part 3, Part 4, Part 5, and Part 6 of this ongoing series.

There is never an intention on this website to make implications of wrongdoing having occurred on the part of any person or entity.  Each post is meant as a resource to benefit prisoners now or previously held in Texas county jails.

–Guest Contributor