Category: Medical Care

The Hidalgo County Sheriff’s Department filed a custodial death report regarding the death of Anthony Lee Villarreal. Mr. Villarreal was only 25 years old at the time he died. We provide information in this post obtained from that report, and we make no allegation that anyone did anything wrong and which caused Mr. Villarreal’s death. The custodial death report does not provide sufficient information to make such a determination.

The Hidalgo County jail is in Edinburg, Texas. The report regarding Mr. Villarreal’s death did not include answers to the following: Death Code, Manner of Death Description, Custody Code, Code of Charges, Intoxicated, and Mental Treatment Description. The report did indicate that Mr. Villarreal did not make suicidal statements, did not receive medical treatment, did not exhibit any medical problems, and did not exhibit any mental health problems.

            The summary portion of the report read in its entirety:

“Inmate Anthony Lee Villarreal was arrested on October 06, 2010 at approximately 5:07 pm, on a Hidalgo County’s 389th District Court warrant for Aggravated Assault with a Deadly Weapon and was booked into the Hidalgo County Jail. On 10-10-2020 at approximately 1:25 am, inmate was removed from housing cell block and transferred to jail infirmary. Medical log noted that inmate had a seizure for about 2 to 3 minutes. Inmate had soiled from both bowel and bladder. Inmate was agitated and aggressive and disoriented. Inmate was placed in a restraint chair to avoid self-harm or injury. At 1:38 am inmate had another seizure and was removed from restrain chair. EMS personnel was called to jail for transport to medical facility. At 2:12 am, inmate was transported to Edinburg Regional Hospital by ambulance. At approximately 3:20 am hospital personnel called jail to inform that inmate had arrived at emergency room in cardiac arrest and was placed on life support in the Intensive Care Unit. At 7:40 am, inmate passed away. Sheriff’s Office Investigators responded to the Hospital along with Texas Rangers to investigate the inmate’s death. Hidalgo County Pct. 5 Justice of the Peace Jason Pena pronounced the inmate dead at 11:10 am and ordered an autopsy.”

It is uncertain as to what happened to Mr. Villarreal in jail from October 6, 2020 through October 10, 2020. We assume that the year 2010 reference in the summary above is a typographical error. Texas County Jail inmates have a constitutional right to receive reasonable medical care and mental health care. They also have the right to be protected from themselves and others. The Texas Commission on Jail Standards requires that county jailers observe inmates on a periodic basis, and see those inmates face-to-face. We are uncertain as to what, if any, observations were made of Mr. Villarreal before his emergency medical episode.

            The 14^th Amendment to the United States Constitution is the source of guarantees described above. If a person dies in a Texas county jail, and jailers were deliberately indifferent and/or acted objectively unreasonably, and/or the custom, policy, and/or practice of the county was a moving force behind and/or caused the death, then certain surviving family members may be able to bring a federal lawsuit for damages. These lawsuits are usually filed by constitutional rights attorneys and are typically litigated in federal court.

The Dallam-Hartley County jail, in Dalhart, Texas, failed a recent inspection by the Texas Commission on Jail Standards (“TCJS”).  TCJS inspectors inspected the jail on September 24, 2020.

It is important that Texas jails be prepared to handle emergency situations regarding inmates.  However, TCJS inspectors found that the Dallam-Hartley County jail violated a jail standard found in Section 263,  .41, of Texas minimum jail standards. 

That standard requires that staff be trained for emergency situations, such training being provided immediately upon employment and no less than each calendar quarter.  This training is for all jail personnel, and it includes fire, emergency, evacuation drills, and location and use of equipment.  Inspectors noted a deficiency from the 2019 annual inspection of the Dallam-Hartley County jail, and that the deficiency still existed.  All Dallam-Hartley jail staff were not trained in life safety and emergency procedures for the fourth quarter of 2019.  Hopefully, the Dallam-Hartley County jail will bring itself into compliance with bare minimum jail standards.

The Texas Commission on Jail Standards (“TCJS”) recently conducted an inspection of the Starr County jail in Rio Grande City, Texas.  The Starr County jail was found to be non-complaint as a result of the September 25, 2020 inspection.

It is vitally important that jailers in Texas County jails make appropriate observation of inmates.  This is to assure that suicidal inmates do not engage in self-harm, and as well to assure that inmates who might need medical care and/or mental health care, which are required by the United States Constitution, receive such care.  However, the TCJS inspector found that, in the Starr County jail, face-to-face observations were not conducted within 15 minutes as required at the time inmate Alberto Pena was found unresponsive in the WRAP restraint system.

We are uncertain as to whether the actions or inaction of Starr County jail staff led to the death of Alberto Pena.  Regardless, the TCJS found that Starr County jail staff violated minimum standards promulgated by the TCJS and which related to Mr. Pena.

Aside from what happened to Mr. Pena, the United States Constitution guarantees the right of inmates in Texas county jails to receive reasonable medical care, not to be neglected, and not to have excessive force used against them.  If these constitutional rights are violated, and a person dies as a result, certain surviving family members may be able to bring a civil lawsuit for damages. Such lawsuits are usually filed in a Texas federal court by a civil rights lawyer.

The Crosby County jail, in Crosbyton, Texas, recently failed an inspection by the Texas Commission on Jail Standards (“TCJS”).  Therefore, the Crosby County jail, operated by the Crosby County Sheriff’s Office, is now listed as being non-compliant by the TCJS. 

Suicide in jails across Texas, as well as throughout the nation, is a significant problem.  However, the TCJS inspector found that suicide training for employees at the Crosby County jail had not been conducted since November 2018.  The Mental Health Operational Plan requires staff to receive four hours of suicide training annually. 

The TCJS inspector also noted that there had been no searches for contraband in the Crosby County jail during the months of March, April, and May 2020.  This issue had been noted in a prior inspection and apparently not remedied.  Hopefully, the Crosby County jail will bring itself into compliance with bare minimum jail standards.

The Crockett County jail, in Ozona, Texas, failed a Texas Commission on Jail Standards (“TCJS”) inspection on September 10, 2020.  Our office reviews a number of jail inspection reports each year, as we represent families of those who are seriously injured and/or die in Texas county jails, and city and town jails and holding facilities.  The report regarding the Crockett County jail’s failure to comply with minimum jail standards has significantly more issues than we typically see in such a report.  The TCJS inspector noted violation of ten standards in her report.

The inspector was unable to verify quarterly fire drill training for Crockett County, Texas jail employees for the last quarter of 2019.  Moreover, documentation provided to the inspector for review did not show that emergency power equipment was tested on a full-load transfer at least monthly, as required by minimum jail standards.  Jail administration was also unable to provide evidence of fire drill and air pack training for the last quarter of 2019. 

The TCJS inspector also noted that Crockett County jail inmates were not consistently classified before being housed in the jail.  Moreover, custody reassessments were not conducted within thirty to ninety days after the initial custody assessment.  This is required pursuant to minimum jail standards.  Jail administration also could not produce any classification audits for the year.

Cell searches for contraband had not been documented and maintained since December 27, 2019.  Further, jail administration could not provide documentation showing that inmate food menus were approved by a licensed dietitian since year 2018.  The inspector also saw trusty inmates preparing meals for inmates in the kitchen, unsupervised.  Finally, recreation documentation provided to the TCJS inspector for review did not demonstrate that inmates were provided recreation as required by minimum jail standards.  Hopefully, the Crockett County jail in Ozona, Texas will bring itself into compliance with minimum jail standards.

The Sherman County jail, in Stratford, Texas, failed an inspection by the Texas Commission on Jail Standards (“TCJS”), on September 23, 2020.  The Sherman County, Texas jail is now listed as being non-compliant by the TCJS.  

TCJS inspectors found that the Sherman County, Texas jail violated a minimum jail standard requiring inmates confined in a holding cell or a detoxification cell to be observed by facility personnel at intervals not to exceed 30 minutes.  The inspectors noted that, after reviewing observation logs of inmates in holding/detox cells, jail staff were not conducting 30-minute face-to-face observations of inmates on a regular basis.

TCJS inspectors also determined that inmates were not receiving required physical exercise, as mandated by Texas minimum jail standards.  Inmates are also not receiving access to sunlight at least one hour each week, as required by minimum jail standards, and human decency.  Hopefully, the Sherman County, Texas jail will bring itself into compliance with Texas minimum jail standards. 

The Harris County Sheriff’s Department filed a custodial death report with the Attorney General of Texas about the death of David Perez.  Mr. Perez was only 29 years old at the time of his death.  We provide in this post information obtained from thar report, and we make no allegation of any wrongdoing against anyone regarding Mr. Perez’s death.

The report indicates that Mr. Perez was arrested on September 9, 2020, and passed away at 2:45 p.m. on September 15, 2020.  The Harris County Sheriff’s Department, in Houston, Texas, failed to provide any information in response to the following fields in the custodial death report: death code, manner of death description, custody code, code of charges, intoxicated, and medical treatment description.  Amazingly, the Harris County Sheriff’s Department answered “Unknown” in response to the following fields: make suicidal statements, medical treatment, exhibit any mental health problems, and exhibit any medical problems. 

The summary in the report reads in its entirety:

“On September 9, 2020, the decedent was arrested for Violation of a Protective Order and was booked into the Harris County Jail. On September 13, 2020, at approximately 11:27 p.m., the decedent was discovered unresponsive in his single-cell and CPR was started. The decedent was transported to the clinic with ongoing CPR, and the Houston Fire Department was called. Houston Fire Department paramedics transported the decedent to St. Joseph Hospital on September 14, 2020. At approximately 4:36 p.m., a doctor declared the decedent was brain-dead. On September 15, 2020, Neurologist Murphy pronounced death as the decedent was an organ donor.”

It is unclear from the report as to the cause of Mr. Perez’s death.  Jail inmates in Texas are entitled, pursuant to the United States Constitution, to receive reasonable medical care and mental health care.  If a jail fails to provide such care, and its policy, practice, and/or custom results in the death of an inmate, then certain surviving family members may be able to bring a lawsuit.

Another family that is fighting to expose what happened to their loved one who committed suicide in jail talks about the records reflecting his repeated expressions of suicidal thoughts. The focus of the problem is that after the man hung himself, the follow-up investigation said that no violations were committed by the jail. The family fought and received access to additional records surrounding the custodial death. Those records imply that the suicidal inmate encountered total deliberate indifference with regard to his vulnerable situation.

Although the inmate was on the 15-minute watch for suicidal prisoners, the way checks were made is considered evidence of inadequate supervision. Records reflect that jail staff checked on him from a catwalk on one end of his cell. They were looking through a small window that provided an obstructed view. The window they looked through was so small, there was no way to see the entirety of the cell.

These required in-person well-being checks have been categorized as inadequate to the point they were like no checks at all. This finding is used to indicate how deeply the jail needs greater accountability. Even though there was a jail inspection to investigate procedures after the custodial suicide occurred, no problems were identified and no problems were corrected.

See Part 1 and Part 2 of this ongoing series.

Jails have a duty to uphold inmates’ constitutional rights. If any custom, policy, or practice within a jail causes a custodial death and is determined to be unconstitutional, a jail can be sued.

This post is meant as an informational resource, and there is no intention for this or any other post on this website to suggest or imply misconduct or wrongdoing on the part of any individual or governmental institution.

–Guest Contributor

Archer County Jail and the Archer County Sheriff’s Office are located at 100 Law Enforcement Way, Archer City, Texas 76351. The phone number is (940) 574-4302.

The jail in Archer County Jail is run by the Sheriff’s Office and has a 48-bed capacity. The jail is required to follow jail standards as provided by the Texas Commission on Jail Standards (TCJS), and there are routine jail inspections to determine whether jail standards have been violated.

Texas jail standards go into detailed procedures designed to ensure that inmates are not denied any of their constitutional rights. The TCJS website makes information readily available that pertains to some of the commonly violated jail standards in the state, such as instructions on how to complete the form related to suicide, medical, and mental development impairments.

Non-compliance in Texas jails is often related to intake screening. There were three primary goals when the screening form was recently revised:

• Create an objective suicide risk assessment that includes clear instructions as far as when front-line personnel should notify mental health providers, superiors, and magistrates.
• Assist sheriff’s in meeting all statute requirements, such as Code of Criminal Procedure §16.22.
• Ensure that the forms are user-friendly in consideration of the range of experience of jailers in Texas counties.

This post and all posts on this site are provided for informational purposes only. There is no intent to suggest or assert wrongdoing or misconduct on the part of Archer County Jail or any person or institution.

–Guest Contributor