Category: Medical Care

A large volume of information has been collected in complaint against the alleged behavior of staff members and administrative actions in a county jail in the U.S., particularly the alleged gross failure of the jail staff to care for the mental health of mentally at-risk inmates. For perspective, see the following information that touches on Texas jail standards related to inmates with mental disabilities and/or possible suicidal tendencies:

• The booking process as inmates are entering a city or county jail in Texas includes intake screening to identify individuals who may be mentally disabled and/or potentially suicidal. Once it has been determined that an individual does have mental or suicidal issues, they should be set apart from the general population. At-risk inmates are supposed to be managed in a way that minimizes threats of harm and injury. Texas jail standards specify that restraints must be used humanely and only to prevent injury. They are not to be used punitively.

To weigh the general idea of protecting mentally at-risk inmates against the alleged behavior of this county jail outside of Texas reveals a shocking contrast. The following are among the claims made by current and former inmates with mental health issues housed at that facility:

• The jail staff maintains an environment in which the inmates are mocked, abused, and belittled.
• Solitary confinement is excessively used for mentally disabled inmates.
• Inmates are restrained in restraint chairs for hours at a time.
• Officers imply that inmates should kill themselves.
• Following suicide attempts, patients are punished.

As a result of the way the mentally impaired inmates are treated, they allegedly suffer the following:

• Decompensation
• Psychological pain
• An elevated risk of self-harm
• An increase in disciplinary infractions
• Excessive use of force by the staff

See this continuing series to learn more about this disturbing story. Inmates do not lose their constitutional rights because they have been incarcerated. County and city jails in Texas have a responsibility to uphold the constitutional rights of every inmate.

This post, as with all of the posts on the site, is not intended to assert or imply inappropriate behavior or misconduct on the part of any individual or entity. The purpose of the post is to provide information.

–Guest Contributor

News stories about inmate suicides in city and county jails in Texas and across the country are not unusual, but they should be. Mandatory steps are supposed to be taken to identify inmates who are potentially suicidal, and, yet, a common violation of jail standards in Texas involves neglect of those steps. In addition, when an inmate is on suicide watch, additional steps are required by the jail staff to help prevent suicide from occurring. When a custodial death occurs, investigations into the incident revolve around determining whether jail policies and procedures were being followed when the custodial death occurred. Related training is also required.

On May 18, 2020, Zavala County Jail was cited for an alleged violation in a Jail Inspection Report prepared by the Texas Commission on Jail Standards (TCJS). Allegedly, Zavala County Jail failed to provide training related to documenting, supervising, recognizing, and handling inmates who are potential suicide risks or who have a mental disability. TCJS specifically alleges the following with regard to the required 80 hours of suicide prevention training for jailers as part of the state’s Suicide Prevention Plan:

• The administration has allegedly never provided staff members with training and supplemental training in accordance with the approved operational plan. During the 2019 annual inspection of the jail, Zavala County officials received technical assistance on that very issue.

Certain paperwork is to be filled out for each inmate, and the procedure is designed to “flush out” signs that an inmate being booked into jail may be a suicide risk. In a May 4, 2020, Jail Inspection Report by TCJS for Shelby County Jail in Center, Texas, it is alleged that screening procedures designed to identify potentially suicidal and mentally disabled individuals have not been followed as required. Specifically:

• Upon reviewing medical files, it was discovered that the Screening Form for Suicide and Medical/Mental/Developmental Impairments were not properly filled out in its entirety by the jail staff. Also, required notifications are allegedly not being made.

Texas counties and cities owe constitutional duties to inmates and can be sued if an unconstitutional policy, practice, or custom is determined to be the cause of an inmate suicide or any other type of custodial death.

–Guest Contributor

The Grayson County Sheriff’s Department filed a custodial death report with the State of Texas regarding the death of Alyxzandria Elizabeth Smatana.  Ms. Smatana was only 29  years old at the time of her death.  Information in this post was obtained from that report, and we make no allegation of any wrongdoing against anyone related to Ms. Smatana’s death. 

The Grayson County Sheriff’s Department is in Sherman, Texas, as is the Grayson County jail.  The summary of what occurred in the death report was fairly short, and reads in its entirety:

“On 08/18/2020, Alyxzandria Elizabeth Smatana (Inmate) was booked into the Grayson County Detention Facility (GCDF) after she was arrested for possession of a controlled substance in penalty group one, under one gram (heroin). On 08/19/2020, at approximately 2:05 PM, Inmate Smatana began to displayed seizure-like symptoms in her cell. Medical staff performed first-aid measures until Sherman Emergency Medical Services (EMS) transported her to the Wilson N. Jones Regional Medical Center emergency room. On 08/21/2020 at 12:36 PM, Inmate Smatana was pronounced deceased at Wilson N. Jones Regional Medical Center by Justice of the Peace Atherton. The Southwestern Institute of Forensic Sciences in Dallas conducted an autopsy, and the results are pending. The investigation by the Texas Rangers is ongoing into the in-custody death of Inmate Smatana.”

The Grayson County Sheriff’s Department did not provide answers in the report as to the manner of death description, code of charges, medical treatment description, death code, custody code, and whether Ms. Smatana was intoxicated.  However, the report does indicate that Ms. Smatana exhibited mental health problems. 

Unfortunately, it is far too common for young people to die in Texas jails.  Jailers must be aware of medical and mental health needs of people in their care. 

When the Texas Rangers conduct an investigation, as with Ms. Smatana’s death, they do so only to determine whether there is any criminal liability for what occurred.  Aside from criminal liability, jailers, and Texas counties, towns, and cities, can be liable for the deaths of inmates if jailers are deliberately indifferent to, or act unreasonably regarding, a Texas county jail inmate’s medical needs and/or mental health needs, and/or if a town, city, or county has a policy, practice, and/or custom which is a moving force behind, and/or caused, the death of an inmate.  Certain surviving family members have causes of action for such a death, and these rights are established by the United States Constitution.  Depending on when a death occurs, the guarantee may fall under the Fourth Amendment or the Fourteenth Amendment.  Such lawsuits are usually filed in federal court in Texas by a Texas civil rights attorney. 

The Port Isabel Police Department filed a custodial death report with the Attorney General of Texas regarding the death of Sharla Jean Williams.  Ms. Williams was only 48 years of age at the time of her death.  Information in this post was obtained from that report, and we make no allegation of any wrongdoing against anyone regarding Ms. Williams’ death.

The report indicates that Ms. Williams was incarcerated at 6:30 p.m. on June 24, 2020.  The summary of what occurred reads as follows:

“On Thursday, June 25, 2020 at approximately 11:04 A.M., I was in the office when I then heard Laguna Vista Officer James Hernandez #881 say on the radio, “Call EMS, unresponsive female!” I then ran to the booking area and observed Officer Hernandez #881 standing by cell #3. I entered cell #3 and observed a female laying on the concrete bed, on her back with her left arm over her head. I immediately checked for a pulse but there was not one. Female subject, later identified as, Sharla Jean Williams was stiff and cold to the touch. At approximately 11:04 A.M., Port Isabel EMS arrived. Texas Rangers were contacted by Captain Jose Cadengo #202. Texas Rangers advised to secure the scene and for no one to go in there. Laguna Vista Chief Tony David and Commander Ricky Gonzalez arrived at approximately 11:17 P.M. Texas Ranger, Antonio “Tony” Rocha arrived at the scene at approximately 12:11 P.M and took over the investigation.”

The report also indicates that Ms. Williams did not make any suicidal statements and was apparently not receiving medical treatment.  The report also does not indicate whether Ms. Williams was being observed in accordance with Texas Commission on Jail Standards requirements, the cause of her death, or any details as to what led up to being found deceased.

Without regard to Ms. Williams, prisoners in Texas have a constitutional right to receive reasonable medical care.  When a pretrial detainee does not receive reasonable medical care, and jailers or others are deliberately indifferent to and/or act unreasonably regarding such medical needs, then they could be liable to the person, if the person does not pass away.  However, if the person passes away as a result, such jailers and others could be liable to certain surviving family members as a result of the death. 

The Tarrant County Sheriff’s Department, in Fort Worth, Texas, filed a custodial death report regarding the dean of Dean Ray Stewart.  Mr. Stewart was 50 years old at the time of his death. 

Mr. Stewart committed suicide.  However, when reading the report filed by the Tarrant County Sheriff’s Department, one would never know it.  The report is blank in the “Manner of Death Description” section.  The report also contains no Death Code.  The report does indicate that Mr. Stewart did not make suicidal statements and did not exhibit any mental health problems.

Amazingly, even though Mr. Stewart’s situation has been widely reported in the news media, the entire summary in the report regarding Mr. Stewart’s death reads:

“Mr. Dean Stewart was booked into our custody on 04/06/2020, he was evaluated by our medical and MHMR personnel. After the evaluations were completed it was determined the Mr. Stewart would be housed in a single cell for his protection.”

It was also widely reported that the Tarrant County jail was found to be non-compliant by the Texas Commission on Jail Standards as a result of Mr. Stewart’s death.  Apparently, jailers were not observing Mr. Stewart as required by minimum Texas Commission on Jail Standards standards.

The Fourteenth Amendment to the United States Constitution guarantees the right of pretrial detainees, such as Mr. Stewart, to be protected from themselves.  This includes protection from suicidal tendencies.  If jailers were deliberately indifferent to such suicidal tendencies and/or acted in an objectively unreasonable manner, then they could be liable to certain surviving family members.  Moreover, Tarrant County could potentially liable for his death if a policy, practice, and/or custom led to the death.  Such claims are brought pursuant to federal law and are thus typically filed in federal court in Texas.  Tarrant County is in the Fort Worth Division of the Northern District of Texas. 

We recently posted about the death of Richard Edgerton.  Mr. Edgerton was only 49 years of age at the time of his death.  We reported regarding a custodial death report filed by the Houston Police Department on or about September 9, 2019.  The Harris County Sheriff’s Department, in Texas, has now filed a custodial death report with the Attorney General of Texas.  Information in this post was obtained from that report.  We make no allegation of any wrongdoing against anyone related to Mr. Edgerton’s death. 

The latest report indicates that Mr. Edgerton was arrested and charged with possession of a controlled substance on September 5, 2019.  He was booked into the Harris County Jail on that date.

On September 6, 2019, he was assessed by medical personnel.  Mr. Edgerton reported daily heroin use.  Medications were allegedly administered to him, and he was admitted into a medical infirmary for opiate detoxification.  While in a single cell, Mr. Edgerton rolled off of his bunk and laid motionless on the floor.  Medical staff members responded to his cell after being notified by an officer.  Nurses started CPR and transported Mr. Edgerton to a clinic.  The Houston Fire Department responded and transported Mr. Edgerton to a local hospital.  Mr. Edgerton was pronounced deceased at 10:34 p.m.

Pretrial detainees, such as Mr. Edgerton, are entitled to reasonable medical care.  This entitlement is a guarantee pursuant to the 14th Amendment to the United States Constitution.  If jailers are deliberately indifferent to an inmate’s serious medical needs, then jailers can be liable for violating the United States Constitution.  Family members can file post-death claims regarding any such issue.  Once again, this paragraph provides general information and is not necessarily applicable to Mr. Edgerton’s situation.  

The Bowie County jail, in Texarkana, Texas, failed yet another inspection by the Texas Commission on Jail Standards (“TCJS”). The TCJS inspection occurred on August 7, 2019.

The TCJS inspector noted, after reviewing video evidence, in conjunction with self-reporting by jail administration, that only 3 observation rounds were conducted for a certain day between 12:30 a.m. and 8:58 a.m. The report does not specify the reason for the special inspection. However, it is likely due to the recent suicide of a Bowie County jail inmate.

The report notes that the jail violated Section 275, Paragraph .1, of Texas minimum jail standards. That standard requires every county jail in Texas to have an appropriate number of jailers at the facility 24 hours per day. Texas jails must also have an established procedure for documented, face-to-face observation of all inmates no less than once every hour. Moreover, jails must perform such observations at least every 30 minutes in parts of the jail where prisoners are known to be mentally ill, assaultive, potentially suicidal, or who have demonstrated bizarre behavior. There also has to be two-way voice communication capability between inmates and jailers, bailiffs, licensed peace officers, and designated staff at all times. While a jail can used a closed-circuit television, it may not do so in lieu of required personal observations.

Hopefully, the Bowie County, Texas jail will bring itself into compliance. As is unfortunately seen monthly in Texas, if a jail chooses not to be in compliance, it can lead to serious injury or death. When this happens, there is the likelihood that constitutional violations have occurred. This exposes counties and jailers to civil liability.

The Texas City Police Department in Texas City, Texas recently filed a custodial death report with the Attorney General of Texas.  The report was about the death of Christopher Steven McHenry.  Mr. McHenry was 49 years of age at the time of his death.

We do not make any allegations of wrongdoing against anyone.  Instead, we are simply providing information contained in the report.

The report does not indicate the time of Mr. McHenry’s arrest.  However, he was a prisoner in a jail located at 1004 9^th Avenue North, Texas City, in Galveston County, Texas.  Mr. McHenry was allegedly arrested on a warrant for possession of a controlled substance.

The report indicates that Mr. McHenry exhibited mental health problems, although the report does not indicate what those alleged problems were.  Mr. McHenry was found unresponsive in a detoxification cell at approximately 3:37 a.m. on April 3, 2019.  Jailers called EMS to the scene, and they administered CPR.  Mr. McHenry was pronounced deceased.

The report indicates that Mr. McHenry’s cause of death is unknown.  The Texas Rangers will be conducting an investigation.  This is typical in county jail deaths in a number of counties in Texas.  It is usually important to have an outside law enforcement agency investigating such a death.

The report provides little details about when Mr. McHenry was arrested, any underlying health issues, whether he exhibited significant signs of being intoxicated, and/or whether he was provided any healthcare as a result of intoxication.  Jails should have in place detoxification protocols. It is insufficient to simply arrest someone who appears to be intoxicated and then let the person linger in a cell.  We are not alleging that occurred with regard to Mr. McHenry, but we have noticed that it is a significant issue in Texas jails as well as jails across the country.

The United States Constitution guarantees pretrial prisoners, such as Mr. McHenry, the right to reasonable medical care.  If jailers are deliberately indifferent to a prisoner’s medical needs, such as the need for appropriate detoxification treatment, and/or application of an appropriate detoxification protocol, then the jailers could be liable for such Constitutional violations to family members of a person who dies as a result.  Most such cases are filed in federal court, and pursuant to a federal statute.

In a report released on March 22, 2018, an immigrant rights group made claims of abuse against prisoners from Somalia by guards at a private prison facility under contract with U.S. Immigration and Customs Enforcement (ICE). The accusations are based on interviews with 30 men now held at a Robstown, Texas, facility. The men say that while detained briefly at the West Texas Detention Facility in Sierra Blanca, possibly as many as 80 African immigrants were subjected to abuse. Immigration judges had ordered that most of the men be deported. They say they were physically beaten, subjected to racial slurs, and denied medical treatment. In addition, they claim the beatings were unprovoked, one man was handcuffed while allegedly beaten, and another of the prisoners claims that a guard groped him.

Complains have been filed with the Department of Homeland Security and the Department of Justice. Interviews of the 30 Somalian prisoners were conducted by the Texas A&M School of Law Immigrant Rights Clinic; the Refugee and Immigrant Center for Education and Legal Services, which is based in San Antonio; and the University of Texas School of Law Immigration Clinic.

Officials with ICE said that the allegations are being looked into. There was not an immediate response from the officials with the company that operates the detention center, LaSalle Corrections.

As with every post on this website, we are only providing information in this post and do not make any allegation or assertion that anyone acted inappropriately or engaged in misconduct.

–Guest Contributor