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Wrongful Death, Neglect, and Abuse in Jail Lawyer/Attorney in Texas: Red River County Jail

Red River County Jail is in Clarksville, TX 92470 at 500 N Cedar Street. The jail can be contacted at the phone number (903) 427-3838. The Red River County Sheriff has the responsibility of running the Red River County Jail, which has an inmate capacity of 95. The jail is required to operate according to minimum jail standards established by the Texas Commission on Jail Standards (TCJS). Annual inspections at Texas jails are the primary enforcement measure used by TCJS. Jails found to be in non-compliance are more closely scrutinized. For instance, at least one additional jail inspection is scheduled as a follow-up.

Restraint Chairs

TCJS has approved various kinds of restraint devices to be used when inmates exhibit behavior that could cause self-harm or injury to others. Jail standards indicate that the type of restraint chosen must be the least restrictive necessary to mitigate the situation while keeping the inmate and others safe.

Restraint chairs are TCJS-approved for use in Red River County Jail. The most restrictive type of restraint device, restraint chairs must be used humanely. A prisoner’s chest, legs, and arms are immobilized in this type of device. Medical care must be provided throughout the period in which an inmate is in restraints. For instance, the health of the inmate must be assessed by a medical professional before he or she is strapped into a restraint chair.

The maximum amount of time that a person can be held in a restraint chair is 24 hours. For every two hours, medical care must be provided. The medical attention must include taking vitals, allowing the inmate to exercise his or her extremities, and offering access to toilet facilities.

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

author avatar
smchugh

27-Year-Old Evatt Joli Hernandez Is Shot to Death After “Welfare Check”

Danger on the street. Blue flasher on the police car at night.

The Brewster County Sheriff’s Department, in Alpine, Texas, filed a custodial death report regarding the death of Evatt Joli Hernandez. Ms. Hernandez was only 27 years old at the time of her death. We provide information in this post obtained from that report, and we make no allegation of any wrongdoing against anyone.

Our Texas civil rights law firm reviews custodial death reports, filed with the Attorney General of Texas, on a weekly basis. Thus, we have become very familiar with the manner in which various law enforcement agencies throughout Texas complete those reports. The report regarding Ms. Hernandez’s death was, compared to other reports reviewed by our firm, extremely sparse. The summary portion of the report regarding Ms. Hernandez’s death, which would normally describe what occurred, reads in its entirety, “The Incident still under investigation by the Texas Rangers.” Thus, the summary portion of the report provides absolutely no information to the public or potentially Ms. Hernandez’s family as to what led to her death.

Moreover, in response to the following fields, the Brewster County Sheriff’s Department provided no information: Death Code; Manner of Death Description; Custody Code; Code of Charges; Intoxicated; and Medical Treatment Description. The report does indicate that Ms. Hernandez died as a result of a pre-custodial use of force, occurring at or about 8:26 p.m. on December 9, 2020.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Brazoria County, Texas Jail Fails State Inspection

Danger on the street. Blue flasher on the police car at night.

The Brazoria County jail, in Angleton, Texas, failed a Texas Commission on Jail Standards inspection (“TCJS”) in December 2020. As a result, the Brazoria County jail is now listed as being non-compliant.

The TCJS inspector learned that the Brazoria County jail was not following its approved Health Services Operational Plan and ensuring that procedures are in place to ensure nutritional requirements for pregnant inmates. The Brazoria County jail was also unable to produce documentation showing that dietary menus included provisions for ensuring nationally-recognized nutritional requirements for known pregnant inmates. Finally, the TCJS inspector noted issues with information contained in recreation logs.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Willacy County, Texas Jail Fails State Inspection

Prison guard esicort inmate throught corridor in jail corridor for booking after arrest.

The Willacy County jail, in Raymondville, Texas, is now listed as being non-compliant by the Texas Commission on Jail Standards (“TCJS”). This result occurred from a December 11, 2020 inspection by the TCJS.

The TCJS determined that the fire panel located at the courthouse had not been inspected for over a year. Likewise, fire extinguishers had not been inspected or charged since 2019. Further, the County continued failing to provide skilled support professionals to make necessary repairs in a timely manner to the jail, to include multiple issues with lighting and plumbing.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Uvalde County, Texas Jail Fails State Inspection

Inside The Old Idaho State Penitentiary

The Uvalde County jail, in Uvalde, Texas, failed a Texas Commission on Jail Standards (“TCJS”) inspection on December 16, 2020. The Uvalde County jail is now listed as being non-compliant.

The TCJS inspector noted that, on the day of inspection, inmates had been held in holding cells for more than the allowed 48-hour-period. The TCJS inspector also noted that jail documentation revealed that Uvalde County jail jailers did not conduct observations of inmates in a restraint chair every 15 minutes as required by minimum jail standards. The TCJS inspector also learned that documentation did not verify that inmates were consistently provided 24 hours written notice of a claimed violation or charge. Inmate interviews and grievance documentation also showed that jail administration did not consistently provide the 15-day interim response as required and at times the administration exceeded the maximum time limit of 60 days to respond to inmate grievances.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Harris County, Texas Jail in Houston Fails State Inspection

DM County Jail 1

The Harris County jail, in Houston, Texas, failed an inspection conducted by the Texas Commission on Jail Standards (“TCJS”) in late 2020. TCJS inspectors noted that documentation from the jail reveal that face-to-face observations were not performed on inmates by jailers no less than once every 60 minutes as required by the TCJS. TCJS inspectors also learned that observations were not performed at 30-minute intervals where inmates were known to be assaultive, potentially suicidal, mentally ill, or who have demonstrated bizarre behavior. Hopefully, the Harris County jail, which houses hundreds of inmates, will remedy these problems and avoid inmate injury and/or death.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Harrison County, Texas Jail Fails State Inspection

Inside The Old Idaho State Penitentiary

The Harrison County jail, in Marshall, Texas, failed an inspection by the Texas Commission on Jail Standards (“TCJS”). The inspection occurred over two days in December, 2020. The Harrison County jail is not listed as being non-compliant.

The TCJS inspector noted, after reviewing medication administration records, that the jail failed to show that medications were being distributed to inmates in accordance with written instructions from a physician. Further, the TCJS inspector learned, when reviewing inmate medical records, that medication for an inmate was stopped after seven days even though the medication had been prescribed for ten days by a physician.

In addition to medication problems, the TCJS inspector noted that the Harrison County jail had restraint chair logs indicating that staff exceeded the required 15-minute observation by as little as one minute by up to 22 minutes on multiple occasions. Shockingly, the TCJS inspector learned that there was no documented face-to-face observation of inmates housed on the fourth floor of the main jail facility on the day of the inspection, and no documentation of face-to-face observations for the period of time beginning November 1, 2020 and concluding December 15, 2020.

These are serious minimum jail standards violations. It is violations like these which can lead to inmate serious injury or death.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Wrongful Death, Neglect, and Abuse in Jail Lawyer/Attorney in Texas: Newton County Jail

Newton County Jail is in Newton, Texas 75966 at 110 Court Street. The jail can be contacted at the phone number (409) 379-3636. The inmate capacity at Newton County Jail is 14. The Newton County Sheriff handles jail operations according to guidelines provided by the Texas Commission on Jail Standards (TCJS). The Commission also enforces minimum jail standards, chiefly through annual jail inspections of Newton County Jail and all other city and county jails in Texas. TCJS adds increased oversight to non-compliant jails.

Restraints

Different types of restraints have been approved by TCJS for use by jailers in Newton County and throughout Texas. Jail standards detail the circumstances in which restraints can be used as well as other specifics. For instance:

  • Restraints cannot be used as a form of punishment. The only approved purposes for using restraints are to prevent injury, whether to the inmate or to others, and to control disruptive inmates behaving bizarrely.
  • The rules for use of restraints specify that an inmate cannot be strapped into a restraint chair solely because he or she is in a suicidal state.
  • The decision to place an inmate in restraints belongs only to supervisory personnel and medical professionals.
  • At all times, restraints must be used in a humane manner.
  • All aspects of using restraints in a jail must be documented in detail.

This website purposes to provide helpful information with every post. There is never an intention to imply that wrongs have occurred on the part of an organization, institution, or individual.

–Guest Contributor

author avatar
smchugh

Lambert Sabrsula Dies After Being in Bexar County Jail

Inside The Old Idaho State Penitentiary

The Bexar County Sheriff’s Office filed a report with the Attorney General of Texas regarding the death of Lambert Sabrsula. Mr. Sabrsula was only 45 years old at the time he died. We provide in this post information obtained from that report and we do not do so to allege any wrongdoing against anyone regarding Mr. Sabrsula’s death.

The summary portion of the report reads:

“On November 28, 2020 at approximately 0437 hours, a Code 1 Blue was activated in unit CB after Deputy Steele observed Inmate Sabrsula, Lambert 1141526 lying on the floor of his assigned cell unresponsive. Cpl. J. Medrano #2903 responded with SERT. SERT Officer L. Martinez #4622 performed CPR until relieved by medical staff. CPR was assumed by EMS upon their arrival to the facility at approximately 0500 hours. At 0514 hrs, Paramedic M. Davis pronounced Inmate Sabrsula deceased. Bexar County CID notified. Medical Examiner Petter arrived at 0720 hours; at 0745 hrs, Inmate Sabrsula was transported from the facility via contract ambulance. TCJS was notified via email of the inmate’s death.”

The report also indicates that Mr. Sabrsula was originally incarcerated on November 13, 2020 at approximately 9:16 a.m. Presumably, based upon our experience handling jail and death cases in Texas, the Bexar County District Attorney’s Office will conduct an investigation of Mr. Sabrsula’s death, along with an investigator with the Bexar County Sheriff’s Office. Likewise, the Texas Commission on Jail Standards will look into Mr. Sabrsula’s death to determine whether there was a violation of any minimum jail standards.

Texas inmates, who have not gone to trial and/or been convicted of anything, have rights pursuant to the 14th Amendment to the United States Constitution. Those rights include rights not to be punished, to receive reasonable medical care, and to be protected from themselves and others. When jailers, cities, and/or counties violate these rights, and someone dies as a result, they may be liable to certain surviving family members.

author avatar
Dean Malone Lead Trial Lawyer - Jail Neglect
Education: Baylor University School of Law

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.

Wrongful Death, Neglect, and Abuse in Jail Lawyer/Attorney in Texas: Lipscomb County Jail

Lipscomb County Jail is in Lipscomb, Texas 79056 at 105 Oak St. The jail can be contacted at the phone number (806) 862-2611. The bed capacity at Lipscomb County Jail is 13. The Lipscomb County Sheriff has the duty of handling jail operations. The Texas Commission on Jail Standards (TCJS) is in charge of determining the standards to which jails in the Lone Star State must adhere. Enforcement is primarily handled via jail inspections and follow-up inspections for non-compliant jails.

The Right to Medical Care

Inmates in Texas jails have a right to receive necessary mental, dental, and medical health care. According to TCJS, which manages complaints against jails and follows up on most, has long reported that the majority of complaints are related to medical services.

A county jail in Texas came under public scrutiny during a period in which health care services to inmates was the subject of frequent complaints. One inmate at that jail had a brain abscess removed, and the problems he encountered included the following:

  • Antibiotics were not distributed as prescribed.
  • Gnats were in an unsanitary waiting room where he waited for cleaning of his oozing incision, and the insects swarmed his wound.
  • In spite of complaints about excruciating headache pain, he was not given an appointment with a doctor.

Denial of health care services to inmates in county Texas jails amounts to a denial of civil rights.

On this website, the purpose of posts is to provide helpful information. There is never an intention to suggest that a person or institution has engaged in any sort of misdeeds.

–Guest Contributor

author avatar
smchugh