Category: Medical Care

The Duval County jail, in San Diego, Texas, recently failed an inspection by the Texas Commission on Jail Standards (“TCJS”). The inspection occurred on April 5, 2021. The Duval County jail is now listed as being non-compliant by the TCJS.

The TCJS inspector found that the fire panel was in trouble mode at the time of the inspection, and the panel had been “red-tagged” since January 29, 2021. Issues noted by a technician had not been repaired.

Moreover, the TCJS inspector found two troubling issues with regard to inmates’ safety. TCJS standards require that observations of certain inmates occur every fifteen minutes, and that observations be face-to-face. The TCJS inspector determined that Duval County jailers did not document face-to-face observation of inmates in restraints every fifteen minutes as required.

Further, the TCJS requires that jailers observe inmates at least every thirty minutes in areas where inmates are known to be assaultive, potentially suicidal, mentally ill, or who have demonstrated bizarre behavior. The TCJS inspector determined that Duval County jailers exceeded the 30-minute face-to-face observations in such areas. This is a serious violation and could lead to injury or death. Further, regardless of TCJS standards, anything short of continuous observation of suicidal inmates is inadequate. It takes very few minutes to commit suicide using a ligature, and this is the common manner in which people in Texas jails unfortunately end their own lives.

The Dimmit County jail, in Carrizo Springs, Texas, is now listed as being non-compliant by the Texas Commission on Jail Standards (“TCJS”). The non-compliance occurred as a result of an April 8, 2021 inspection.

The Dimmit County jail’s failures are troubling. The TCJS inspector determined that Dimmit County jail staff are not consistently notifying a judge within 12 hours, or notifying mental health officials as required by the Texas Code of Criminal Procedure. Such notification is necessary when, as a result of intake screening, an inmate is identified who is mentally disabled and/or potentially suicidal. If a jail fails to notify proper officials, and take appropriate action, unfortunately, we have seen this result in far too many cases in suicide of and/or significant injury to the inmate from self-harm.

Second, the TCJS inspector found that jailers were not conducting 15-minute face-to-face observations of inmates placed in restraints. This is a requirement of TCJS minimum standards. Such standards are in place to assure bare minimum regulation to assist jails in operating safely.

The United States Constitution protects the rights of pre-trial detainees in Texas jails to receive reasonable medical care, to be treated humanely, and to not be the subject of self-harm when self-harm tendencies are known. If jailers violate the United States Constitution, and a person is injured as a result, then such jailers can be liable to the injured person or surviving family members of a person who is deceased. These cases are usually filed in federal court.

The Coryell County jail, in Gatesville, Texas, failed an inspection by the Texas Commission on Jail Standards (“TCJS”). The inspection occurred on April 14, 2021. The TCJS inspector determined, after reviewing documentation, that Coryell County had been housing inmates over its rated capacity for seven days.

Hopefully, Coryell County will cure its non-compliance with TCJS minimum standards. Our law firm continues to prosecute the case regarding the death of Kelli Leanne Page in the Coryell County jail. We have argued the appeal to the Fifth Circuit Court of Appeals and await its decision.

The Corpus Christi Police Department, in Corpus Christi, Texas, reported the death of Richard Bendle. Mr. Bendle was only 44 years old at the time of his death. We provide in this post information obtained from that governmental report, and we do not allege any wrongdoing related to Mr. Bendle’s death.

The report is unfortunately very short, as a result of recent changes to the length of custodial death reports in Texas. They are now comprised of only two pages. The summary portion of the report reads in its entirety:

“Unifromed police officers from the Corpus Christi Police Department responded to a call for service on 4/13/2021 at approximately 02:24 pm related to a pedestrian hazard at 1737 S. Staples St. in Corpus Christi, Texas. The decedent was contacted by officers and showed signs of being under the influence of a narcotic substance. Emergency Medical personnel were called to the scene and treated the decedent at the scene. The decedent was released by Emergency Medical personnel after medical evaluation at the scene and transported by police to the city dentention facility. Prior to entering the facility, the decedent began having a medical episode that the officers reported was a believed to be a overdose on narcotics. Officers began emergency medical treatment to include CPR. Emergency Medical was again summoned to the location. The decedent was transported by ambulance to a medical facility where he passed away at approximately 10:33 pm at the hospital. Police were not present at the time of death.”

Out Texas civil rights law firm unfortunately sees a number of cases in which a person ingests drugs and then ultimately dies in custody. Those who arrest and/or incarcerate a person in Texas have a constitutional obligation to provide reasonable medical care and to protect the person from himself or herself and/or others. If they fail to do so, and a person dies as a result, then there may be a cause of action under the United States Constitution brought pursuant to a federal statute. Emergency medical personnel are also obligated to provide care and not be deliberately indifferent to such an arrestee.

The City of Pharr Police Department, in Pharr, Texas, filed a custodial death report regarding the death of Adelaido Adrian Diaz. Mr. Diaz was 55 years old at the time of his death. We provide in this post information obtained from that report, and we make no allegation of any wrongdoing against anyone regarding Mr. Diaz’s death.

Mr. Diaz was arrested on April 11, 2021 and passed away the following day. The custodial death report provides very little information regarding Mr. Diaz’s arrest, any medical issues, any observations of him while he was in the jail, or other details as to why Mr. Diaz might have fallen to the floor and suffered a head injury (as referenced below). The summary portion of the report reads in its entirety:

“The City of Pharr Police Department is reporting that an individual, Adelaido Adrian Diaz (X/XX/66) was arrested last night for evading police, was declared deceased at McAllen Medical Center hospital this morning. At approximately 11:30 pm Sunday, April 11, 2021, Pharr police patrol unit attempted to perform a traffic stop for a traffic violation. Driver Diaz kept driving and a low-speed pursuit ensued for a few minutes until Diaz eventually pulled over and came to a stop. Diaz was arrested for evading police and transported to the Pharr police department’s holding facility. At approximately 5:54 am, dispatch observed Diaz who was alone and standing, fall to the ground via a video monitor, hitting his head on the ground causing a severe head injury. Jailers immediately responded and called for an ambulance. Diaz was found conscious with an obvious injury to the back of his head. At 6:27 am, the ambulance arrived at the Pharr Police Department. According to police reports, the ambulance arrived at McAllen Medical Center at 6:56 am, where Mr. Diaz was declared deceased. The Texas Rangers are investigating this incident. No further information is available at this time.”

People in Texas jails are entitled to receive from jailers and those in charge of jails reasonable medical care. They are also entitled to be protected from themselves and others. Once again, we are uncertain as to what caused Mr. Diaz to fall to the floor. If, for example, Mr. Diaz was having significant health issues, and they were untreated, this could give rise to a claim that he did not receive constitutionally-required care. However, this is mere speculation without more information about what occurred.

The Kerr County Sheriff’s Department, located in Kerrville, Texas, filed a custodial death report regarding the death of Heather Renee Rodriguez. Ms. Rodriguez was only 45 years old at the time of her death. We provide information we obtained from that report, and we do not make any allegation of any wrongdoing against anyone.

The Kerr County Sheriff’s Department filed the death report on April 5, 2021 at 10:41 a.m. The report was completed and/or filed by a chief deputy of the Kerr County Sheriff’s Department.

The summary portion of the report reads in its entirety:

“On March 16, 2021, Inmate Heather Rodriguez was found unresponsive, not breathing, and with no pulse at approximately 12:22 PM. Correctional Officers enter her single cell and assess Ms. Rodriguez and start CPR at 12:27 PM. Jail Medical personnel arrive and takeover CPR until EMS arrives at 12:34 PM. Ms. Rodriguez is transported to Peterson Regional Medical Center, where they were able to get a pulse back, but CT scans showed serve loss of brain activity/ Brain Hypoxia. Ms. Rodriguez is moved to ICU, is only alive by the ventilator, until next of kin is found and notified. The Mother, father and one son arrive and request she be taken off life support. Ms. Rodriguez is pronounced dead at 10:00 PM on March 16, 2021. Ms. Rodriguez is transported to the Travis County Medical Examiner’s Office for an Autopsy, results are pending at this time.”

Therefore, the report provides virtually no information regarding how Ms. Rodriguez died, whether through potential self-harm or otherwise. We mention potential self-harm only because of other information in the report. The report indicates that Ms. Rodriguez made suicidal statements and exhibited mental health problems. Unfortunately, for some unknown reason, the State has recently been requiring shorter custodial death reports, two pages instead of what had been approximately six pages. This provides even less information to the public, and family members of those who die in Texas county jails, regarding what is occurring.

Our Texas civil rights law firm litigates and has litigated a number of cases regarding jail deaths in Texas. Unfortunately, we see significant issues with failure to care for inmates with mental health issues, and a significant portion of our cases involve death as a result of suicide. The 14^th Amendment to the United States Constitution guarantees the right of pre-trial detainees in jails across the United States to receive reasonable medical care, reasonable mental health care, and to be protected from self-harm tendencies and/or assault by other inmates. If jailers exhibit deliberate indifference to these needs, or if a policy, practice, or custom of a city or county exhibits the same deliberate indifference, and a person dies as a result, then certain surviving family members may have claims under the United States Constitution. Such claims are filed pursuant to a federal statute, usually in federal court.

The Hale County jail, in Plainview, Texas, is now listed as being non-compliant by the Texas Commission on Jail Standards (“TCJS”). The TCJS inspected the jail on March 22, 2021 apparently as a result of an inmate escape. The TCJS inspector wrote that, after he reviewed video evidence from the February 20, 2021 escape, he determined that Hale County jail security was breached by leaving four doors unsecured. The inmate was able to walk out of the jail as a result.

The Travis County Sheriff’s Department filed a custodial death report regarding the death of Susan Dee Reddick. Ms. Reddick was only 45 years old at the time of her death. We provide in this post information obtained from that report.

The report contains a summary portion which we are omitting from this post due to the sensitive nature of what was contained in it. Ms. Reddick was found with an apparent medical condition and allegedly evaluated. Once put into a wheelchair, she became unresponsive. Ms. Reddick passed away in a local hospital approximately ten days later – on February 26, 2021.

Texas prisoners are entitled to receive reasonable medical care, and to be protected from themselves and others. We do not have enough information regarding Ms. Reddick’s situation to determine whether there may have been any constitutional violations. However, if jailers violate a person’s constitutional rights, and a person dies as a result, the jailer, and possibly the county or city for whom the jailer works, may be liable to certain surviving family members for claims usually brought in federal court in Texas.

The Parker County Sheriff’s Office, in Weatherford, Texas, filed a custodial death report regarding the death of David Brian Hamilton. Mr. Hamilton was 46 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.

Mr. Hamilton allegedly died from suicide. The summary portion of the report read in its entirety:

The on duty security staff working on 2-4-2021 at approximately 2:24pm responded to cell M-13 where inmate Hamilton, David was seen in the restroom area of the cell with a blanket tied around his neck. Staff immediately entered the cell, untied the knot and began life saving measures, medical staff responded with AED and Oxygen, and EMS “911” was called. EMS arrived at the facility at approximately 2:50pm and relieved jail staff of all life saving measures. EMS departed the facility at approximately 2:56pm transporting inmate Hamilton to Medical City Weatherford Hospital. SCO Rackliff called in from the hospital at approximately 3:50pm stating the hospital was transferring inmate Hamilton via Life Flight to Medical City Plano. Updates to Follow. Update: Texas Ranger T. Bradford called at approximately 0810 on 2-9-2021 to notify Jail Administrator R. King that Mr. Hamilton passed away on 2-8-2021 and his body is at the Medical Examiners office in Collin County, Texas. Texas Ranger Bradford requested all documentation in this incident. Update: Medical Examiner Laroy from the Collin County Medical Examiners office (940-206-3260) called the facility on 2-9-2021 at approximately 0830am to notify Jail Administrator R. King of the death of Mr. Hamilton (Declared Brain Dead 2-8-2021 @ 7:33pm).The Medical Examiner stated that the family has not made a decision on organ donation and the body of Mr. Hamilton is still at Medical City Hospital Plano.

Our Texas law firm has unfortunately handled a number of jail wrongful death cases involving suicide. Suicide continues to be a problem in jails not only in Texas, but across the United States. Jailers must continuously observe inmates who are known to be suicidal, or are at a significant risk for suicide or self-harm.

If jailers fail to fulfill their constitutional duties, then they, and sometimes counties and cities in Texas, can be liable for a resulting death. Usually such lawsuits are brought by certain surviving family members, and they are filed in federal court pursuant to a federal statute.

The Midland County Sheriff’s Department, in Midland, Texas, filed a custodial death report regarding the death of Catarino Humberto Rodriguez-Borjon. Mr. Borjon was 51 years old at the time of his death. We provide in this post information we obtained from that report.

Our Texas civil rights law firm filed suit against Midland County as a result of a different jail death, and we learned a significant amount of information as a result of that lawsuit. With regard to Mr. Rodriguez-Borjon, the custodial death report contained a summary portion which read as follows:

“On February 20, 2021 at approximately 0700 hrs, Officers were conducting Roll Call in the Booking area. When going to Holdover Cell ISO B to conduct Roll Call on offender Catarino Rodriguez-Borjon, the offender refused verbal commands to get back. He walked towards the officer and the unsecured door. At that time, an officer pushed the offender back and he lost his balance, hitting his head on the concrete bench. The officer immediately rendered aid and jail medical staff was called. EMS was also called at this time. The offender eventually got up on his own power and walked to the stretcher. He was transported to Midland Memorial hospital via EMS. While at Midland Memorial Hospital, the offender was placed on life support. He never regained consciousness and passed away on 03-07-2021 at 1643 hrs.”

The 4^th Amendment to the United States Constitution, and possibly the 14^th Amendment, protects pre-trial detainees from what Mr. Rodriguez-Borjon may have experienced. We do not make any allegation of any wrongdoing regarding his death, because we do not have enough facts to make that determination. However, if a jailer violated Mr. Rodriguez-Borjon’s rights, and in doing so caused his death, then that jailer, and possibly his or her employer, could potentially be liable to certain surviving family members. Lawsuits regarding such rights are usually filed in federal court, and they are brought pursuant to 42 U.S.C. § 1983.