Category: Medical Care

The Swisher County Jail, in Tulia, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS inspected the Swisher County, Texas Jail on December 17, 2021. Hopefully, the Swisher County Jail will bring itself up to compliance with TCJS minimum standards.

The TCJS inspector found that the last fire marshal inspection was conducted on December 2, 2020, that placed the inspection 15 days overdue. This is particularly troubling, because the inspector had listed that issue as a deficiency during the 2020 annual inspection.

The TCJS inspector also determined that alert signals at the jailer station were activating, but that no two-way communications could be established on either side from a jail cell. TCJS standards require that there be a two-way voice communication option between Texas County Jail inmates and jailers at all times.

Finally, and very troubling, the TCJS inspector found that Swisher County, Texas jail staff had not been trained on life safety equipment during either the first quarter, second quarter, or third quarter of 2021. Jailers cannot be expected to properly use lifesaving equipment if an inmate has a life saving issue, if they are not trained to do so.

The Marion County Jail, in Jefferson, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS inspected the facility on December 17, 2021 and found a number of violations.

First, the TCJS inspector found that jail staff, on multiple occasions, failed to notify a magistrate judge within 24 hours as required by Texas law. This requirement exists when there are positive returns on what is known as a Continuity of Care Query (CCQ). A CCQ determines whether a person who is being brought into a Texas county jail had prior mental health treatment. A magistrate also must be notified if there are certain answers on the screening form for suicide and medical /mental/developmental impairments. This form is promulgated by the TCJS and is required to be used at the time of intake in every Texas county jail.

This is a serious violation, as our law firm has handled a number of jail suicide cases in Texas. If jail staff do not take seriously inmates’ mental condition at the time of intake, then they may not appropriately house inmates and/or keep an appropriate watch. This leads to far too many suicides, not only in Texas, but across the United States.

Second, the TCJS inspector determined, while reviewing medical files, that jail staff were not even completing the screening form for suicide and medical/mental/developmental impairments form in its entirety. This is particularly troubling, because the TCJS inspector noted that the problem was an area of technical assistance told to the jail during the annual inspection. There’s no excuse for not completing the mental health screening form in its entirety. Moreover, every county jail should be training its employees to do so.

Finally, and equally troubling, the TCJS inspector determined, when reviewing documentation of face-to-face observations of inmates, that Marion County, Texas jailers were exceeding the 30-minute observation interval by as few as two minutes and by as many as 45 minutes on a routine basis. The TCJS inspector also determined that properly documented rounds were being conducted via the camera system at the control station. This is insufficient.

TCJS standards require face-to-face observations, and these may not be done through closed-circuit TV. The TCJS requires observation of inmates at least every 30 minutes in areas in which inmates are known to be assaultive, potentially suicidal, or mentally ill, or who have demonstrated bizarre behavior. Our jail death law firm has found that even the 30-minute requirement for such inmates is insufficient. It takes as little as approximately three minutes for an inmate to commit suicide through use of a ligature.

The Goliad County Jail, in Goliad, Texas, failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS conducted an inspection on December 1, 2021.

TCJS inspector determined, when reviewing documentation, that staff at the Goliad County Jail exceeded 15-minute observations of prisoners from anywhere between one minute to as many as 23 minutes. This is a serious violation, as prisoners in Texas county jails must be properly observed. The TCJS inspector cited the provision relating to observing inmates who are in restraints. It is extremely important that an inmate in restraints be properly observed. The report does not indicate whether an inmate was injured.

The TCJS inspector also determined that the Goliad County Jail had not been providing four hours of suicide prevention training twice annually as detailed in the Goliad County mental disabilities/suicide prevention operational plan. This is likewise a serious violation, as our Texas law firm handles a number of jail suicide cases. If jailers are not trained as to how to recognize a person who is suicidal, then the county must assure such training. Jailers must be trained to be able to properly do their jobs. The report does not indicate anything regarding whether a person suffered serious injury or death as a result of a suicide attempt.

The Kleberg County Jail, in Kingsville, Texas failed a recent inspection by the Texas Commission on Jail Standards (TCJS). The TCJS conducted an inspection on November 30th, 2021. Hopefully, the Kleberg County Jail will remedy its issues.

The inspector saw that the jail facility lacked an acceptable level of cleanliness and sanitation. The inspector noted that this was at least the second time that the Kleberg County Jail was warned about such issues, as these issues were noted as an area of technical assistance during the prior annual inspection. The inspector was also unable to verify whether inmates were being provided an hour of recreation at least three times a week. This is required by TCJS minimum jail standards, as well as simple human decency.

The El Paso County Sheriff’s Office, in El Paso, Texas, filed a report regarding the death of inmate Brandon Pacheco Calzada. Mr. Calzada was only 23 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 12/16/2021 CALZADA, Brandon Pacheco was booked into the El Paso Detention Facility Downtown Facility at 9:16 pm. Calzada was assigned to the 5th floor Cell 70 Left 2 for COVID quarantine. Calzada was 1 of 4 persons assigned to Left 2. Investigators while interviewing the other inmates in the cell that Calzada had made a comment that he had taken some pill and could someone wake him up for breakfast if he was still asleep. At 0448 hrs. Patrol Officers were call to the facility to recover some pills that were located and discovered in Calzada’s property after he was assigned to the 5th floor cell. Patrol Officers arrived at the facility at 0457hrs. and requested that Calzada be escorted for an interview on the 2nd floor. At 0510 hrs. Detention Officer C. Martinez arrived at 570 and called out for Calzada, he was told by another inmate that Calzada was asleep and not responding. D.O. Martinez entered the cell and discovered Calzada on top of a bunk his skin pale and he was gasping for air. D.O. Martinez requested a Supervisor and Medical staff to the floor. At 0516 hrs. Medical staff arrive and administer first aid, 0527 Ambulance personnel arrive and Calzada is transported to a local area hospital. Calzada is admitted to the hospital and placed on life support (Ventilator). Calzada remained in the hospital until 12/24/2021 @ 2158 hrs. Life support was terminated and Calzada was pronounced dead by Dr. Raul Isern. Investigation is ongoing, Autopsy results are pending.”

The report also indicates that Mr. Calzada did not make any suicidal statements and did not exhibit any mental health problems. The report does not indicate anything about periodic observations of Mr. Calzada, as required by the Texas Commission on Jail Standards.

The 14^th Amendment to the United States Constitution guarantees the right of pretrial detainees to receive reasonable medical care and mental health care. If those rights are violated, and a person is injured or dies as a result, then a lawsuit may sometimes be filed.

The La Salle County Sheriff’s Department, in Cotulla, Texas, filed a report regarding the custodial death of Roberto Jaramillo-Salazar. We provide information we obtained from that report, and we make no allegation of any wrongdoing regarding his death. The summary portion of the reports reads in its entirety:

“On December 10, 2021, I, Sergeant Investigator Esmeralda Gonzalez with the La Salle County Sheriff’s Office responded to the La Salle County Regional Detention Center located at 832 E. Hwy 44 in Encinal, Texas 78019 in reference to an unresponsive male. I arrived and met with La Salle County Fire Rescue personnel and Justice of the Peace, Roxanna Rodriguez. JP Rodriguez pronounced Roberto Jaramillo-Salazar (DOB: XX/XX/1955) deceased at 10:20AM. After conducting multiple interviews, I learned that Roberto had been transferred to this facility on December 6, 2021 at 7:34PM having listed that he had been prescribed medication for the treatment of high blood pressure.

Jailer Hinojosa shared that on the morning of December 10, 2021, he had been assigned to Dorm P and that he had received directives to move detainees that were housed in Dorm D to Dorm P. Jailer Hinojosa shared that Roberto was one of the detainees that he was to move to Dorm P. Jailer Hinojosa continued and stated that as he moved them into Dorm P and had then instructed them to their designated bunks, he left the cell onto the outside area of the cell called the vestible area. Jailer Hinojosa stated that not too long after, as he was writing down the movement onto his activity log, he then heard a loud, clap sound noise and that detainees were then attempting to obtain his attention. Jailer Hinojosa stated that as he looked inside of the cell through the window, he was able to see a subject’s legs and feet of a detainee that appeared to have been laying face up. Jailer Hinojosa continued and described that he saw detainee Roberto laying face up, his arms folded up with his hands in a semi clenched position. Jailer Hinojosa then explained that he called assistance through the radio and attempted to lay Roberto on his side. Jailer Hinojosa stated that medical personnel arrived and transferred Roberto to the medical room in the facility.

Interviews with multiple detainees described Roberto as he was waiting to claim his bunk as he stood by as another detainee was clearing the area. The detainees described that Roberto bent over to reach for his items from the floor and did not get to pick up his things when he then fell in a backward motion. Detainees described hearing a loud noise as his head hit the floor and that Roberto’s eyes were rolled back and became unresponsive. Detainees then shared that they then contacted the jailer for help.”

Prisoners in Texas jails have the constitutional right to receive reasonable medical care, including administration of prescriptions. If that right is violated in any situation, and someone dies as a result, then certain family members might be able to file a lawsuit.

Chico Jesus Diaz, age 29, was en route to Dallas County Jail on May 9, 2021, when he became unconscious. Mr. Diaz was transported to a hospital in, Dallas, Texas, where he died within a couple of hours. The custodial death report reflects both that he had been in handcuffs while in custody and that he died of the toxic effects of methamphetamine.

The custodial death report of a particular man who died as a result of a Texas police shooting provides an example of purportedly inadequate reporting. According to the aforementioned investigation, the police department that filed the custodial death report on the 20-year-old male made vague claims that allegedly did not do a good job of relating the facts.

For instance, the gun that the deceased was waving in the air turned out to be a BB gun. The report says that the suspect in the case – the deceased – was armed with a handgun, which he pointed first at himself and then toward officers. One of the police officers fired multiple shots. The young man suffered multiple gunshot wounds, which resulted in his death.

The investigation that was done points out that reporting law enforcement agencies have discretion about what to include when summarizing narratives of events resulting in custodial deaths. There is nothing in the law that specifies what must be included in that portion of the report. In addition, there are no length requirements. In other words, a single sentence could be used to sum up what happened.

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

This website never has any intention of suggesting that any individual or entity has engaged in wrongdoing. Posts on this site are added for the purpose of helping current and former prisoners detained in county jails in Texas. 

–Guest Contributor

Twenty-nine-year-old Chico Jesus Diaz was in the pre-booking process with the Dallas Police Department on May 9, 2021, when he passed out. Officers transported Mr. Diaz to a Dallas, Texas, hospital, where he was pronounced dead less than 3 hours after being taken into police custody.

In the 1980s, Democratic state representative from San Antonio Walter Martinez was the catalyst for change, as far as reporting on custodial deaths in Texas. He sponsored a bill-turned-law that requires death reports to be submitted by jails and other law enforcement agencies in the state. Details of the related incident and cause of death must be included in these reports. As mentioned previously in this series, the reports are submitted to the Attorney General of Texas. 

There is no question about the fact that things are better than they used to be, as far as accountability associated with the reporting of custodial deaths. Unfortunately, problems are still lingering. According to an investigation by a newspaper, hundreds of custodial death reports have been filed late. Many hundreds have been left incomplete for more than a year. In many of those reports, results from the medical examiner were missing. In most instances, no enforcement has been applied with regard to these matters. 

Learn more in Part 1 and this continuing series. In the final segment, which is to follow, learn specifics regarding a custodial death in which data was not handled as required. 

There is no intention on this website of implicating persons or organizations in wrongdoing. Assisting prisoners detained in county jails in Texas is the purpose for posts on this site.

–Guest Contributor

Chico Jesus Diaz was in the pre-booking process in Dallas, Texas, when he died on May 9th, 2021. The Dallas Police Department filed the custodial death report indicating that the cause of death was the toxic effects of methamphetamine. Mr. Diaz was 29 years old at the time of his death. 

A watchdog group in Texas tracks such incidents as the following: 

• Any shooting of or by an on- or off-duty Texas police officer resulting in an injury;
• Any fatal shooting of or by an on- or off-duty Texas police officer; and
• Any death of a person while in a penal facility, in the custody of a police officer, or as a result of a police officer’s use of force in a jail, detention center, or state juvenile facility.

Whenever there is a death at a government agency, a death report on the incident must be filed with the Texas Office of the Attorney General (OAG) within 30 days.

Reporting of in-custody deaths has been required for decades but a change occurred in 2005. At that time, the state streamlined the reporting. Another significant change occurred in 2016 when custodial death reports became publicly available in a searchable online catalog.

The watchdog group claims that the Texas criminal justice system reported all deaths to a federal statistics bureau but only some of those deaths were reported to the OAG until January 2013. In a database with all custodial deaths recorded in Texas, research was done to locate the deaths filed with the federal bureau but not with the OAG  between 2005 and 2013.

Learn more in this continuing series. 

There is no intention on this website of implicating persons or organizations in wrongdoing. Assisting prisoners detained in county jails in Texas is the purpose for posts on this site.

–Guest Contributor

In Roanoke, Texas, officers with the Roanoke Police Department restrained John Allen Ellingwood with double-locked handcuffs and took him to the jail. Before he was booked into the facility, Mr. Ellingwood had a medical crisis and was, instead, released from custody and transported to a nearby hospital. Soon after, he died at the age of 46 on November 14, 2020. 

Sandra Bland’s story is also included in the article that this series has alluded to. Her high-profile encounter with a police officer in Waller County, Texas, led to her arrest. Witnesses say that throughout her time of incarceration in the jail, she cried. Sometimes her sobs made it difficult for the guards to understand what she was saying. Ms. Bland was not placed on suicide watch, nor was she subjected to increased monitoring. This was in spite of her obvious depression and the report that she had tried committing suicide the year prior.

Ms. Bland was placed in a cell by herself because of alleged aggression against the police officer that arrested her. Guards acknowledged that she did not seem to be eating, and she also made several phone calls that caused her great frustration. To make bail, she needed just over $500 but couldn’t pay. Two hours before she was found hanging in her cell, jail staff members denied Ms. Bland’s request to make more phone calls.

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

Implying that persons or entities have engaged in wrongdoing is never intended on this website. The purpose of this site’s posts is to provide helpful resources to inmates now or previously detained in a Texas county jail.

–Guest Contributor