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Young County, Texas Jail Out-of-Compliance with State Standards

3d interior of a general jail

The Young County jail, in Graham, Texas, received a notice of non-compliance from the Texas Commission on Jail Standards (TJCS) after a recent death of a detainee in that jail. While the notice of non-compliance does not mention the name of the detainee, based upon our law firm’s understanding of the timing of the notice of non-compliance, it appears that the decedent referenced in that notice was Brandon Kyle Taylor. Mr. Taylor was only 31 years old at the time of his death.

The TCJS notice of non-compliance indicates that the Young County jail violated at least two minimum jail standards. First, after reviewing documentation, the TCJS determined that while a magistrate was notified as required by Texas law, there was no documentation indicating that mental health officials were notified as required. Second, after reviewing documentation and video received after the custodial death, the TCJS determined that while jailers made observation rounds, jailers did not see the decedent face-to-face as required by minimum jail standards. Moreover, documentation provided to TCJS by Young County indicated that the decedent should have been observed at minimum 30-minute intervals due to reported mental health and behavioral issues demonstrated by him.

We unfortunately see, while handling jail death cases across Texas, that jails frequently violate not only TCJS standards but standards resulting from constitutional rights. Jail experts can inform juries as to these standards in cases in which family members pursue claims related to death of their loved ones.

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.

Vincent Leyva Dies After Incarceration in El Paso, Texas Jail

DM County Jail 1

The El Paso County Sheriff’s Office filed a report with the Attorney General of Texas regarding the death of Vincent Leyva. Mr. Leyva was only 42 years old at the time of his death. We provide information we obtained from that filed report, and we make no allegation of any wrongdoing against anyone.

The summary portion of the report reads in its entirety:

“Date of Incident: 05/05/2023 @ 0648 Hours Location: El Paso County Detention Facility 601 E. Overland Ave. El Paso, TX. Name of Inmate: Julian Torres/DOB: XX/XX/1982 SS# XXX-XX-XXXX Investigator: Detective Jorge Andrade (915) 538-2174 Texas Ranger Gustavo Sanchez Details: On 04/14/2023 at approximately 0530 hours, Torres was booked into the Downtown Detention Facility. Torres was later assigned to a single cell (lock down) under administrative separation, 720 4L. On 05/ 02/20233 at approximately 1235 hours, officers were conducting a security check and discovered Torres lying face down on the cell floor with facial injuries and unresponsive. Medical Staff was requested to provide aid. Emergency Medical Technicians with the El Paso Fire Department were also requested and transported Torres to Las Palmas Hospital. While at the hospital, Torres was revived and admitted to the Intensive Care Unit on life support. On 05/05/2023 at approximately 0648 hours, despite medical efforts Torres was pronounced brain dead.”

Oddly, in response to the question whether Mr. Leyva exhibited any mental health problems, El Paso responded, “Unknown.” Moreover, El Paso County was cited for being out of compliance with Texas Commission on Jail Standards requirements. A notice of non-compliance read in part, “Video and documentation reviewed for a custodial death revealed jailers failed to notify medical of the need for possible acute and emergency care of inmate Vincent Leyva.” Our law firm is handling another lawsuit against El Paso County, and we are expected to go to trial in the next few months.

The United States Constitution requires jails across Texas to provide reasonable medical care to pretrial detainees and inmates. If a jail fails to do so, and a person dies as a result, then certain family members may be able to file a federal civil rights lawsuit. Our jail neglect firm, in addition to the lawsuit against El Paso County, is handling a number of such cases across Texas.

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.

Ruthie Jean Fisk Dies in Lubbock County Jail

DM Corridor in County Jail with inmate and deputy 1
Prison guard escorts inmate through corridor in jail corridor for booking after arrest.

The Lubbock County Sheriff’s Office, in Lubbock, Texas, filed a report regarding the custodial death of Ruthie Jean Fisk. Ms. Fisk was only 49 years old at the time of her death. We provide information we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The summary portion of the report reads in its entirety:

“On April 6, 2022, at approximately 1710, officers were doing a jail security check in the Medical Center housing area. When officers arrived to cell MC-18, they noticed Inmate Ruthie Fisk, laying face down on the floor, and would not respond to commands. A radio call for unresponsive inmate was announced. Medical staff, officers and supervisors responded to the area. Medical personnel began evaluation of the inmate and began lifesaving measures. Emergency Medical Services (EMS) were called and responded. Lifesaving measures continued until EMS pronounced Inmate Fisk deceased at 1756.”

The report further indicates that Ms. Fisk exhibited mental health problems and medical problems during the incident and/or entry into the jail. The report provides no information at all regarding why Ms. Fisk was in a medical housing area, what if any pre-existing medical issues she had, and/or specifics regarding her mental health issues.

Our society unfortunately continues to incarcerate mentally ill people in jails across Texas. This has become a significant problem, as people who have been convicted of nothing, and who suffer serious mental health issues, should not be housed in jails. While we have no information regarding the extent of any mental health issues regarding Ms. Fisk, we have learned, through representing a number of people across Texas in federal civil rights lawsuits, of this significant problem.

Mental health issues aside, the United States Constitution requires jails and medical personnel who have people in custody to provide reasonable medical and mental health care. If they fail to do so, and a person dies as a result, then certain family members may be able to file a federal constitutional rights lawsuit.

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.

In Atascosa County an Inmate May Have Died of Alcohol Detoxification-Pt.4

DM Jail Corridor
Inside The Old Idaho State Penitentiary

Nancy Crystal Lopez died at age 38 on May 5, 2023, in the custody of Atascosa County Jail. The information that summarizes events surrounding her death continues here. In the safety cell she had been moved to in the jail, Ms. Lopez had another seizure at 6:00 AM. She was closely watched, and more details were provided about her condition, but there is no mention of receiving treatment until the jail nurse checked on her at 7:37 AM. The nurse couldn’t find a pulse and reported that Ms. Lopez was not breathing. The nurse immediately asked officers to grab the AMBU bag while instructing officers to call for emergency medical services.

An Autopsy Shows that a County Jail Inmate Died of the Effects of Heroin Withdrawal Continued

Forty minutes after the nurse left without taking vital signs, the inmate pressed the emergency button again, but it was allegedly ignored. At 5:20 AM, he crawled to the door of his cell, vomited, and became unconscious while lying on his back.

A deputy discovered the inmate 5 minutes later. The deputy noted that the inmate’s skin was grayish in color, and he had trouble breathing. The jailer attempted to speak to the inmate and allegedly kicked him several times, but the inmate only moaned in response.

Finally, at that point in time, emergency medical services were called. It was too late, though, because lifesaving measures were unsuccessful and he was pronounced deceased at 6 AM.

Learn more in Part 1, Part 2, Part 3, and this continuing series.

Helping Texas jail detainees and their families with resources is one of the purposes of this website. There is no intention of suggesting that people or organizations have been involved in misdeeds.

–Guest Contributor

author avatar
smchugh

In Atascosa County an Inmate May Have Died of Alcohol Detoxification-Pt.1

DM Jail Corridor
Inside The Old Idaho State Penitentiary

Thirty-eight-year-old Nancy Crystal Lopez was booked into Atascosa County Jail at 5:28 PM on May 2, 2023. She died in the jail’s custody on May 5 at 12:15 AM, less than 56 hours later. The address of Atascosa County Jail is 1108 Campbell Ave., Jourdanton, Texas 78026.

An Inmate in a County Jail Dies of Alcohol Withdrawal

A 37-year-old man who was booked into a county jail outside of Texas was well known for his alcohol dependency. He had been detained at the jail several times, and each time he was placed on alcohol withdrawal and detoxification treatment. However, on the latest occasion, he was not placed on alcohol detoxification protocols, nor was he monitored or assessed for alcohol withdrawal while waiting for the completion of the intake process.

This jail had been cited by a federal agency for a chronic shortage of medical personnel and medical treatment areas that were in dirty, cluttered, and sometimes filthy conditions.

The inmate reportedly told the intake nurse about his history of alcohol abuse and alcohol withdrawal. Having not received treatment for alcohol intoxication, two days later he had a seizure and died.

Diagnosing alcohol intoxication can include admitted or known alcohol ingestion, behavioral changes, slurred speech and other clinical signs, memory loss, incoordination, and nystagmus, which is defined by abnormal, involuntary eye movements.

Learn more in this ongoing series.

Helping Texas jail detainees and their families with resources is one of the purposes of this website. There is no intention of suggesting that people or organizations have been involved in misdeeds.

–Guest Contributor

author avatar
smchugh

Nancy Crystal Lopez Dies After Incarceration in Atascosa County Jail

DM Jail Corridor
Inside The Old Idaho State Penitentiary

The Atascosa County Sheriff’s Department, in Jourdanton, Texas, filed a report regarding the custodial death of Nancy Crystal Lopez. Ms. Lopez was only 38 years old at the time of her death. We provide in this post information we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The summary portion of the report reads in its entirety:

“On 05/02/2023 decedent was arrested and booked into the Atascosa County Jail for Public Intoxication. When deputies arrested decedent a EMS unit was contacted and made scene, decedent refused medical assistance. The Jail Nurse assessed decedent and accepted her into the facility. Decedent was placed in a detox cell initially then placed in a holding cell. At around 5:17am 05/03/2023 decedent had what appeared to be a seizure while in the holding cell. Corrections Officers responded to the incident and placed decedent in a wheel chair, and put her in the open booking area while officers monitored her closely. Decedent was taken to the dress out area by officers due to her urinating on herself. After decedent was changed out, the shift supervisor made the decision to place the decedent in the safety cell. At approx. 6:00am decedent had what appeared to be another seizure. Decedent was watched closely by staff until she was moved from the safety cell at approx. 06:13am. Decedent appeared to be conscious moving her head and torso, while looking around the cell at approx. 06:35am. At around 07:03 decedent was sitting facing the door of the cell. At approx. 7:04am decedent appeared o have another seizure. At around 7:10am the shift supervisor called the day nurse to report the events involving decedent. At approx. 7:37am the day Jail Nurse checked on decedent. The nurse tried communicating with decedent and checked for a pulse and respirations. The nurse advised that decedent was not breathing and did not have a pulse. The nurse immediately asked officers to grab the AMBU bag Custodial Death Report :: Page 7 of 7 while also instructing officers to call for an EMS. The nurse and shift supervisor began life saving measures. EMS arrived at the jail and was in route to the local hospital at 8:04am. Decedent was released to family once at the hospital. On 05/05/2023 the Jail Administration was advised that decedent had passed away.”

As is the case with so many jail death cases we see across Texas, Ms. Lopez was arrested only for Public Intoxication.

Texas jails are required to provide medical care to arrestees. When they fail to do so, and the failure is due to a policy, practice, and/or custom of a county, or the deliberate indifference and/or unreasonableness of jailers and/or medical personnel, and a detainee dies as a result, then certain family members may be able to bring a federal constitutional rights lawsuit. We are litigating several such cases across Texas.

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.

A 30-Year-Old Inmate in Travis County Jail Commits Suicide~Pt.2

DM County Jail

On May 8, 2023, the Travis County Sheriff’s Department filed a custodial death report (CDR) about Andres Alberto Villarreal-Salguero. Mr. Villarreal-Salguero died in the jail on September 27, 2022. The CDR was supposed to have been filed within 30 days of his death, but it was filed eight months after the death of Mr. Villarreal-Salguero. The Travis County Sheriff’s Department is located at 5555 Airport Blvd., Austin, TX 78751.

Jim Hogg County Jail is Cited for Noncompliance in a January 2022 Jail Inspection Report

Rule §273.5~Mental Disabilities/Suicide Prevention Plan. Jim Hogg County Jail was allegedly noncompliant with Rule §273.5(a)(1)~Training. Provisions for staff training (including frequency and duration) on the procedures for recognition, supervision, documentation, and handling of inmates who are mentally disabled and/or potentially suicidal. Supplemental training should be provided to those staff members responsible for intake screening.

  • Interviews with the Jim Hogg County Jail staff revealed that they had not received Suicide Prevention Training in the last 12 months in accordance with the approved Mental Disabilities/Suicide Prevention Operational Plan.

Suicide Prevention Training

Training of jail staff members is a crucial element of suicide prevention. The U.S. Marshals Service provides the following information about a 32-hour suicide prevention training for correctional facility staff:

  • Participants in the training program should be able to recognize whether the characteristics of a correctional facility are known to foster suicide.
  • Trainees should be able to list signs and symptoms of an inmate who may be suicidal, such as depression.
  • Become familiar with the times when an inmate is an increased suicidal risk, such as the first 24 hours of incarceration.
  • Recognize the events that are known to trigger a possible suicide, such as a distressing phone call.
  • Be prepared with knowledge about how to respond to an actively suicidal inmate.
  • Come to an understanding of the importance of early suicide intervention.

The goal of providing information on this website is to help Texas inmates who are now or have previously been prisoners in county or municipal jails in the state. Making allegations that entities or persons have been involved in wrongdoing is never an intention.

–Guest Contributor

author avatar
smchugh

Andres Alberto Villarreal-Salguero Dies in Travis County Jail

3d interior of a generic jail

The Travis County Sheriff’s Department, in Austin, Texas, filed a report regarding the custodial death of Andres Alberto Villarreal-Salguero. Mr. Villarreal-Salguero was only 30 years old at the time of his death. We provide information we obtained from that report, and we make no allegation of any wrongdoing against any specific person.

The report indicates that Mr. Villarreal-Salguero died by suicide. The summary portion of the report reads in its entirety:

“An officer discovered the decedent hanging in his cell and unresponsive during a post visual. He was cut down, life saving measures were attempted without success, and he was pronounced deceased.”

The report also indicates that Mr. Villarreal-Salguero exhibited mental health problems, exhibited medical problems, and made suicidal statements. The report provides no information regarding any ongoing mental health issues and/or any statements Mr. Villarreal-Salguero made regarding suicide.

The United States Constitution requires that counties protect Texas inmates from known suicidal and/or other self-harm tendencies. If a county has policies, practices, and/or customs which result in the death of a person by suicide, and/or county officials are deliberately indifferent to known suicidal and/or self-harm tendencies, then certain surviving family members may be able to bring a federal constitutional lawsuit. Our civil rights firm is litigating a number of unfortunate jail suicide cases across Texas.

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.

Kevin Marlon Myers Dies in Taylor County, Texas Jail

DM Corridor in County Jail with inmate and deputy
Prison guard escorts inmate through corridor in jail corridor for booking after arrest.

The Taylor County Sheriff’s Office, in Abilene, Texas, filed a report regarding the custodial death of Kevin Marlon Myers. Mr. Myers was only 37 years old at the time of his death. We provide information we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The summary portion of the report reads:

“On Saturday April 29, 2023 inmate Myers was found in his single cell alone at approx. 1433 hrs. laying on the floor. When officers checked on him, he was unresponsive with no pulse. CPR and AED were administered by our staff. Fire and EMS arrived and continued the life saving efforts, but were not successful. EMS stopped all efforts at 1514 hrs. JP was notified and an autopsy was ordered. Time of death was pronounced at 1514 hours. Texas Ranger Josh Burson is conducting the investigation.”

The report provides no information regarding any preexisting medical conditions and/or any ongoing medical treatment for Mr. Myers.

Texas jails are required to protect detainees from themselves and others. This requirement arises from guarantees pursuant to the United States Constitution. The United States Constitution requires Texas jails to provide reasonable medical care and mental health care to inmates. If a jail, jailers, and/or medical personnel fail to do so, then they as well as their employer-county could be liable for claims related to the death of an inmate. In such a case, certain surviving family members may be able to bring a federal civil rights lawsuit. Our law firm is litigating a number of such cases across Texas.

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.

Are County Jail Suicides Occurring More Often?-Pt.18

DM Inside a jail cell

A Warning Call Falls on Deaf Ears Continued

On the day the man died, his family called the jail and spoke to a deputy. They recounted details of a conversation they had had earlier that day. The deputy provided a written statement that he had determined mental staff did not need to be notified to conduct an immediate evaluation because the inmate never stated explicitly that he was going to commit suicide. Just hours later, a jailer found the man hanging in his cell. He was pronounced deceased two days later.

Local Jail Suicide Statistics

In the study covering the years 2001 to 2019, 5% to 8% of the suicides occurred among state and federal prisoners. For local jails, that number was much higher, with 24% to 35% of suicides occurring in local jails The first weeks of incarceration are particularly high risk, with 66% of suicides occurring within the first month of incarceration. Suicides occurred within the first week of incarceration 44% of the time.

Local jails have high rates of suicide, experts say, because of the trauma of being arrested and loss of freedom. The case above calls into question whether institutions have provided proper training and policies to assess risks for the purpose of preventing suicides.

See Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10, Part 11, Part 12, Part 13, Part 14, Part 15, Part 16, and Part 17 of this continuing series to learn more.

Helping Texas jail detainees and their families with resources is one of the purposes of this website. There is no intention of suggesting that people or organizations have been involved in misdeeds.

–Guest Contributor

author avatar
smchugh