Category: Medical Care

On June 7, 2021, Armando Wayne Rubio became an inmate of Jones County Jail in Anson, Texas. He was escorted to Medical on August 2, 2021, after a jailer asked how he was doing and the 40-year-old said he didn’t feel well. Medical personnel at the jail had Mr. Rubio transferred to a nearby hospital, where he died predawn on August 3, 2021.

Although most complaints are related to medical care for inmates, the Texas Commission on Jail Standards (TCJS) provides health directives in the minimum jail standards for the state’s county jails. For instance, TCJS approves the use of restraints, including restraint chairs. There are, however, set guidelines for using restraints, and health is a primary consideration. See more below.

RULE §273.6 – Restraints

RULE §273.6 is found in the chapter regarding Health Services, and details for providing medical care are related to restraints, as follows:

• A prisoners’ medical condition must be ascertained by an appropriate member of the jail staff before restraints are applied.
• Any restraint that is used on an inmate must not worsen any physical infirmities he or she may have.
• Circulation to an inmate’s extremities could be cut off by restraints. Face-to-face checks of inmates in restraints are required every 15 minutes at most and checking for circulation issues must be part of the process.
• After two hours in restraints, maximum, an inmate must be provided with medical care that includes taking vital signs, allowing for exercise of the extremities, and using toilet facilities.

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

Providing help for prisoners in Texas county jails is the purpose of this website’s posts. It is never intended to infer misdeeds on individuals or institutions.

–Guest Contributor

Armando Wayne Rubio had a history of asthma problems when he was incarcerated at Jones County Jail on June 7, 2021. A jailer inquired about Mr. Rubio’s health on August 2, 2021, and he said he wasn’t feeling well. He was transported to a hospital after receiving medical attention at the jail, and he died on August 3, 2021.

HB 1307

A new law takes effect in Texas jails on September 1, 2021, and it affects pregnant inmates. Lack of adequate medical care for women who are pregnant became the target of a recent study, and the results led to this new legislation. The new requirement addresses the care a pregnant woman behind bars is given if she has had a miscarriage or was sexually or otherwise physically assaulted.

The Texas Commission on Jail Standards (TCJS) requires that women in these circumstances are provided with medical care, and a gynecologist or obstetrician, as well as a mental health professional, must promptly be made aware of the health care services the woman has received. It will be determined by these professionals whether the woman who has had a miscarriage or been assaulted must be provided with gynecological and obstetrical services without delay.

General medical care inadequacies aren’t often detected during jail inspections, but there are some instances in which noncompliance with minimum jail standards is related to health care issues.

See Part 1 and learn more in this continuing series.

Assisting inmates in county jails in Texas is the purpose of posts on this website. There is never an intention to imply that persons or institutions have been involved in misdeeds.

–Guest Contributor

The Denton County Sheriff’s Office, in Denton, Texas, filed a report with the Attorney General of Texas regarding the death of Brandon Alexander Dominguez. Mr. Dominguez 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 August 17, 2021, Inmate Dominguez went into medical distress and became unresponsive. Denton County Health Department medical personnel responded. Inmate Dominguez appeared to be in cardiac arrest and life-saving measures were initiated. Denton Fire Department EMS was notified, responded and continued life-saving measures. Inmate Dominguez was transported to Medical City Denton (hospital facility) where a pulse was detected and life-saving measures were continued. While at the hospital facility, Inmate Dominguez tested positive for Covid-19 and also diagnosed with possible Diabetic Ketoacidosis. Inmate Dominguez was subsequently was placed on life support. Inmate Dominguez’s family was notified of his health status. Inmate Dominguez was released from custody on August 17, 2021 at 12:55PM on a $2,500 Personal Recognizance bond ordered by District Judge Sherry Shipman. On August 18, 2021, the family of Inmate Dominguez terminated life-saving measures and Inmate Dominguez subsequently died on August 18, 2021 at 07:53PM.”

The report also indicates that Mr. Dominguez exhibited mental health problems. The report does not indicate anything about whether Mr. Dominguez was receiving insulin and/or other medication for treatment of diabetes. Diabetic ketoacidosis is a serious complication that can be life threatening. It is most common with people who have Type 1 diabetes, but people with Type 2 diabetes can also develop diabetic ketoacidosis. The malady develops when a person’s body does not have enough insulin to allow blood sugar into a person’s cells. Unfortunately, other people have died in county jails as a result of diabetic ketoacidosis.

The 14^th Amendment to the United States Constitution requires Texas county jailers to provide medical care to pre-trial detainees. If jailers are deliberately indifferent to a person’s medical needs, and the person dies as a result, then Texas and federal law provide that certain family members may be able to bring claims in a lawsuit. Such claims include wrongful death claims and/or survival claims. Cities and counties can also be liable for the death of an inmate if their policies, practices, and/or customs resulted in the death.

Forty-year-old Armando Wayne Rubio was booked into Jones County Jail on June 7, 2021, and his history of asthma and the need for an inhaler was presumably known among members of the jail staff. One of the jailers asked Mr. Rubio on August 2, 2021, about his health and ascertained that he wasn’t feeling well. Although Mr. Rubio was given medical aid and transferred to a hospital, he died the next day.

The Texas Commission on Jail Standards (TCJS) has established minimum jail standards by which county jails must operate. Provisions for inmate medical care are included in the requirements for Texas county jails. According to TCJS, however, there are always more complaints about medical care in the jails than any other topic.

A watchdog group has published stories about pregnant inmates in Texas county jails and alleged lack of medical care. When investigating this specific issue over a course of five months, a common notion about pregnant women was detected, and that notion was associated with many stillbirths, miscarriages, and deaths.

Governor Greg Abbott recently signed a new bill into law that pertains to pregnant women held in county or state custody. The bill was written on the principle that access to needed medical care is vital for pregnant women, particularly if they have been assaulted or experienced a miscarriage.

Learn more in this continuing series.

This website seeks to assist prisoners now or previously incarcerated in Texas county jails. There is no intention on this site to make suggestions regarding wrongs that individuals or entities may have been engaged in.

–Guest Contributor

Catarino Humberto Rodriguez-Borjon has been recognized as a person who died a custodial death while an inmate of Midland County Jail in Midland, Texas. After hitting his head on a concrete structure, he became unconscious and died 15 days later at 51 years of age. March 7, 2021, was the date of his death.

Inmates in Texas county jails can be placed in restraints approved by the Texas Commission on Jail Standards (TCJS) when they become a threat to the safety of themselves or others. Restraint chairs are among the types of restraints approved by TCJS. There are rules for all aspects of interacting with inmates, and if the guidelines for using a restraint chair are not followed, inmates could potentially suffer a serious health issue, based on the manufacturer’s information.

The following are typical manufacturers’ warnings on restraint chairs, and they indicate that there are potential hazards associated with using these restraint devices.

Examples of Restraint Chair Manufacturer Warnings

• Be careful to ensure that the circulation to an individual’s extremities is not cut off.
• Prevent injury by removing leg arms and handcuffs as soon as possible.
• A person could be seriously injured or killed if the individual who places them in a restraint chair has not read and understood the manufacturer’s instructions.
• A restraint chair must never be used for punishment.

Learn more in Part 1 and Part 2 of this three-part series.

The posts on this website are added for the purpose of helping county jail inmates in Texas, whether previously or currently incarcerated. There is never an intention on this site to suggest that people or organizations have been involved in wrongdoing.

–Guest Contributor

The Coryell County Sheriff’s Department, in Gatesville, Texas, filed a custodial death report with the State of Texas regarding the death of Castlee Noble. Mr. Noble was 55 years old at the time of his death. We make no allegation of any wrongdoing against anyone regarding Mr. Noble’s death but are instead simply providing information.

The summary portion of the report reads in its entirety:

“On 08-24-2021, Inmate Noble, Castlee was moved to the detox cell for close medical observation. Inmate Noble had been refusing all of his medications for several days prior to his death. Medical had made the call to place Inmate Noble on medical observation for his well-being. Inmate Noble took his prescribed medication in the afternoon of 08-24-2021, the morning of, and the afternoon of 08-25-2021. At approximately 1812 hours, Inmate Noble was seated on the floor next to the toilet and fell asleep. During one of the checks, two jailers made entry into the cell and observed Inmate Noble sleeping. The observation continued until 0306 hours on 08-26-2021 when two jailers made entry into the cell and observed Inmate Noble to be unresponsive. At this time, Inmate Noble was laid on his back by the jailers and life saving measures (chest compressions) began. At approximately 0309 hours, Emergency Medical Services (EMS) was notified. EMS arrived on scene at the jail at approximately 0323 hours. EMS personnel continued life saving measures with no success. At 0400 hours, Justice of The Peace J. Caldwell pronounced Inmate Noble, Castlee deceased. Justice of The Peace J. Caldwell ordered an autopsy to be performed for a cause of death. Texas Ranger Adam Russell was notified of the custodial death at 0434 hours. Ranger Russell arrived to the scene at 0605 hours to begin his investigation into the custodial death of Inmate Noble, Castlee. Once the scene was processed, Ranger Russell authorized the release of the body to the funeral home. Scott’s Funeral Home arrived and took custody of the deceased at 0712 hours.”

The report also indicates that Mr. Noble exhibited mental health problems. The report does not elaborate on the nature or extent of those problems. One wonders whether his purported refusal of medication related to any mental health issues.

The report also indicates that Mr. Noble was originally incarcerated on June 23, 2021. The report does not provide any information regarding any mental health treatment Mr. Noble may have received over the roughly two-month period before his death.

The United States Constitution guarantees the right of pre-trial detainees in Texas jails to receive reasonable mental health care, as well as reasonable medical care. If jails or a jailer refuse to provide such care, and a person dies as a result, then the county in which the jail is located and the jailers could be liable in a federal lawsuit. However, once again, we are not making any allegation of any wrongdoing with regard to Mr. Noble’s death.

Our Texas civil rights law firm has another case pending against Coryell County. It arises out of the death of Kelli Page. The case is currently on appeal, and we are awaiting a decision from the Fifth Circuit Court of Appeals in New Orleans.

The Jones County Sheriff’s Department, in Anson, Texas, filed a report with the State of Texas regarding the death of Armando Wayne Rubio. Mr. Rubio was only 40 years old at the time of his death. We provide information in this post we obtained from that report.

The summary portion of the report reads in its entirety:

“On August 2, 2021 at 23:04 jail staff was conducting a walk-through of the cell areas when inmate Rubio was asked by a jailer if he was feeling well. Inmate Rubio stated that he did not feel well. Inmate Rubio does have a medical history of Asthma and also uses an inhaler. When completing the cell walk-through, the jailer escorted inmate Rubio to Medical where they checked his oxygen levels. Inmate Rubio was given a breathing treatment and the jailer called the on call RN. The on call nurse stated to take inmate Rubio to the emergency room for evaluation. At approximately 23:59, inmate Rubio was transported by a jailer on duty to Anson General Hospital. Upon arrival, inmate Rubio stated to hospital staff that he could not catch his breath. He was then placed in a room and given oxygen. Hospital staff then gave inmate Rubio several injections. At 00:25, inmate Rubio collapsed on the hospital room floor and CPR was administered. Hospital Emergency Room Doctor pronounced inmate Rubio deceased at 01:04 am on August 3, 2021. Jones County Justice of the Peace pronounced inmate Rubio deceased at 01:50 am on August 3, 2021.”

The report also indicates that Mr. Rubio was initially in custody on June 7, 2021. Therefore, presumably, Mr. Rubio had received treatment in the jail before August 2nd. Texas jail inmates are entitled, pursuant to the United States Constitution, to receive reasonable medical care. If an inmate does not receive reasonable medical care, and jailers are deliberately indifferent to that inmate’s medical needs, and the inmate dies as a result, then certain surviving family members may have claims to be brought in a lawsuit.

While Catarino Humberto Rodriguez-Borjon was incarcerated in Midland, Texas, at Midland County Jail, he suffered a head injury. He was transported to a nearby hospital but, tragically, died on March 7, 2021.

Continuing this series, the following are more of the minimum jail standards regarding disciplinary actions that can be taken in Texas county jails. Texas Commission on Jail Standards establishes these operational standards.

CHAPTER 283- DISCIPLINE AND GRIEVANCES; RULE §283.1 – Inmate Discipline Plan Continued

Jails have due process requirements for taking disciplinary action. TCJS requires provisions to be made for the following actions:

• A disciplinary hearing before an impartial and neutral board or officer, but it cannot include anyone who is involved in the claimed charges or violation.
• In a facility of 50 capacity or less, one person may be on the disciplinary board. With regard to minor infractions, disciplinary hearings may be conducted by a disciplinary officer.
• The disclosure of evidence against an inmate charged with a violation, although protection to confidential informants may be invoked.
• An inmate shall have an opportunity to be heard in person and to present documentary defensive evidence when not unduly dangerous to correctional goals and institutional safety.
• An inmate should be permitted to seek the help of another inmate if the inmate is illiterate and in the event the issue is complex, and it is unlikely that the inmate would be able to collect and present evidence necessary for adequate comprehension of the case. If this is not allowed, substitute aid from the staff or an inmate designated by the staff shall be provided.

Learn more in Part 1 and this ongoing series.

This post is intended as a source of help for inmates in Texas county jails. On this website, there is no intention to imply that institutions or persons have engaged in wrongs.

–Guest Contributor

51-year-old Catarino Humberto Rodriguez-Borjon was incarcerated at Midland County Jail in Midland, Texas, when he had an encounter with jail officers on February 20, 2021. Mr. Rodriguez-Borjon was allegedly shoved and ended up losing his balance and striking his head against a concrete bench as he fell. He was taken to a nearby hospital, where he died on March 7, 2021, having never regained consciousness.

The Texas Commission on Jail Standards sets minimum jail standards for county jails in Texas, and the guidelines for operation include disciplinary policies and procedures for inmates. Inmate discipline is divided into minor infractions and major infractions.

The types of sanctions for each type of infraction are limited to the options outlined in the Texas Administrative Code. Details about major infractions follow.

TITLE 37 – PUBLIC SAFETY AND CORRECTIONS; PART 9 – TEXAS COMMISSION ON JAIL STANDARDS; CHAPTER 283 – DISCIPLINE AND GRIEVANCES; RULE §283.1 – Inmate Discipline Plan

Major infractions are violations of rules and regulations that are serious offenses against persons and property and seriously threaten institutional safety and order. The following are the only types of punitive actions that can be taken against an inmate that has committed a major infraction:

• Removed from work programs or details
• Privileges are lost for 30 days maximum
• Any good conduct credits are lost
• Pay restitution for causing jail property damage
• Placed in disciplinary separation for 30 days maximum

Learn more in this ongoing series.

This post is intended as a source of help for inmates in Texas county jails. On this website, there is no intention to imply that institutions or persons have engaged in wrongs.

–Guest Contributor

The El Paso County Sheriff’s Department, in El Paso, Texas, filed a report with the State of Texas regarding the death of Fernando Serna Candelas. Mr. Candelas was only 21 years old at the time of his death. We provide in this post information we obtained from that report.

The summary portion of the report reads in its entirety:

“On 06-30-21 at approximately 0410 hrs. officers received an emergency call via intercom from an unknown inmate in cell block 790 stating that there was an inmate that did not look well. Officers responded to the cell block and observed inmate Candelas A.K.A. OLIVAS, Fernando laying on the top bunk with vomit coming out of his mouth. Officers activated medical services and proceeded to remove the inmate from the top bunk and placed him on the floor. C.P.R. was started on the inmate. 0413 hrs. Medical staff arrived and continued C.P.R. an A.E.D. was deployed with negative results. 0427 hrs. E.M.S. arrived and took over the scene and continued C.P.R. At approximately 0433 E.M.S. left the floor with inmate to a local area hospital(Las Palmas). At approximately 0509 Candelas was pronounced dead at the Hospital.”

The report also indicates that Mr. Candelas allegedly did not make any suicidal statements, did not exhibit any mental health problems, did not receive any medical treatment, and did not exhibit any medical problems. The report does not provide when Mr. Candelas was originally incarcerated, whether he had been observed, and anything regarding information obtained by the jail at the time of intake.

Inmates in Texas jails are entitled to receive reasonable medical care and be protected from themselves and others. These guarantees arise under the United States Constitution. If a person’s constitutional rights are violated, and that person dies in a jail, then certain surviving family members may have claims related to that death.