Category: Medical Care

Bobbie Jo Thompson, age 53, entered Harris County Jail in Houston, Texas, on February 3, 2021. She died of illness/natural causes, according to the Custodial Death Report. Ms. Thompson had been moved to St. Joseph Hospital, where her death was pronounced by a medical provider on July 20, 2021.

The Texas Commission on Jail Standards (TCJS) sets the standards by which county jails in Texas must operate. Enforcement is primarily achieved through annual jail inspections and following up when a jail is found to be non-compliant on one or more rules in the Texas Administrative Code.

The following are some details on non-compliance in a jail inspection report dated June 14-15, 2021.

RULE §259.138 – Holding Cells

A TCJS inspector cited Section 258.138 (a) in a jail inspection report for a county jail in Texas. This rule states, first, that a holding cell must be provided to detain inmates pending identification, court appearance, booking, a housing assignment, discharge, or for other reasons requiring temporary housing. Secondly, the rule says that 48 hours is the maximum amount of time in which an inmate can be held in a holding cell.

• The TCJS inspector reported that several inmates were held for longer than 48 hours in a holding cell on the dates of inspection.

In this continuing series, learn about the requirements for holding cells and possible indications why they are not appropriate for holding inmates longer than 48 hours.

There is no intention on this website to make implications of wrongdoing on the part of persons or institutions. The purpose of all posts on this site is to help inmates currently or previously detained in Texas county jails.

–Guest Contributor

In the custody of Nueces County Jail in Corpus Christi, Texas, 31-year-old Felipe Viviano Garcia died on August 2, 2021. He hadn’t even gone through the county jail’s booking process before suffering a medical emergency and being pronounced dead. The cause of death is pending autopsy results.

The Texas Commission on Jail Standards (TCJS) provides guidelines for using restraints under “Chapter 273-Health Services” in the Texas Administrative Code. It is implied that all the restraint systems that have been approved by TCJS are included in the instructions. One particular rule follows.  It is the one regarding the length of time a person can be in a restraint system, and it indicates timing that goes against the manufacturer’s recommendations for restraint chairs.

RULE §273.6 (10) – Restraints

At the earliest possible time that an inmate is no longer exhibiting behavior that necessitates the use of a restraint system, restraints must be removed. An inmate must never be kept in restraints longer than 24 hours.

Manufacturer’s Warning for Restraint Chairs

According to manufacturer’s instructions regarding restraint chairs, detainees must not be kept in the device for more than two hours. Under the direct medical supervision of a doctor or nurse, the two-hour time limit can be extended if the inmate has not sufficiently calmed down or sobered up enough to no longer threaten anyone’s safety. Ten hours total is the maximum amount of time a detainee should ever be kept in a restraint chair.

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

It is not intended on this site to infer that persons or institutions have been engaged in wrongdoing. The posts on this website are intended as potentially helpful resources to benefit inmates in county jails in Texas.

–Guest Contributor

Clarifying earlier information, at about 2:14 am on August 2, 2021, 31-year-old Felipe Viviano Garcia was booked into the City Detention Center in San Antonio, Texas. He was moved to county custody in Nueces County Jail but suffered a medical emergency in the county jail’s sally port area. Mr. Garcia died at 6:06 am on August 2, 2021.

Continuing from Part 1 of this ongoing series, the following is one person’s allegations about his experience in a restraint chair in a county jail outside Texas. Additional information is further below.

Allegedly in a Restraint Chair for 5 Days

At the age of 41, a man says that he became agitated while he was a county jail inmate. Jail staff, as a result, cuffed him by his ankles and wrists to a restraint chair. He says that a blanket was placed over his head and he was force-fed. He was allegedly not permitted to use the bathroom and, therefore, urinated and defecated on himself. The man says that he was kept in the restraint chair for five days before being released.

Imminent Threats of Restraint Chairs

Experts on restraint chairs have warned of the potential dangers of restraint chairs, including the possibility of death. Placing a person in a restraint chair when they are extremely intoxicated can result in an overdose death. Being forced into the same position for extended periods can cause blood clots.

According to a watchdog group’s extensive research, 20 jail deaths in the U.S. within a recent six-year period were linked to the use of restraint chairs.

There is never an intention on this website to make an implication that an individual or entity participated in misdeeds. Helping county jail prisoners in Texas is the purpose of posts on this website, whether the inmates are current or former detainees.

–Guest Contributor

Our Texas civil rights law firm typically handles cases in which people unfortunately die or suffer serious injury as a result of suicide, denial of medical care, and/or denial of mental health care in Texas county jails, Texas city and town jails, and other facilities that are not operated by the State of Texas and/or the Texas Department of Criminal Justice. Our firm will however consider cases in which inmates die or suffer serious or catastrophic injury in a facility that is related to the Texas Department of Criminal Justice but which is not run by the Texas Department of Criminal Justice and/or the State of Texas.

There are a number of reasons why our firm does not review the other types of cases. However, qualified immunity has become a significant problem in litigating cases against jailers, police officers, and others involved in jails and law enforcement. Our law firm litigated a case to the Fifth Circuit Court of Appeals and obtained a result whereby the appellate court determined that individuals working for large for-profit corporations, and who seriously injure and/or exhibit deliberate indifference resulting in the death of an inmate, cannot claim qualified immunity as a defense.

Therefore, we will consider cases against entities running correctional centers, Texas State jail facilities, multi-use facilities, and residential re-entry centers in Texas, but only if those facilities are managed by private companies and not by the Texas Department of Criminal Justice and/or the State of Texas.

Such facilities change over time. However, it is our understanding as of the date of this blog post that the following correctional centers in Texas are run by private contractors:

Further, as of the date of this blog post, it is our understanding the following State jails are run by private contractors:

We also understand that the following multi-use facility is run by a private contractor:

Finally, as of the date of this blog post, we understand that the following residential re-entry centers are run by private contractors:

We do not make any allegation that any of the facilities listed above, or any of the companies which run them, have acted inappropriately, are subject to liability for any specific incidents, and/or do not otherwise perform their duties well. The purpose of this post is to simply provide information in the event a person suffers serious injury or death and is attempting to locate information regarding a specific facility.

If a person has a complaint about such a private facility, the Texas Department of Criminal Justice has a Private Facility Contract Monitoring/ Oversight Division. The office is in Huntsville, and has the following contact information:

Texas Department of Criminal Justice
Private Facility Contract Monitoring/Oversight Division
Two Financial Plaza, Suite 300
Huntsville, TX 77340
Phone: (936) 437-2811

Pre-trial detainees in Texas receive protection pursuant to the 14^th Amendment, while those who have been convicted receive protection pursuant to the 8^th Amendment. That protection includes the right to receive reasonable medical care and reasonable mental health care, and to be protected from self-harm tendencies. Not making any comment about entities above, if an inmate is seriously injured or dies as a result of deliberate indifference and/or objective unreasonableness of individuals, and/or policies, practices, and/or customs of certain facilities, then liability may arise. If a person dies as a result, then potentially certain surviving family members may be able to bring claims in a lawsuit.

At age 31, Felipe Viviano Garcia entered Nueces County Jail on August 2, 2021, and died within four hours. The custodial death report indicates that Mr. Garcia created a struggle by exhibiting resistive behavior. His death occurred after he was placed in an ambulance and was en route to a nearby hospital.

If inmates in Texas county jails exhibit behavior that could hurt themselves or others, the jail staff is permitted to use a restraint system to detain the inmate. Various restraint devices have been approved by the Texas Commission on Jail Standards (TCJS). The guidelines for restraints specify that the restraint used must be the least restrictive while still getting the inmate under control. The choice of restraint devices must be documented with an explanation of the reason for going with that option.

Restraint Chairs

TCJS has approved the use of restraint chairs in county jails in Texas. This is the most restrictive type of restraint device. When a person is strapped into a restraint chair, their wrists and ankles are immobilized. There are also straps around the chest and lap areas.

According to an investigative report on deaths associated with restraint chairs in a state outside of Texas, jailers often strap in inmates who are either severely intoxicated or experiencing a mental health crisis.

In this ongoing series, learn about allegations of wrongdoing with regard to the use of restraint chairs made by inmates outside of Texas who will remain anonymous.

There is no intention on this website to suggest that individuals or entities have participated in improprieties. Each post is added for the purpose of helping Texas inmates who are now or were previously incarcerated in a county jail.

–Guest Contributor

The Tarrant County Sheriff’s Department, in Fort Worth, Texas, filed a custodial death report regarding the death of Georgia Kay Baldwin. Ms. Baldwin was 52 years old at the time of her death. We provide information we obtained from that report, and we make no allegation of any wrongdoing against anyone regarding Ms. Baldwin’s death.

The summary portion of the report reads in its entirety:

“Baldwin was housed in single cell 71A28 of the Lon Evans Correction Center (LECC) of the Tarrant County Jail. Baldwin had been in custody for an Arlington PD charge of Terroristic Threat to Peace Officer or Judge since April 27, 2021 at 1:20 PM. On September 14, 2021 at 10:09 AM, a medical code was called for Baldwin when she was found unresponsive in her cell. EMS/Fire was called to give aid along with JPSH medical staff assigned to the jails. Baldwin was transported by Medstar Ambulance Service to John Peter Smith Hospital (JPSH) at 10:57 AM. Dr. Ho Wang pronounced Baldwin deceased at 11:09 AM at JPSH. Detective J. Brown and Crime Scene Investigator L. Clancy responded to investigate. Texas Ranger Dendy, Company B, was notified and responded to investigate.”

Therefore, the summary does not provide any information about how often Ms. Baldwin was observed, what medical conditions were known before she had the medical episode described, and what if any medical treatment she had been receiving. The report does indicate that Ms. Baldwin had exhibited mental health problems.

People in Texas county jails, who have been convicted of nothing, have rights pursuant to the United States Constitution. Those rights include the right to reasonable medical care, reasonable mental health care, and to be protected from self-harm tendencies. If a person’s rights are violated, and the person unfortunately passes away as a result, then certain surviving family members may have claims related to the death. These claims are brought pursuant to a federal statute, and they are usually filed in federal court by a civil rights attorney.

In San Antonio, Texas, on July 17, 2021, 26-year-old Julius Ronnie Price died in the custody of Bexar County Jail. According to the Custodial Death Report, the jail was unaware of any pre-existing medical condition Mr. Price suffered from. Also from the report, it appears that his medical issue began on the same day he died.

Potential Dangers of Restraint Chairs

Studies show that when a person is placed in a restraint chair after some type of physical trauma, such as their struggle against being strapped into the device, health risks are increased. Potentially fatal blood clots or a pulmonary embolism can occur. The following are among the indications of the potential danger that have been stressed in restraint chair manufacturers’ instructions:

• If the person who places another individual in a restraint chair has not read or does not understand the manufacturer’s instructions, death or serious injury can occur.
• To prevent injury, leg irons and handcuffs must be removed as quickly as possible.
• To ensure adequate blood flow, straps and belts may need to be loosened.
• The maximum amount of time a person should remain in a restraint chair is two hours. Manufacturers allow for up to ten hours under certain conditions.
• Caution: Violent behavior could mask threatening medical conditions. Continuous monitoring of detainees is essential.

Learn more in Part 1 and Part 2 of this series.

It is not intended on this website to denote that persons or institutions have been participants in misdeeds. Posts are added for the express purpose of assisting inmates in Texas now or previously housed in a county jail in the state.

–Guest Contributor

In San Antonio, Texas, on July 17, 2021, 26-year-old Julius Ronnie Price died in the custody of Bexar County Jail. According to the Custodial Death Report, the jail was unaware of any pre-existing medical condition Mr. Price suffered from. It also appears that his medical issue began on the same day he died.

HB 2901

Continuing from Part 1 of this series, HB 2901 is a law that went into effect on September 1, 2021. The purpose of the bill was to address evidence of widespread non-compliance regarding properly submitting a custodial death report as required. The crux of the law is that, with some exceptions, liability of $1,000 will be assessed for every day the custodial death report is late.

Texas county jails operate according to the guidelines set out by the Texas Commission on Jail Standards (TCJS). Accountability is achieved primarily through annual jail inspections. Non-compliance with standards is sometimes related to occasions in which inmates are not provided with the medical care they need when they are being held in restraints.

Restraint Chairs

Restraint chairs are among the approved types of restraint that can be used in county jails on occasions when inmates are behaving in a manner that endangers themselves or others. According to the manufacturers of restraint chairs, there are risks and potential dangers associated with using the restrictive device.

Learn more in this continuing series.

It is not intended on this website to denote that persons or institutions have been participants in misdeeds. Posts are added for the express purpose of assisting inmates in Texas now or previously housed in a county jail in the state.

–Guest Contributor

The Lubbock County Sheriff’s Office, in Texas, recently filed a report regarding the death of Tony Martinez. Mr. Martinez was only 28 years old at the time he died. 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 19, 2021, at 18:37 hrs, an officer was conducting a jail security check of a separation cell and observed inmate Tony Martinez to be unresponsive on the floor with a ligature around his neck. Lifesaving measures were initiated and Emergency Medical Services responded. EMS transported inmate Martinez to the hospital where he was pronounced deceased at 19:39 hrs. the Lubbock Metropolitan Special Crimes Unit was notified and responded to conduct the investigation.”

The report also indicates that Mr. Martinez exhibited mental health problems, but allegedly did not make any suicidal statements. The report provides nothing about the code of charges regarding Mr. Martinez.

Moreover, while the report indicates that Mr. Martinez was in a separation cell, it does not indicate anything about whether Mr. Martinez was on suicide watch, watched at some specific periodic interval, and/or received any mental healthcare.

The United States Constitution requires Texas county jails to protect inmates from suicidal tendencies. This protection arises under the 14^th Amendment, for pre-trial detainees. Thus, if Mr. Martinez, by way of example, was known to be suicidal, and a continuous watch was not enacted, liability could arise under the Constitution.

With or without regard to Mr. Martinez, when a person’s constitutional rights are violated, and the person dies as a result, claims may arise. Such claims may be brought by certain surviving family members, and they are usually filed by Texas civil rights attorneys in federal court.

Julius Ronnie Price was 26 years old when he died in the custody of Bexar County Jail in San Antonio, Texas. The Custodial Death Report shows that on the day he died he complained of pain and being unable to move or relieve himself. His cause of death is pending autopsy results.

A matter involving Texas county jails that have been the focus of legislation is the issue of reporting custodial deaths. HB 2901 was authored by an Austin State Representative. He proposed a $1,000-per day fine for failing to properly submit a custodial death report. The reports must be submitted to the Office of Attorney General with all known facts. Further discovery in the investigation can be added in updates of the report.

The catalyst for introducing the bill was that, allegedly, the enforcement mechanism that existed at the time was never used, was not effective, and needed change.

The proper time frame for filing a custodial death report is within 30 days of a death in custody. An investigation revealed that, from 2015 through 2020, 372 reports in the state were filed later than the required 30 days. The data includes state prisons as well as Texas County Jails.

HB 2901 has now been enacted as of September 21, 2021. Learn more about the final wording of the bill in this continuing series.

There is no intention on this website to make an implication of wrongdoing on the part of persons or entities. Each of the posts provided is intended as a resource to be of potential help to inmates now or at a previous time incarcerated in a county jail in Texas.

–Guest Contributor