Category: Medical Care

The Harris County Sheriff’s Department, in Houston, Texas, filed a custodial death report regarding the death of Jaquaree Simmons. Mr. Simmons was only 23 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.

The report indicates that Mr. Simmons was originally incarcerated on February 10, 2021 and passed away on February 17, 2021. Oddly, the report contained the answer “Unknown” to the following questions: appear intoxicated (alcohol or drugs); make suicidal statements; and exhibit any medical problems.

The summary portion of the report reads in its entirety:

“On February 10, 2021, the decedent was arrested by the Houston Police Department and booked into the Harris County Jail. On February 17, 2021, detention officers were distributing lunch when the discovered the decedent lying face down in his cell. Detention staff determined the decedent was unresponsive, started CPR, and called medical. Medical staff arrived, continued CPR, and transported the decedent to the clinic. Medical staff continued life-saving procedures and called the Houston Fire Department. Paramedics arrived, assumed care, and transported the decedent to LBJ Hospital. At 1:27 p.m., Dr. Kim pronounced death at the hospital”.

Therefore, the report provides very little information regarding what caused the death of a 23-year-old man. It is clearly unusual for a 23-year-old young man to pass away without some underlying medical condition, absent a traumatic event. Regardless, and without regard to what happened to Mr. Simmons, as a general matter, the United States Constitution provides the right of pre-trial detainees to receive reasonable medical care. If this right is violated, and a person dies as a result, then those causing the death can be liable to certain surviving family members.

A custodial death report filed with the Attorney General of Texas, by the Johnson County Sheriff’s Department in Cleburne, Texas, indicates that Daniel Lee Blankenship committed suicide in the Johnson County jail. We provide in this post information obtained from that report, and we make no allegation of any wrongdoing against anyone.

The report indicates that Mr. Blankenship passed away as a result of an anoxic brain injury related to suicidal hanging. The report also indicates that Mr. Blankenship had used a wool blanket and was housed in a single-person cell.

The report alleges that Mr. Blankenship made suicidal statements and exhibited mental health problems. The report does not indicate whether Mr. Blankenship had disclosed his intent to commit suicide, or displayed suicide risk behaviors or responses, during jail intake.

The summary portion reads in its entirety:

“On Monday February 8, 2021 inmate Daniel Blankenship was not visible in his single cell by the Corrections Officer. When Corrections Officers entered the cell they found Inmate Daniel Blankenship behind a shower wall hanging by what is believed to be pieces of his wool blanket. Inmate Daniel Blankenship was non-responsive and not breathing. Corrections Officers immediately began CPR until EMS arrived on scene and took over life saving measures on Inmate Daniel Blankenship. Inmate Daniel Blankenship was transported to Texas Health Cleburne Hospital by EMS. During the life saving measures inmate Daniel Blankenship’s heartbeat was restored but was unable to breath on his own. Inmate Daniel Blankenship was then transported to Harris Hospital Fort Worth and placed on life support. Inmate Daniel Blankenship remained on Life Support until February 12, 2021 when the Hospital Doctors terminated Life Support treatment”.

Our law firm has unfortunately handled a number of jail suicide cases in Texas and filed wrongful death claims related to those suicides. The 14^th Amendment to the United States Constitution provides protection to pre-trial detainees from known self-harm tendencies or issues. If a jail or jailer violates a persons constitutional rights, then the county/city and/or particular jailers can be liable for any resulting death.

The Wilbarger County jail, in Vernon, Texas, failed an inspection by the Texas Commission on Jail Standards (“TCJS”). The TCJS inspector determined that the Wilbarger County jail violated four minimum jail standards.

The inspector found violations regarding status reviews of inmates who are housed in administrative separation. The inspector also determined that inmates were not being allowed one hour of supervised recreation at least three days per week.

One important alleged minimum jail standard violation involved administration of medication. The TCJS inspector, when reviewing Medication Administration Records, found that such records failed to show that medications were distributed in accordance with written instructions from a physician. It goes without saying that jails should administer medications which are prescribed to prisoners. If a Texas jail inmate does not receive his medication, as prescribed, then he can suffer serious injury, illness, or death.

The Young County jail, in Graham, Texas, recently failed an inspection by the Texas Commission on Jail Standards (“TCJS”). The Young County jail allegedly violated three minimum jail standards.

Unbelievably, jail staff performing inmate classification had not received four hours of classification training. Classification officers decide where, and with whom, to house inmates. They must take into consideration various demographic factors, as well as crimes alleged to have been committed. It is obvious that a person classifying inmates should receive appropriate training.

The TCJS inspector also noted, when reviewing Medication Administration Records, that those records did not show that Young County jailers were administering medication in accordance with written instructions from a physician. Obviously, inmates should receive medication which has been prescribed for them. If a jail fails to provide medication to its inmates, and which has been prescribed to them, then serious injury or death could result.

The Tarrant County jail recently failed an inspection by the Texas Commission on Jail Standards (“TCJS”). This is very concerning, as the Tarrant County jail fairly recently failed another inspection by the TCJS. During the March 8-12, 2021 inspection, the TCJS inspector noted that 140 inmates were not given at least one hour of dayroom time as required by jail standards. The TCJS inspector determined that this occurred on 93 separate days from September 13, 2020 through February 20, 2021. The Tarrant County jail seems to be having, of late, considerable problems. Several inmates have died in the not-to-distant- past in the Tarrant County jail in Fort Worth, Texas.

The Palo Pinto County jail, in Palo Pinto, Texas, is now listed as being non-compliant by the Texas Commission on Jail Standards (“TCJS”). The TCJS inspected the jail on March 11, 2021. The Palo Pinto County jail allegedly violated three minimum jail standards.

The TCJS inspector, when reviewing documentation, found that the documentation failed to show that the jail generator was tested at least once each week. The TCJS inspector also determined, when reviewing disciplinary documentation, that inmates sanctioned to segregation cells for minor infractions exceeded fifteen days on a regular basis. The TCJS inspector also found that inmates sanctioned to segregation cells for major infractions exceeded thirty days on a regular basis. This could implicate constitutional concerns, specifically punishing a pre-trial detainee who has been accused of nothing. Such actions could violate the 14^th Amendment, under the right circumstances.

The Nacogdoches County jail, in Nacogdoches, Texas, is now listed as being non-compliant by the Texas Commission on Jail Standards (“TCJS”). The non-compliance occurred as a result of a March 4-5, 2021 inspection. The TCJS inspector determined that the Nacogdoches County jail violated two minimum jail standards.

When reviewing Medication Administration Records, the TCJS inspector found that such records failed to show that medications were distributed in accordance with written instructions from a physician. The importance of administering medication in accordance with instructions from a physician is fairly obvious. If a jail fails to properly administer medication, it could result in serious injury to or death of an inmate.

The TCJS inspector also examined restraint logs. Jails are allowed to use restraint chairs in only certain circumstances. The TCJS inspector found that Nacogdoches County jail staff exceeded the required fifteen-minute observation checks by as little as one minute, and by as many as seventeen minutes, on multiple occasions. It is vitally important that prisoners who are strapped into a restraint chair be properly observed. Hopefully, the Nacogdoches County jail will bring itself into compliance.

The Archer County jail, in Archer, Texas, recently failed an inspection by the Texas Commission on Jail Standards (“TCJS”). The inspection occurred on March 15, 2021.

The Archer County jail allegedly violated two minimum standards. First, the TCJS inspector noted, when reviewing documentation, that custody reassessments were not conducted after a disciplinary action. The standard requires custody reassessments to be conducted within 30 to 90 days after the initial custody assessment and immediately upon any disciplinary action.

Second, the inspector found that Archer County jail classification staff had not completed the required four hours of classification training. Classifying inmates correctly is critical, as improperly classifying and housing an inmate could result in serious injury or death. Hopefully, the Archer County jail will bring itself into compliance with TCJS standards and assure proper training of all of it’s jail employees.

The Angelina County jail, in Lufkin, Texas, is now listed as being non-compliant by the Texas Commission on Jail Standards (”TCJS”). The TCJS inspected the jail on March 1, 2021. Hopefully, the Angelina County jail will bring itself into compliance with TCJS minimum standards.

The TCJS inspector found, when reviewing medication administration records, that those records failed to show that medications were being distributed to prisoners in accordance with written instructions from a physician. The TCJS inspector also noted, regarding inmate observations, that restraint logs indicated that Angelina County jail staff exceeded the required 15-minute observation checks by as little as one minute and by as many as nine minutes, on multiple occasions.

The Terry County jail, in Brownfield, Texas, recently failed an inspection by the Texas Commission on Jail Standards (“TCJS”). The inspection occurred on March 4, 2021. The Terry County jail is now listed as being non-compliant.

The Terry County jail failed to comply with TCJS minimum standards. First, the TCJS inspector, when reviewing inmate health records, determined that Terry County jail staff failed on multiple occasions to notify a magistrate judge as required by the mental health form. It is very important that jails communicate with outside authorities, whether MHMR and/or local judges, regarding inmates who have severe mental health issues. The failure to do so can lead to inmate self-harm, up to and including suicide.

Second, the Terry County jail was cited for not performing appropriate inmate observations. The TCJS inspector noted, during a review of 30-minute face-to-face observations in separation cells, that Terry County jail staff, on numerous occasions, exceeded the 30-minute requirement from as little as one minute to up to ten minutes. Appropriate prisoner observations are critical to assure that inmates remain safe.