Category: Medical Care

The Nueces County jail, in Corpus Christi, Texas, failed a Texas Commission on Jail Standards (“TCJS”) inspection in June 2021. The Nueces County jail is now listed as being non-compliant by the TCJS.

The TCJS inspector determined that several inmates were being held in holding cells for more than 48 hours. Also, inmates housed in a certain pod were not provided access to a day room for at least an hour each day, as required by minimum jail standards. Inmates in the same housing pod were not provided with the opportunity to have one hour of supervised physical recreation or exercise at least three days each week, as required by minimum jail standards.

The McCulloch County jail, in McCulloch, Texas, failed a May 24, 2021 Texas Commission on Jail Standards (“TCJS”) inspection. The TCJS inspector found that the fire panel was past-due for inspection. The inspector noted that technical assistance had been provided to the McCulloch County jail, for the same issue, during the last annual inspection.

Further, and perhaps more troubling based upon our constitutional rights law firm’s experience handling jail death cases, the TCJS inspector determined that face-to-face observations had not been performed at least every 30 minutes in areas of the jail where inmates were known to be assaultive, potentially suicidal, mentally ill, or who had demonstrated bizarre behavior. Such observations are extremely important, as suicidal inmates can commit suicide in five minutes or less. If jailers fail to make appropriate observations, then serious injury or death can occur.

The United States Constitution guarantees the right of inmates in Texas county jails to be protected from themselves and others. If a known suicidal inmate commits suicide, and jailers were deliberately indifferent or acted objectively unreasonably regarding that inmate’s known suicidal tendencies, then they might be liable to certain surviving family members. These claims are usually brought in federal court.

The Kinney County jail, in Brackettville, Texas, failed an inspection by the Texas Commission on Jail Standards (“TCJS”). The inspection occurred on May 21, 2021. The Kinney County, Texas jail is now listed as being non-compliant by the TCJS.

The TCJS inspector found that jail administration could not provide a classification audit. Such an audit is required by minimum jail standards.

Further, the inspector found that jail administration could not provide suicide prevention training rosters or certificates. The inspector also could not verify whether suicide prevention training had been provided in accordance with the jail’s approved mental health operational plan. This is a serious violation, as the most common manner of death in a Texas county jail is suicide. Our law firm has unfortunately seen a number of such suicide cases, and have litigated and are litigating them.

Sometime during the 15 days total that Nicholas Orion Vanwyhe was incarcerated in Travis County Jail in Austin, Texas, it was recorded that he made suicidal statements. He was pronounced dead on April 30, 2021. Mr. Vanwyhe, at age 39, had hanged himself with his bedsheet.

Inspectors with the Texas Commission on Jail Standards (TCJS) inspect every Texas county jail each year. Reports are made public on jails discovered to be in non-compliance with minimal standards for jail operation. As mentioned previously, supervision is the leading deterrent to custodial suicides. In spite of this essential element of protecting suicidal prisoners, failing to meet jail standards with regard to prisoner supervision is not unusual among county jails. The following is an example from a Jail Inspection Report on non-compliance dated June 16, 2021.

CHAPTER 265-ADMISSION; RULE §265.3-Observation During Holding

This rule addresses supervision of inmates confined in detoxification cells and holding cells. Intervals for making face-to-face observations of inmates in this area cannot exceed 30 minutes. This doubles the amount of supervision given in comparison with prisoners in the general area of the jail. Among the reasons is that inmates appropriately placed in these cells have been identified as suicide risks.

• The inspector noted that observations of prisoners in holding cells are not observed every 30 minutes at most as required. Routinely, the mandatory timeframe for observation is exceeded by 1 to 32 minutes.

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

Posts provided on this website are intended to assist inmates now in county jails in Texas as well as those who were previously incarcerated. There is no intention on this website to imply that people or institutions have engaged in wrongdoing.

–Guest Contributor

The Gaines County jail, in Seminole, Texas, failed a Texas Commission on Jail Standards (“TCJS”) in June 2021. The TCJS inspector determined that the Gaines County jail had not conducted a load test on its emergency generator in five of the prior twelve months. Moreover, the Gaines County jail did not verify the veteran status of every inmate booked into the facility for the prior six months. Hopefully, the Gaines County jail will cure these issues.

The Childress County jail, in Childress, Texas, failed a June 2021 inspection by the Texas Commission on Jail Standards (“TCJS”). The Childress County jail is now listed as being non-compliant.

The TCJS inspector determined that the Childress County jail had not conducted life safety training during the prior twelve months. Such training must be provided immediately upon employment of jailers and no less than each calendar quarter for all jail personnel. This training includes fire, emergency, evacuation drills, and location and use of equipment.

The inspector also determined that the quarterly fire prevention checklist had not been completed during the prior year. Finally, the jail had not conducted a load test on its emergency generator during four of the prior twelve months.

The Bee County jail, in Beeville, Texas, failed an inspection by the Texas Commission on Jail Standards (“TCJS”). The inspection occurred on June 3, 2021. The Bee County jail is now listed as being non-compliant by the TCJS.

The inspector determined that the heating, ventilation, and air conditioning system in the jail had not worked as designed since the jail had been populated, nor had repairs been made to it. Thus, it appears that temperature levels in the jail were not kept between 65 degrees and 85 degrees in occupied areas.

The jail also failed to comply with other minimum standards. The jail did not consistently conduct, within 48 hours for inmates held in holding cells, initial custody assessments. Moreover, custody reassessments were not consistently conducted within 30 to 90 days after the initial custody assessment. Custody assessments are very important to protect the health and welfare of inmates. Hopefully, the Bee County jail will bring itself into compliance with state standards.

On April 30, 2021, 39-year-old Nicholas Orion Vanwyhe died in the Travis County Jail in Austin, Texas. He used a bed sheet to fashion a ligature and hanged himself. Mr. Vanwyhe had been booked into the jail 15 days earlier, and reports show that he had made suicidal statements.

As mentioned previously, the Texas Commission on Jail Standards is the entity tasked with providing minimum jail standards. Their responsibilities encompass the issue of suicide prevention.

A published article in a professional magazine for the psychiatric industry has stated that suicide prevention in jails is the responsibility of administrative, clinical, and custodial staff members. The article references a study showing that the following factors have contributed to a rising increase in the frequency of custodial suicides:

• Class action lawsuits related to suicide;
• Deinstitutionalization of individuals with mental illness;
• A lack of community programs for criminals who are mentally ill;
• Prison diversionary programs; and
• Legal reforms.

In-depth studies on custodial suicides reveal many statistics that could be of help in preventing suicide in jails. For instance, the time period in which most suicides occur is from 7 p.m. to 7 a.m., and it is suspected that reduced supervision during the night is the reason most inmates commit suicide during these hours.

See Part 1 and this continuing series.

Posts provided on this website are intended to assist inmates now in county jails in Texas as well as those who were previously incarcerated. There is no intention on this website to imply that people or institutions have engaged in wrongdoing.

–Guest Contributor

Nicholas Orion Vanwyhe was booked into Travis County Jail in Austin, Texas, on April 15, 2021, at the age of 39. Jail records indicate that he made suicidal statements.  In a cell where face-to-face observations occurred generally every hour, he hung himself and died on April 30, 2021.

The Texas Commission on Jail Standards (TCJS) provides county jails with the minimum jail standards by which they must operate. Suicide prevention is implemented in Texas jails. Details are found in the Texas Administrative Code in the chapter covering health services.

RULE §273.5 –Mental Disabilities/Suicide Prevention Plan

The following are among the rules included in approved suicide prevention plans for Texas county jails:

• Staff training must be provided that equips jail staff members to recognize, supervise, document, and handle potentially suicidal inmates. Jail staff assigned to intake screening must be provided with supplemental training, as well.
• Inmates deemed to be at risk for committing suicide must be housed in an area with others who are either potentially suicidal or who have a mental disability.
• Jail staff must be familiar with procedures for intervention that occurs prior to a suicide attempt and during an attempt that is in progress.
• The intake screening instrument jails use must be completed in its entirety when inmates are admitted into jail.

Learn more in this continuing series.

The aim of providing posts for this site is to help Texas inmates in county jails, whether they are past or current prisoners. It is never intended on this site to suggest that wrongs have occurred on the part of individuals or organizations.

–Guest Contributor

The custodial death report for 47-year-old Ariel Ledesma suggests that he suffered a fatal head injury after struggling with jail staff at Galveston County Jail. Mr. Ledesma had allegedly been trying to push his way out of the cell when the confrontation occurred. He died on December 14, 2020.

The minimum jail standards, which are set by the Texas Commission on Jail Standards (TCJS), permit Texas county jailers to use restraints on inmates. The occasion in which restraints can be used is when a prisoner is behaving in a manner that could cause harm to himself or others.

CHAPTER 273–HEALTH SERVICES; RULE §273.6—Restraints

The guidelines for the use of restraints are found under Health Services in the Texas Administrative Code, and they include the following:

• The medical condition of a prisoner must be assessed by an appropriate member of the jail staff before placing him or her in a restraint system.
• The least restrictive restraint method that will effectively halt the injurious behavior must be used.
• The manner or position in which a prisoner is restrained must not worsen any physical infirmities he or she may have.
• Every 15 minutes, at a minimum, jail staff must ensure a face-to-face observation of inmates in restraints.
• During inmate checks, the restraints must be checked to make sure blood circulation to extremities has not been cut off.
• After two hours in restraints, inmates must receive medical care, which includes an opportunity to take nourishment and use the toilet facilities.

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

This site seeks to help county jail inmates in Texas. There is no intention on this website to imply that individuals or establishments have engaged in wrongdoing.

–Guest Contributor