Category: Medical Care

The Hudspeth County jail, in Sierra Blanca, Texas, is now listed as being non-compliant by the Texas Commission on Jail Standards (“TCJS”). This occurred as a result of a TCJS inspection on January 5, 2021. The TCJS inspector found that the Hudspeth County jail violated six minimum jail standards.

The inspector determined that none of the intercoms on the old jail side worked as designed. Further, quarterly fire drill training was not conducted and documented. The monthly equipment checklist and quarterly fire prevention checklist were not completed and maintained for review as required.

Moreover, jailers did not complete the top of the initial inmate classification form. Thus, the inspector was unable to verify if inmates were classified before they were housed. Jail administration also could not provide a classification audit. The inspector also could not verify that inmates were provided at least 24 hours’ written notice before signing an inmate waiver or before sanctions were administered for claimed violations.

The final minimal jail standard which was violated was that the inspector was unable to verify that suicide prevention training was conducted in accordance with the approved operational plan. This is a serious violation and one that we see far too often in Texas jail death cases. We have and are handling a number of jail suicide cases in Texas, and we have found that suicide training is critical. Hopefully, Hudspeth County will bring its jail into compliance with TCJS minimum standards.

The Wharton County Sheriff’s Department, in Wharton, Texas, filed a Custodial Death Report with the Attorney General of Texas regarding the death of Henry Donell Stephens.  Mr. Stephens was 56 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 related to Mr. Stephens’ death.

The summary paragraph of the report reads in its entirety:

“On 01/12/2021, Inmate Henry Stephens complained of heart burn. He was seen by the Jail Nurse. On 01/13/2021, Inmate Henry Stephens was seen by Southern Health Partners Doctor for his complaint of heart burn. Lab testing was ordered. On 01/15/2021, at approximately 1628 hours, Inmate Henry Stephens made a complaint to jail staff that his chest hurt and his left arm was numb. Jail staff escorted Inmate Stephens to the medical room where his blood pressure was checked. Jail Nurse was contacted by public service. She advised jail staff to administer a nitroglycerin pill to Inmate Stephens and then monitor him. Inmate Stephens was placed in an observation room near the control room. After approximately fifteen minutes, Inmate Stephens was checked on to see if the pill had an effect and Inmate Stephens advised that he was still having chest pains and that he had vomited. Stephens had admitted to jail staff that he had consumed a lot of sugar and junk food before he started to have chest pains. The Nurse was contacted again and advised that the nitroglycerin pill did not work and of the consumption of sugar and junk food. The Nurse advised to give Inmate Stephens heart burn medication. At approximately 1820 hours, the shift Sergeant observed Inmate Stephens fall to the floor. The shift Sergeant went immediately to the observation room and observed Inmate Stephens unconscious. Wharton EMS was contacted. One of the jail staff observed that Inmate Stephens was not breathing and had no pulse. That jail staff began CPR. Wharton EMS arrived and then began treatment. Inmate Stephens was transported to Oakbend Emergency Room, Wharton. At approximately 1937 hours, Inmate Stephens was pronounced dead. An Investigator from the Wharton County Sheriff’s Office and a Texas Ranger was contacted and made location to conduct an investigation. An Autopsy was performed by the Fort Bend Medical Examiner’s Office. The Cause of Death was listed as Part 1: Atherosclerotic cardiovascular disease and Part 2: Chronic obstructive pulmonary disease. The manner of death was Natural.”

Without regard to what happened to Mr. Stephens, jailers in Texas are obligated by the United States Constitution to provide reasonable medical care to county jail inmates.  Likewise, medical personnel must provide the same level of care. If jailers or medical personnel in Texas county jails are deliberately indifferent and/or act in an objectively unreasonable manner regarding such medical care, and a person dies as a result, then they may be liable to certain surviving family members.  These are sometimes referred to as civil rights claims or constitutional claims, and they are usually filed in federal court.

The Edinburg Police Department, in Edinburg, Texas, filed a custodial death report with the Attorney General of Texas regarding the death of Jesse Daniel Davila. Mr. Davila was only 29 years old at the time of his death. We provide information which we obtained from that report, and we do not make any allegation of any wrongdoing against anyone.

Mr. Davila died on January 11, 2021. The summary portion of the report reads as follows:

“On January 11, 2021 at 5:49 a.m. Edinburg Officer Alex Cruz responded to 1709 Orlando Street Apt B in Edinburg, Hidalgo County, Texas in reference to a domestic disturbance in progress. On arrival Officer Cruz could hear female screams coning from within the apartment. Officer Cruz entered the apartment through the unlocked front door and made his way toward a bedroom where he observed the screaming female laying on her back on a mattress on the floor and the suspect on top of her holding her down with both hands. Officer Cruz yelled out repeated commands for the male to release the female and show his hands. The suspect stood up and came towards the officer. Officer Cruz pushed the suspect back away from him and down to the floor giving a few seconds for the female to get up and gather her children to safety. The suspect got up and went toward the officer in an aggressive manner all while ignoring the officer’s commands to stop. The suspect continued lunging toward the officer closing the gap between them placing the officer in fear for his safety. The officer defended the attack by discharging his firearm toward the suspect and stopping the threat. The suspect sustained multiple gunshot wounds and was later pronounced dead at a local hospital.”

Once again, we make no allegation of any wrongdoing against anyone regarding Mr. Davila’s death. Generally, and without regard to what happened to Mr. Davila, people in the United States are entitled not to have unreasonable force used against them by law enforcement officers. Courts will look at all the facts and circumstances at the time force was used to determine whether it was reasonable. If an officer uses unreasonable force in the performance of his or her duties, then a violation of the Fourth Amendment occurs. If a person dies as a result of a violation of the Fourth Amendment, then certain surviving family members may file a lawsuit and assert claims related to the death. These claims are filed pursuant to 42 U.S.C. Section 1983.

Shelby County Jail is in Center, Texas 75935 at 100 Hurst Street. The inmate capacity is 66, and the jail’s contact phone number is (936) 598-5601. The duties of the Shelby County Sheriff include operating Shelby County Jail according to minimum jail standards set out by the Texas Commission on Jail Standards (TCJS). Each year, Shelby County Jail and all county jails in Texas are inspected by TCJS. If items of non-compliance are discovered, a jail is subjected to heightened scrutiny until it is up to code.

Restraint Chairs

Among the jail standards in Texas is the option for jails to use TCJS-approved restraint devices when needed on inmates exhibiting behavior that could be injurious to themselves or others. Restraint chairs are included among approved restraint devices, though reports of inmate deaths and abuse in restraint chairs have led some jurisdictions to outlaw their use.

TCJS not only approves restraint chairs but also provides strict guidelines for using them in a manner that will not cause harm. They must be used according to the manufacturers’ directions, for example, and the following are a few examples of those instructions:

1. Manufacturers’ instructions must be read and understood by any person who places an inmate in a restraint chair. A lack of understanding could result in serious injury or death.
2. In order to prevent an inmate from suffering an injury in a restraint chair, there should be no delays in removing leg irons and handcuffs.
3. It is not recommended for a person to be left in a restraint chair for more than 10 hours total.

Posts on this website are meant to help prisoners who believe their civil rights were denied during detention in a city or county Texas jail. It is not intended to indicate that a person or institution has been involved in misdeeds of any kind.

–Guest Contributor

The Cherokee County Sheriff’s Department filed a custodial death report with the Attorney General of Texas regarding the death of Justin Lewis Pegues. Mr. Pegues was only 26 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. Pegues’ death.

The summary portion of the report reads:

“On January 14, 2021 while on routine patrol Cherokee County Sheriff Office patrol deputies encountered a vehicle on a property located off of Cr 1111. The deputies were patrolling the property due to reoccurring burglaries. Deputies attempted to make contact with the individuals on the property. Prior to making contact with the individuals the suspect used a vehicle to attempt to flee the scene. The suspect charged toward the deputy on scene with the suspect vehicle. The suspect drove through a partially open gate almost hitting the deputy with the vehicle and the gate. The deputy discharged his weapon fatally wounding the suspect driver of the vehicle. A second suspect on in the vehicle was taken into custody. The deputies involved were not injured. The deceased suspect has been identified as 26 year old Justin Pegues of Jacksonville.”

The Fourth Amendment to the United States Constitution guarantees the right of residents in the United States not to be subjected to excessive force. There have been a number of cases analyzing when a police officer may shoot a person fleeing in a vehicle. Generally, a police officer can use deadly force if the person is exhibiting behavior which is likely to result in serious bodily injury or death to a police officer and/or others. Some cases have analyzed when a police officer may shoot a person driving a vehicle in the direction of the officer. Generally, those cases have held that if a person is merely fleeing the scene and not using the vehicle to attempt to injure an officer, then the officer may not use deadly force against the person.

Scurry County Jail is in Snyder, Texas 79549 at 1300 26th Street. The inmate capacity is 161, and the jail’s contact phone number is (325) 573-3551. The Scurry County Sheriff has the duty of running the Scurry County Jail according to the standards established by the Texas Commission on Jail Standards (TCJS). City and county jails are inspected annually in Texas. If TCJS inspectors discover evidence of non-compliance, an additional inspection will occur after the jail has had time to remedy the problem. Added scrutiny continues until the jail is up to code.

Restraint Chairs

Although associated with tremendous controversy, restraint chairs are among the TCJS-approved restraint devices used in Texas jails. Watchdog groups have exposed the fact that inmates have died as a result of being in a restraint chair. In addition, shocking abuses occur, such as repeatedly tasing an inmate who is helpless, being restrained at the ankles and wrists.

Among the minimum jail standards associated with using restraint chairs is the instruction to use them as directed by professional manufacturers of the chairs. The following are a few of the manufacturers’ warnings:

• If a chair is used without an understanding of the instructions, serious injury or death can occur.
• A restraint chair must never be used for punishment.
• Violent behavior that results in being placed in a restraint is often masking critical medical conditions. Detainees must continually be monitored and provided medical treatment as needed.
• To prevent injury, leg irons and handcuffs must be removed as soon as possible.

This site’s posts are intended to help inmates whose civil rights might have been violated while detained in a Texas city or county jail. There is never an intention to insinuate that wrongs have occurred on the part of an individual or entity.

–Guest Contributor

Schleicher County Jail is in Eldorado, Texas 76936 at 4 S Divide Street. It has an inmate capacity of 15, and the jail’s contact phone number is (325) 853-2737. The Schleicher County Sheriff is responsible for handling Schleicher County Jail operations. The rules set out by the Texas Commission on Jail Standards (TCJS) are provided as the guiding principles and requirements for jail operations. All city and county jails in Texas are subjected to annual jail inspections as part of minimum jail standards enforcement. TCJS inspectors scrutinize jail records to determine whether there is evidence of non-compliance. Jails that are not up to code are given heightened oversight until all problems have been resolved.

Restraint Chairs

As a part of keeping inmates and jailers safe, TCJS has approved the use of various mechanical restraint devices. The least restrictive restraint device that can mitigate a volatile situation must be used in every instance. On the other end of the scale, the most restrictive mechanical restraint device is a restraint chair.

TCJS has approved restraint chairs for Texas jails, although there is mounting evidence of abuses that occur in jails across the nation. Inmates in restraint chairs are strapped at least at the wrists and ankles. In this highly vulnerable position, they are helpless against acts of abuse. Watchdog groups have uncovered stories verifying that abuse indeed does sometimes occur, and, too often, such abuse results in the inmate’s death.

TCJS is specific in its requirements associated with using restraint devices such as restraint chairs. If minimum jail standards are heeded, no harm should come to the inmate.

This site’s posts seek to help inmates whose civil rights might have been violated while confined in a Texas city or county jail. There is never an intention to insinuate that misdeeds on the part of a person or entity have occurred.

–Guest Contributor

San Saba County Jail is in San Saba, Texas 76877 at 104 S Water Street. It has an inmate capacity of 12, and the jail’s contact phone number is (325) 372-3277. The San Saba County Sheriff handles San Saba County Jail operations. Jails in Texas must be run according to the rules established and enforced by the Texas Commission on Jail Standards (TCJS). Texas city and county jails are inspected annually. If TCJS inspectors discover that a jail has been non-compliant, they give increased scrutiny to that facility until it is up to code.

Restraint Chairs

As with all Texas jails, the jailers at San Saba County Jail are permitted by minimum jail standards to use various restraint devices. Restraint chairs are among the most restrictive mechanical restraint devices. They are controversial due to nationwide reports of abuse and custodial deaths associated with them.

For Texas jailers to be able to utilize restraint chairs, they must adhere to strict guidelines. The following are some examples:

• Do not use restraint devices as a punitive measure.
• Only qualified personnel with training can strap an inmate into a restraint chair.
• Medical care must be provided when an inmate has been in a restraint device for a two-hour period.
• Inmates kept in a restraint chair are strapped in at the ankles and wrists. It is essential to frequently check and ensure that circulation to the extremities has not been diminished.

This site’s posts seek to help inmates whose civil rights might have been violated while confined in a Texas city or county jail. There is never an intention to infer that misdeeds have occurred on the part of a person or institution.

–Guest Contributor

Roberts County Jail is in Miami, Texas 79059 at 110 S Main Street. The jail can be contacted at the phone number (806) 868-3121. The Roberts County Sheriff’s duties include operations of Roberts County Jail, which has a bed capacity of 3. The jail must operate according to the minimum jail standards set forth by the Texas Commission on Jail Standards (TCJS). All Texas jails come under scrutiny by way of annual jail inspections. TCJS follows up with additional oversight when jails are non-compliant.

Restraints

If an inmate is behaving in a way that suggests harm may occur to the prisoner or others, the appropriate TCJS-approved restraint can be used. The least restrictive device necessary should be placed on an inmate. For instance, a restraint chair should not be used if nothing more than handcuffs is needed. The following are more of the standards related to using restraints in Roberts County Jail and all Texas jails:

• When feasible, padded restraints should be used.
• An inmate in restraints must be observed face-to-face by a trained member of the jail staff every 15 minutes. During this observation check, the extremities of the inmate must be examined to ensure proper blood flow has not been obstructed.
• The longest amount of time that an inmate can be kept in a restraint is 24 hours.
• Medical care is provided from start to finish, as regards using restraints on inmates. For instance, an inmate must not be placed in a restraint until a medical professional has assessed the person’s health condition.

This site’s posts are meant to assist Texas inmates who believe their rights have been violated while jailed. There is never an intention to infer wrongs on the part of any individual or entity.

–Guest Contributor

Refugio County Jail is in Refugio, Texas 78377 at 807 Osage Street. The jail can be contacted at the phone number (361) 526-2351. The Refugio County Sheriff is responsible for operations at Refugio County Jail, which has an inmate capacity of 60. Minimum jail standards in city and county jails in the Lone Star State are established and enforced by the Texas Commission on Jail Standards (TCJS). Enforcement of jail requirements is largely achieved with annual jail inspections and following up with non-compliant jails.

Restraints

TCJS-approved restraints can be used at Refugio County Jail if inmates are behaving in a manner that poses a threat to themselves or others. The least restrictive type of restraint must be used as necessary to avoid harm.

Restraint chairs are approved by TCJS, though some jurisdictions in the U.S. have outlawed them because of custodial deaths linked to the restraint device.

Medical care must be provided throughout the ordeal that inmates go through when restraint devices are used. Before being placed in restraints, a medical professional must assess an inmate’s health condition. For every two hours that an inmate is kept in a restraint, medical care must be provided. The care includes checking vital signs, allowing the inmate access to restroom facilities, and allowing the inmate to exercise extremities and possibly change positions.

This site’s posts are provided to help Texas inmates whose rights may have been violated. There is never an intention to suggest impropriety on the part of a person or institution.

–Guest Contributor