Category: Medical Care

Suicide Prevention Recommendations for Jails Continued

Decisions About Suicide Watch – Part 2

Overall, this environment has a negative effect on inmates, causing them to have intensified feelings of shame and triggering traumatic memories. A sense of hopelessness tends to be fostered, and it becomes difficult to maintain a healthy connection with the health staff. Knowing that suicidal inmates are treated in this manner encourages many individuals to hide the fact that they are feeling suicidal.

In many jails, a decision is made as to whether a particular inmate should be placed in the general population with a plan to follow up later or to be placed in the restrictive suicide watch setting.

Risk Factors for Inmate Suicide – Part 1

The National Commission on Correctional Health Care (NCCHC) identifies risk factors for inmate suicide among individuals who have been arrested but haven’t been to trial or found guilty. These inmates remain in jail due to an inability to post bail or denied release by a judge. Sometimes they remain in jail pending placement in a state psychiatric facility to receive treatment aimed at rendering them mentally fit to resume their legal case.

Learn more in Part 1, Part 2, Part 3, and Part 4 of this ongoing series, to include risk factors for inmate suicide in the next segment.

It is not intended on this website to imply that persons or organizations have been involved in misdeeds. Posts on this website purpose to provide a helpful resource that benefits county jail inmates in Texas.

–Guest Contributor

The Texas Commission on Jail Standards (TCJS) issued a technical assistance memorandum on January 24, 2022. The TCJS Technical Assistance Memorandum addresses Texas County jail inmates who have a hearing disability or are completely deaf. The memorandum indicates that most such inmates will likely use American Sign Language (ASL) as their primary means of communication. The TCJS encourages jails, in the memorandum, to include provision for Video Relay Service (VRS) in inmate telephone services contracts or to otherwise provide inmates access to VRS. The FCC will pay for the service pursuant to the Americans with Disabilities Act, and there is thus no charge to Texas county jails.

The FCC indicates that VRS enables people with hearing disabilities who use ASL to communicate with voice phone users through a video service instead of through typed text. The inmate will contact a VRS operator through a computer and allow communication with each other through sign language.

Many Texas county jails provide only TTYs for inmates who are deaf in order to access phone services. The TCJS warns Texas sheriffs and jail administrators that this may not be effective. Therefore, other forms of telecommunication technologies, such as video phones, may be necessary.

These issues can implicate constitutional concerns. It is important that Texas sheriffs and jail administrators protect and ensure constitutional rights of inmates within their care.

The Live Oak County Jail, in George West, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The jail is now listed as being non-compliant by the TCJS.

The TCJS inspector determined, on the day of the inspection, that the Live Oak County jail’s fire panel was in “trouble mode” and could not be reset to normal mode. The inspector also determined, when reviewing life safety documentation, that the last fire marshal inspection was conducted on September 2, 2020. This placed the fire marshal inspection past-due by 16 months.

These are serious violations, and they clearly both relate to the risk of injury or death from a fire. Hopefully, the Live Oak County Jail will remedy these issues and bring itself into compliance with Texas Commission on jail standards requirements.

The Jim Hogg County Jail, in Hebbronville, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The inspection occurred on January 5, 2022. The Jim Hogg County Jail is now listed as being non-compliant by the Texas Commission on Jail Standards.

The TCJS inspector determined that there were at least four minimum jail standards violations. On the date of the inspection, the TCJS inspector determined that there were three inmates that had been held in a holding cell for more than 48 hours. There’s no reason to hold an inmate in a holding cell for more than 48 hours. If he or she needs medical care and/or mental health care, then he or she should be taken to the nearest appropriate medical and/or mental health care facility.

The TCJS inspector also determined, when conducting interviews, that Jim Hogg County Jail staff had not received suicide prevention training in the prior 12 months. This was required both by TCJS minimum standards and the Jim Hogg County Jail mental disabilities/suicide prevention, operational plan. This is a serious violation, based upon our Texas civil rights law firm litigating jail suicide cases across the state. If jailers are not trained in suicide prevention, then death and injury may occur. There is no excuse for the Jim Hogg County Jail failing to assure that its employees receive timely and appropriate suicide prevention training.

Moreover, the TCJS inspector determined, when reviewing medication administration records, that medications were not being distributed in accordance with written instructions from a physician. This is yet another serious violation. We are currently litigating one case against a different county, and that county likewise failed to administer medications in accordance with written orders from a physician. If a jailer fails to provide medications in accordance with such instructions, then obviously serious injury and/or death can occur.

Finally, the TCJS inspector determined that inmates in the Jim Hogg County Jail were not receiving written interim responses to grievances within 15 days, or a written final response within 60 days, to such grievances. This is important, as prisoners have due process. It is important to remember that typically prisoners in county jails have not been convicted of anything and are awaiting trial. The United States Constitution guarantees the right of such prisoners to receive reasonable medical care and mental health care. If serious injury or death result of a failure to provide such care, then certain family members and/or the injured person may be able to bring a federal lawsuit.

The North Richland Hills Police Department, in Tarrant County, Texas, filed a report regarding the custodial death of Brandon Ford. Mr. Ford was only 33 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:

“On 10/17/2021 at approximately 0045 hours, Watauga Officer Bell, conducted a traffic stop, incident 21W20988, with a vehicle in which Brandon Ford, the decedent, was a passenger. Ultimately the driver and Brandon Ford were both arrested for confirmed warrants. Ford was transported and arrived at the North Richland Hills PD jail facility at approximately 0125 hours. Initially Ford was placed in D1 holding cell at approximately 0143 hours. After speaking with the Haltom City Judge they agreed he would sit out the remainder of the amount owed. At 1538 hours Ford was transferred to Orange Pod 3 which is a multi-prisoner cell. However, Ford was placed in the cell alone. Multiple checks of the cell were conducted throughout the duration of his stay. Ford was provided food and drink. At approximately 0445 hours on 10/18/2021, from video surveillance, it appears Ford has a medical episode. At 0513 hours Detention Officers Victorious and Vastine enter Orange Pod 3 to serve Ford breakfast. At that time they observed Ford to be deceased. Medical personnel were summoned to the scene. North Richland Hills Fire Department medics began life saving measures and Ford was transported to North Hills Hospital where he was reported deceased at approximately 0550 hours.”

The report also indicates that Mr. Ford did not make any suicidal statements or exhibit any mental health problems. The report provides no responses to the fields entitled Death Code, Manner of Death Description, Code of Charges, Custody Code, Intoxicated, and/or Medical Treatment Description. The report also provides very little information regarding what, if anything, was observed during purported cell checks.

The United States Constitution guarantees the right of pretrial detainees to receive reasonable medical care and mental health care. If police officers, jailers, EMTs and/or others are aware of serious medical needs of a person in custody, and they fail to provide medical care in response, then they could be liable for a death occurring in a jail or holding facility. Unfortunately, there are far too many custodial deaths in Texas. Our law firm has litigated a number of such deaths in federal court.

Justin Joshua Flores was seen taking his medication at 9:30 pm on December 6, 2021, at El Paso County Jail in El Paso, Texas. Just over an hour later, other inmates contacted the guard station through the intercom system saying Mr. Flores had passed out and wasn’t breathing. He was taken to a hospital, where he was pronounced dead shortly before midnight the same day.

Non-compliance with minimum jail standards in county jails is sometimes an indication that inmates have been vulnerable to potential harm. The Texas Commission on Jail Standards (TCJS) sets the guidelines for operation. Accountability is primarily achieved through annual jail inspections. Texas jail inspection reports include details on the rule that was broken and notes from the TCJS inspector.

As far as medical attention for inmates, only in a few areas related to their physical safety seem to be measurable through inspections involving perusal of jail documentation. Observing inmates in restraints is among them. Determining whether supervision of at-risk inmates has occurred as required includes weighing records kept automatically by electronic equipment against manual documentation recorded by jail staff members. 

The following note by a TCJS inspector is in regard to alleged violation of the rule requiring inmates in restraints to be checked in intervals no greater than every 15 minutes.

When documentaion was reviewed, it was discovered that the 15-minute observations were exceeded multiple times by anywhere between 1 to 23 minutes.

See Part 1 and Part 2 of this three-part series to learn more.

There is never an intention on this website to make insinuations that a person or organization has been engaged in wrongdoing. Providing beneficial information to inmates currently or previously detained in a county jail in Texas is the purpose of the posts on this site.

–Guest Contributor 

The Cameron County Jail, in Brownsville, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS inspected the Cameron County Jail December 7 through 9, 2021. The Cameron County Jail is now listed as being non-compliant at the TCJS’s website.

The TCJS inspector found at least three minimum jail standards violations. First, the inspector determined, when inspecting portions of the jail, that she was unable to verify that weekly and monthly full load generator tests were conducted. TCJS standards require that emergency power equipment be tested at least once each week, and that electric load be transferred to circuits at least monthly.

Second, the TCJS inspector found that Cameron County Jail Administration could not produce documentation proving that all jail employees had received two hours of suicide prevention training annually. This training was required by Cameron County Jail’s mental disabilities/suicide prevention operational plan. This is a serious violation, as our law firm handles an unfortunate number of jail suicide cases across Texas. Employees of county jails in Texas must be trained and educated as to how to recognize inmates who have self-harm tendencies and/or are suicidal. The failure to train employees could lead to severe injury and/or death.

Finally, the TCJS inspector determined that inmate housing areas needed to be cleaned and have excess trash removed. The old portion of the jail needed to be painted, including rusty stairs in each dorm. There were multiple light fixtures covered with paper, and multiple vents covered with toilet paper. There were multiple sink/toilet units dirty and rusty. Significantly troubling, the same issues were noted to be areas of technical assistance during the prior annual inspection. Hopefully, the Cameron County Jail will bring itself into compliance with minimum state standards.

The El Paso County Sheriff’s Office, in Texas, filed a custodial death report regarding the death of Eric Dominguez. Mr. Dominguez was only 35 years old at the time of his death. We provide in this post 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 12/06/2021 at approximately 10:08pm. Officers were conducting security rounds of tank 1080 which is an administrative segregation tank, single inmate lock down. During the security check Cpl. Lopez observed inmate Dominguez sitting on the floor near the cell door slumped over. Cpl. Perez knocked on the cell window, there was no response from the inmate, Cpl. Perez opened the cell door, he touched his shoulder and called him by name still no response. Cpl. Perez checked for vital signs with no results. Medical staff was notified first aid was administered along with the deployment of an A.E.D. Inmate was transported to a local area hospital where he was pronounced dead at 10:58pm. by Dr. Jeramy Williamson. It should be noted that at approximately 7:58pm. Officer DeSantigo and Nurse Dustan were dispensing medication to Dominguez at this time Dominguez fell to the floor. Dominguez was then escorted to the Clinic for medical evaluation, he was treated and returned to his cell by Officer DeSantigo and Nurse Dustan. Investigation continues / Autopsy pending.”

The report also indicates that Mr. Dominguez did not make any suicidal statements or exhibit any mental health problems. We are uncertain as to how often Mr. Dominguez would have been checked, but hopefully at least as often as that required by the Texas Commission on Jail Standards (TCJS). We find, from experience handling jail death cases across Texas, that TCJS standards are inadequate in certain circumstances. If a person dies as a result of not receiving medical care in a Texas jail, then certain surviving family members may be able to bring a lawsuit. The 14^th Amendment to the United States Constitution guarantees the right of pre-trial detainees to receive medical care and to be protected.

The El Paso County Sheriff’s Office, in Texas, filed a report with the Attorney General of Texas regarding the death of Justin Joshua Flores. Mr. Flores 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 wrong doing against anyone.

The summary portion of the report reads in its entirety:

“On 12/06/2021 at approximately 9:30pm Cpl. A. Arciniaga and Nurse Dustan were dispensing medication to cell block 650 Cpl. Arciniaga observes inmate Flores take his medication. At 10:38pm. Inmates in cell 650 contact the guard station office through the inter com system that an inmate in cell 650 had fainted and was not breathing. At 10:41pm. Officers Arciniaga and Blair responded to cell block 650 and observed inmate Flores laying on the floor they stated that he appeared to be unresponsive laying on the floor, there were no signs of injury or trauma, Cpl. Arciniaga check for a pulse and non was detected. Cpl. Arciniaga requested medical staff to respond first aid was administered as well as an A.E.D. Inmate Flores was transported to a local area hospital where he was pronounced dead by Dr. Williamson at 11:51pm. Investigation is on going / Autopsy is pending.”

The report does not indicate anything regarding the times of observations by jailers of Mr. Flores. The report does indicate that Mr. Flores did not make any suicidal statements or exhibit any mental health problems.

People who are held in Texas county jails have the right to receive reasonable medical care and reasonable mental health care. They also have the right to be protected from their own suicidal tendencies, and assault by other jail inmates. If a county violates a person’s constitutional rights while that person is being held in a county jail, and the person dies as a result, then certain family members may be able to bring a lawsuit in federal court.

The Yoakum County Jail, in Plains, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS conducted the inspection on December 7, 2021. The TCJS inspector found at least six violations, which the inspector documented in the report.

First, the TCJS inspector determined that quarterly fire/SCBA/life safety training had not been completed for one jailer, and that four other jailers had not received training during at least one or two quarters of year 2021. TCJS standards require training of staff for emergency situations at county jails, such training to be provided immediately upon employment and no less than each calendar quarter for all jail personnel. This includes fire, emergency, evacuation drills, and location and use of equipment.

The TCJS inspector also determined that weekly and monthly generator testing had not been documented during most of the year. Also, all fire extinguishers in the Yoakum County Jail had expired on November 30, 2021. TCJS requires that all life safety equipment be inspected, maintained and tested by people qualified to do so, and that it all be operational, secure, and safe at all times.

Third, the TCJS determined that jail staff were exceeding inmate observations, for those inmates who are on 30-minute face-to-face observations, by as little as one minute and by as many as 10 minutes in holding and detox cells. This is a significant problem, as people in holding and detox cells are at times at highest risk for injury and death. Our Texas law firm has handled a number of Texas Jail death cases, many of which arise simply because prisoners are not being observed as required.

Fourth, the TCJS inspector also determined that Yoakum County, Texas Jail staff were exceeding 60-minute face-to-face prisoner observation checks by as little as one minute and by as many as 12 minutes. Thus, Yoakum County jailers were not observing high-risk or typical-risk prisoners at required minimum intervals.

Fifth, the TCJS inspector determined when walking through the facility several sanitation issues. The kitchen area was dirty with food which was dried onto appliances, as well as on the floor and an inmate tray carrier/food cart. The facility laundry dryer had a large amount of lint in the lint trap. There was a large black substance on shower walls of cell 104.

Finally, the TCJS inspector determined when walking through inmate housing areas a number of plumbing issues. These included low water pressure, no hot water, and shower spouts that did not work.