Law Offices of Dean Malone

Polk County Jail Fails State Inspection

East Texas News - Surprise jail inspection notes three deficiencies | East Texas News STOCK PHOTO By Emily Banks Wooteneditor@polkenterprise. com A surprise visit and comprehensive inspection on May 20 by the Texas Commission on Jail Standards resulted in a notice of non-compliance for

Another young adult Tarrant County jail death

Female inmate dies after medical emergency in Tarrant County Jail This is the latest in a long string of deaths that have occurred at the jail since 2017.

Texas Commission on Jail Standards finds Travis County jail to be non-compliant with minimum standards after jail death

Law Offices of Dean Malone Jail Neglect, Abuse, and Su***de Lawyers

www.deanmalonelawfirm.com

Edwards County Jail not in Compliance

Leon County Jail Fails State Inspection Even After Being Sued for Jail Su***de

For Immediate Release
Waco, Texas –04/30/2024

23-year-old Dakota Belknap died by su***de after using a ligature in the Leon County jail, in Centerville, Texas. This occurred on only the second day of his incarceration, after the jail decided to remove him from su***de watch.

Dakota was born in McKinney and graduated from Centerville High School, and he was a torch operator in a steel mill. Dakota was survived by a host of family members, including his wife, children, and parents.

Dakota was arrested and booked-in to the Leon County jail on December 14, 2020. Jailers completed a Texas Commission on Jail Standards (“TCJS”) intake form. The TCJS intake form contains medical questions, but primarily mental health questions, to allow jailers and others to appropriately protect inmates with suicidal tendencies. The TCJS requires that the form be completed by every county jail at the time it books-in a detainee.

The completed TCJS form indicated that Dakota had attempted su***de three days before, on December 11, 2020. It also indicated that Dakota had nightmares, flashbacks, or repeated thoughts or feelings related to PTSD or something terrible from his past, and it also indicated that before arrest, he felt down, depressed, or had little interest or pleasure in doing things. These answers required that Dakota be placed on su***de watch, and the jail did so.

When on su***de watch in a Texas county jail a person should be put into a su***de smock and into a cell without any other items with which the person can form a ligature. Moreover, the cell should not have tie-off points, so that a person could not tie off a ligature.

After an MHMR evaluation, the jail decided to remove Dakota from su***de watch. He made a su***de attempt on the second day of his incarceration, which resulted in his death.

Amazingly, once Dakota was found in his cell having used a ligature, jailers provided no immediate emergency medical care. They did not use an automatic defibrillator, did not administer CPR, and did not provide any other immediate medical care to save Dakota’s life. Instead, jailers merely contacted EMS and waited for EMS to arrive. They left Dakota on the cell floor, alone, and shut the cell door.

Dakota did not receive medical treatment for approximately over 20 minutes after EMS was contacted. EMS was able to obtain a “strong heartbeat.” EMS personnel wanted to care-flite Dakota to a hospital, but weather did not allow. Dakota was ultimately transported to a hospital, at which he ultimately passed away after being diagnosed with significant brain damage.

Constitutional rights lawyer Dean Malone represents family members and filed a lawsuit in federal court in Waco. Defendants filed motions to dismiss the case, and a federal magistrate judge recommended to the district judge that the motions be denied. The district judge agreed with the federal magistrate judge’s recommendation. The individual Defendants then appealed the case to the Fifth Circuit Court of Appeals in New Orleans. That appeal remains pending.

Despite Leon County being put on notice of issues regarding detainees’ safety, through the lawsuit involving Dakota and otherwise, the Texas Commission on Jail Standards (“TCJS”) found the Leon County jail to be non-compliant with minimum jail standards. A notice of noncompliance was issued to Leon County on April 16, 2024. The notice included eleven separate minimum standards violations.

The notice indicated that the Leon County jail exceeded its approved capacity of 53 detainees a total of 14 times since January 1, 2024. Further, documentation failed to show that all Leon County jail staff received life safety training no less than each calendar quarter for year 2023. The last annual inspection of the facility by a local fire official was conducted on December 3, 2021, which put the jail approximately 28 months past-due. The jail also had not been checking the Veterans Reentry Search Service, when booking detainees, since October 5, 2023.

Leon County jail administration was also unable to provide documentation of training, and no training was reported to the Texas Commission on Law Enforcement, regarding procedures for recognition, supervision, documentation, and handling of inmates who are mentally disabled and/or potentially suicidal. The TCJS inspector also determined, when reviewing inmates’ medical files, that Leon County jail staff failed to notify a magistrate within 12 hours when warranted by affirmative answers on the mental health screening form or a positive response on the Continuity of Care Query (CCQ). A CCQ determines whether a detainee has received in patient mental health care. The TCJS also determined, when reviewing one restraint log, that Leon County jail staff exceeded the required 15-minute observation checks by 11 minutes.

Mr. Malone said, “Dakota’s death was an avoidable tragedy. Dakota had been placed on su***de watch, and there were indicators that he should have remained on su***de watch and not been allowed access to items with which he could make a ligature. Leon County was put on notice, through the lawsuit involving Dakota’s death, that it need to assure the safety of detainees in its jail. It is shocking to read the long list of jail standards violations in the April 16, 2024 Texas Commission on Jail Standards’ notice of non-compliance. It appears that Dakota’s death has not resulted in needed changes at the Leon County jail.”

Wellpath is a medical care provider in jails across the U.S.

Grand Jury Report Digs Into Wellpath Jail Health Care Contract Oversight Issues | Local News | Noozhawk Santa Barbara County’s jail health care provider charged the full amount for years, even as the company failed to meet staffing minimums, and the

DeWitt County Jail Death

Texas Rangers investigating death of inmate at the DeWitt County jail DEWITT COUNTY, Texas - On Sunday April 14 at 4:25 a.m. an inmate at the DeWitt County Jail was found unresponsive and pronounced dead by Justice of the Peace Pct.

Another Water Intoxication Death in Dallas County Jail – Federal Lawsuit Filed

For Immediate Release

Dallas, Texas – 04/23/2024

Taylon Breshoud Dickerson, as did Paul French (the subject of a different lawsuit), suffered a preventable water intoxication death while incarcerated in the Dallas County jail. Mr. Dickerson was originally incarcerated in the Dallas County jail on or about June 24, 2021. He suffered a medical emergency in the jail on April 1, 2022, passing away only four days later. Mr. Dickerson was only 30 years old and died from hyponatremia and ultimately a brain injury.

Constitutional rights lawyer Dean Malone represents Mr. Dickerson’s mother and filed a federal lawsuit in Dallas. Mr. Malone said, “We see yet again the tragic death of a young man in a Texas jail. Mr. Dickerson, only 30 years old, died at far too young an age. We must do better regarding those in our jails who cannot fend for themselves. It is important that they be provided appropriate medical care for chronic health conditions and medical emergency issues.”

Man on Su***de Watch in Kaufman County Jail Dies by Su***de – Federal Lawsuit Filed

For Immediate Release

Dallas, Texas – 04/23/2024

Chauncey Elmer Toombs, III suffered and died by su***de in the Kaufman County jail after being put on su***de watch and then inexplicably being locked into and left alone in a cell with a ready ligature and a partition behind which he could hide. Mr. Toombs was arrested in April 2022 at his home as a result of a call about him attempting to harm himself. He had intentionally shoved his hand through a window and suffered a significant cut. He was taken by the arresting officer for medical treatment and then transported to the Kaufman County jail on April 13, 2022. It was clear during booking into the Kaufman County jail that Mr. Toombs would attempt to kill himself through any available means.

Certain booking documents were completed for Mr. Toombs. One of those documents contained a number of clear indicators that Mr. Toombs would die by su***de at the first available opportunity, including:

• The arresting officer had information or believed that Mr. Toombs was at risk for su***de;
• Thinking of killing himself “any chance he can;”
• Had attempted su***de before through shooting, OD-ing, and hanging;
• Feeling hopeless;
• Hearing voices telling him to kill himself;
• Suffered flashbacks from childhood and war;
• Had received services for emotional/mental health from the VA;
• Had been hospitalized for emotional/mental health issues;
• Was diagnosed with PTSD, bipolar disorder, anxiety, depression, and schizophrenia; and
• Screener noted emotional flatness, talking strangely, strange behavior, and signs of mental health issues (cut on his arm).

The Continuity of Care Query (CCQ) came back as an “exact” match, indicating Mr. Toombs had received mental health treatment before. The CCQ indicated that Mr. Toombs had received mental health treatment from North Texas Behavioral Health Authority. The jail also learned that Mr. Toombs had been prescribed medications including those for mental health issues (including depression).

Mr. Toombs was ultimately incarcerated in a su***de watch cell in a holding area in the Kaufman County jail. He was allowed to be incarcerated with a ready ligature – the lengthy, likely woven, strong gauze on his arm from the cut. Predictably, between cell checks, not long after booking, Mr. Toombs tied the ready ligature around a handrail near a toilet, and tied the other end around his neck.

Constitutional rights lawyer Dean Malone filed a federal lawsuit on behalf of family members. Mr. Malone said, “It is commonly known in every jail across the United States that jailers, medical personnel, and mental health personnel cannot leave a suicidal detainee in a cell, alone, with ligature materials. Detainees use a number of things to die by su***de, including phone cords, jail clothing, bedding, and any other item which is lengthy enough to be tied and used to end one’s life. This is a tragedy that could have been avoided.”

Intellectually Challenged Woman put into Medically-Induced Coma After Tarrant County Jail Incarceration – Federal Lawsuit Filed

For Immediate Release

Fort Worth, Texas – 04/22/2024

Kelly Masten has Lennox-Gastaut Syndrome and therefore presents as obviously developmentally disabled. Kelly has daily seizures and was diagnosed with her seizure disorder when she was only two years old. As a result of oxygen loss, her brain did not cognitively develop beyond roughly that of a four-year-old or a five-year-old. Kelly cannot read or write and has almost no capacity to understand numbers. Kelly needs help with daily tasks such as eating, taking medications, showering, and getting dressed. Kelly’s entire family restructured their lives to care for her.

On April 11, 2022, Kelly, 38-years-old at the time, was having a difficult day. She was upset about wanting more chicken pot pie. She threw a tantrum and bit her grandmother, who called “911” “for the first time in their lives.” Her grandmother expected to receive medical assistance. Instead, Kelly was arrested, handcuffed, and then taken to and incarcerated in the Tarrant County jail.

It was clear to everyone that Kelly was developmentally disabled. However, this did not keep Kelly from being incarcerated in a cell in which she apparently experienced seizures and as a result significant bruising and injury to various portions of her body. Once Kelly was finally discharged from the Tarrant County jail, after over a week, she was taken to JPS hospital in an emergent condition. Healthcare workers put Kelly into a medically-induced coma, in which she remained for weeks. Fortunately, Kelly survived. However, she continues to suffer psychological damage from being jailed when what she needed was treatment and help.

Constitutional rights lawyer Dean Malone represents Kelly through her sister as guardian. Mr. Malone said, “We see far too many people jailed across our state who have severe mental illness. Now, we see a situation in which a woman, who essentially has the mind of a five-year-old, is incarcerated as a result of actions resulting from her intellectual disability. If that were not enough, Kelly was left in a cell to experience seizures and injuries arising from those seizures, culminating in Kelly being in a physical condition requiring a medically-induced coma. Jails should be in place to incarcerate those who need to be incarcerated, not to house the mentally ill and developmentally disabled.”

Harrison County and For-Profit Jail Medical Provider Seek Deceased Woman’s Sealed Involuntarily Commitment Records

For Immediate Release

Marshall, Texas – 04/22/2024

41-year-old Lonnetta Johnson had significant mental health issues. Her mental health issues, as well as medical issues requiring appropriate medication and treatment, were well-known to the Harrison County jail.

Lonnetta was arrested and jailed in the Harrison County jail on December 30, 2021, just a few hours after being previously released. She was arrested on low-level offenses, and there was no doubt that her serious mental health issues affected her ability to live a normal life. Regardless, instead of being taken to the nearest in-patient mental health facility, Harrison County chose to jail her for approximately two weeks. That two-week period concluded with Lonnetta’s death.

Witnesses at the jail indicate that Lonnetta was unclothed, sitting on a cold cell floor, in the same position, for hours. One witness had the opinion that the temperature in the cell was close to 60 degrees. When someone finally entered the cell to check on Lonnetta, it was too late. She was transported to a local hospital, and her body temperature was only 90.1 degrees.

Family members filed a federal lawsuit against Harrison County and for-profit jail healthcare provider Southern Health Partners, Inc. (“SHP”) regarding Lonnetta’s death. Harrison County and SHP are now asking a judge, other than the judge presiding over the federal case, to release records sealed by law regarding Lonnetta’s involuntary mental health commitment to facilities going back over twenty years.

Defendants Harrison County and SHP initially set their motion for hearing in front of the chief executive officer of Harrison County - Judge Chad Sims. Lonnetta’s lawyers filed motions complaining about Harrison County’s chief executive officer being able to decide Harrison County’s and SHP’s motion. The matter was then reassigned to a different judge. A hearing is now set for 10:00 a.m. on Thursday, April 25, 2024 in the Harrison County Court, Historic Courthouse, Historic Courtroom, second floor, One Peter Whetstone Square, Marshall, Texas 75670.

Constitutional rights lawyer Dean Malone represents family members and filed a federal lawsuit in Marshall on their behalf. Mr. Malone said, “It is unfortunate that Harrison County and its contracted medical provider are out to seek every last shred of evidence regarding Lonnetta after her horrific death following her incarceration at the Harrison County jail. They have filed motions in eleven separate cases, going back to 2003, asking a judge to release records which our state legislature decided should be sealed. Everyone knows Lonnetta had serious mental health issues for years, and there is a reason that the law seals records of people involuntarily committed for mental health reasons. Lonnetta’s extensive mental health history, especially considering that her commitment was involuntary, should not be open for public viewing. Records that are twenty years old certainly have nothing to do with Lonnetta’s death following incarceration in the Harrison County jail. What matters in this case is what the Harrison County jail and SHP actually knew about Lonnetta - not treatment she received from mental health professionals over a period of twenty years."

Two More Bexar County Jail Deaths

https://www.ksat.com/news/local/2024/04/18/bexar-county-jail-inmate-dies-following-medical-episode-bcso-says/

https://www.kens5.com/article/news/local/law-enforcement/san-antonio-jail-inmate-dies-bexar-county-texas/273-5677abcc-f50d-4397-bd5c-b59c674ddeb2

Another Bexar County jail inmate dies while behind bars; second in as many days Sheriff Salazar said his agency is considering new ways to potentially help inmates who are detoxing.

42-Year-Old Man Dies in Tarrant County Jail

Tarrant County inmate found dead in jail cell Thursday morning. Cause not yet known The man, identified by the Tarrant County Medical Examiner’s Office as 42-year-old Roderick Johnson, had been in custody since Dec. 4.

Another Smith County Jail Death

Officials: Smith County inmate dies following medical emergency The Texas Rangers have launched an investigation into the circumstances of an incident at Smith County Jail, where inmate Tonya Williams experienced a medical emergency and later died.

Man Found Deceased After Seizure in Childress County Jail - Body Temperature Only 91 Degrees – Federal Lawsuit Filed

For Immediate Release

Amarillo, Texas – April 4, 2024

Rodney Guerra was arrested on January 22, 2022 and transported to the Childress County jail. During booking, Rodney indicated that he had a bad seizure just weeks before his arrest. Hospital records indicate that he had previously been transported from his home by ambulance to a hospital to receive evaluation and/or treatment for that seizure. Jail booking documents also indicate that Rodney needed a bottom bunk restriction, likely as a result of his apparent seizure disorder. Even though Childress County knew of Rodney’s seizure disorder, based on an investigation of his death by the Texas Commission on Jail Standards, it appears that Rodney received no evaluation or treatment for seizures, over a several week period, until his death on April 8, 2022. An autopsy report indicates that Rodney died of the seizure disorder.

In addition to failing to evaluate or treat Rodney for his deadly seizure disorder, by the time Rodney was found deceased in his cell, his body temperature was only approximately 91 degrees. Therefore, Rodney had likely been deceased for hours.

Constitutional rights lawyer Dean Malone represents family members and filed a federal lawsuit in Amarillo against Childress County. Mr. Malone said, “It makes little sense to jail a man with a known seizure disorder without providing any evaluation of or treatment for seizures. Seizure disorders are common, and there are readily-available, effective medications. It is also shocking that when EMS arrived minutes after Rodney being discovered, and took Rodney’s body temperature, it was only a little over 91 degrees. It appears that Rodney perhaps had been deceased for hours. We should humanely treat people who are jailed, and the most basic treatment starts with that for common, chronic health issues such as seizure disorders, high blood pressure, and diabetes.”

Texas Jails Out of Compliance

Understaffed and Overcrowded, These 16 County Jails in Texas Are in the Hot Seat These 16 jails are in the hot seat with the Commission for Jail Standards

TCJS Report on Wood County Jail Death

Death report: Wood County inmate found unresponsive in padded cell A state report shared more information on a Wood County inmate who was found unresponsive Friday.

Falls County Jail Fails Inspection

Falls County Sheriff Joe Lopez responds to non-compliance notice from the TX Commission on Jail Standards 25 News acquired a notice of non-compliance that was sent to the Falls County jail with 14 different issues.

Wood County Jail Death. Texas Commission on Jail Standards will Investigate.

Wood County Jail Inmate Dies Jailers found a Wood County inmate unresponsive on Thursday and began life-saving measures. EMS arrived and transported the inmate to U.T. Health-Quitman, where the inmate was pronounced deceased. The cause of death is undetermined at this time, and they are withholding the name until they notify th

30-Year-Old Man Dies in Travis County Jail

Travis County Jail inmate dies in custody; investigation into death ongoing A 30-year-old inmate charged with family assault was found unresponsive in his jail cell Feb. 29 and died at an Austin hospital March 1.

32-Year-Old Woman Dies of Overdose: Left N**e in Kleberg County Jail Cell After Emergency Department Discharge – Federal Lawsuit Filed

For Immediate Release
Corpus Christi, Texas – 2/29/2024

32-year-old Cynthia Garcia had significant mental health issues and attempted su***de by taking a number of Olanzapine pills. Her mother called for help, and a Falfurrias police officer came to the scene. The officer had Cynthia Garcia transported to CHRISTUS Spohn Hospital Kleberg for emergency treatment for an overdose. Ms. Garcia received an evaluation at the hospital. However, after allegations that Ms. Garcia refused medical treatment and assaulted nurses, emergency room staff called for law enforcement. A Kingsville police officer went to the hospital and arrested Ms. Garcia after the emergency room released her as being supposedly “medically cleared.” The officer expressed surprise more than once that she had been medically cleared, because Ms. Garcia was incoherent, could barely walk or stand, seemed to be going in and out of consciousness, and appeared to everyone at the scene as being in an altered mental status.

After Ms. Garcia arrived at the Kleberg County jail, jailers made fun of her, including of her weight. Cynthia was dropped into a padded cell, n**e, and received no further treatment. She stayed in that cell for a few hours until she was found unresponsive. Cynthia was pronounced deceased at CHRISTUS Spohn Corpus Christi Shoreline Hospital.

Constitutional rights lawyer Dean Malone represents Cynthia’s mother and filed a federal lawsuit in Corpus Christi against Kleberg County and CHRISTUS Spohn Hospital Kleberg. Mr. Malone said, “Cynthia was taken to the hospital to be treated for an intentional overdose following a su***de attempt. Cynthia exhibited well-known symptoms of an Olanzapine overdose, and which were unfortunately rewarded by a call to police and her arrest. The hospital, facilitating Cynthia’s arrest and removal from the emergency department, indicated that Cynthia had been “medically cleared.” However, according to the standard of care, Cynthia needed further monitoring and treatment. Not surprisingly, when Cynthia was left alone in a Kleberg County jail cell, n**e and face-down on the floor, she did not survive. This was colossal failure beginning at the hospital, through transport, and finally at the jail. The epidemic of mentally ill people dying in jails unfortunately continues.”

Dean Malone Interviewed about Tarrant County Jail Deaths -

'Even when we did everything right, the person still died': Tarrant County sheriff defends jail after spike in deaths The death of Chasity Congious' baby Zenorah and others have put the jail and Tarrant County Sheriff Bill Waybourn under the microscope.

Crockett County Jail is Non-Compliant with Jail Standards - Do you think that the State of Texas should be regulating county jails? Why?

Law Offices of Dean Malone Jail Neglect, Abuse, and Su***de Lawyers

www.deanmalonelawfirm.com

Hill County Jail Fails Inspection - Listed as Non-Complaint - What role do you think that the State of Texas should have regarding our county jails?

Law Offices of Dean Malone Jail Neglect, Abuse, and Su***de Lawyers

www.deanmalonelawfirm.com

Management and Training Corp. Facility/Jail Back in Compliance

Private facility housing hundreds of Harris County inmates fixes safety violations, state inspection finds | Houston Public Media Back in December, state officials determined that the Giles W. Dalby Correctional Facility, which houses about 500 Harris County detainees, was violating statewide safety standards. Now, after a recent inspection, those issues have been corrected.

How do you think that jails should handle pregnant detainees?

Pregnancy care was always lacking in jails. Could it get worse? A lack of oversight and standards for pregnancy care in jails is becoming more problematic as the number of incarcerated women rises and abortion restrictions put medical care further out of reach.

Another mentally Tarrant County jail detainee dies.

Tarrant County Jail inmate dies at Fort Worth hospital. Cause of death not yet known He was booked into the Tarrant County Jail on Feb. 7 on a charge of injury to an elderly person. He was found incompetent to stand trial in 2020 after being accused of choking a woman.

Su***des in jails occur far too often when people lose hope.

Inmate dies in custody; Texas Rangers investigating The death of an inmate at the Nacogdoches County jail will be investigated by the Texas Rangers, sheriff’s officials say.

Jim Wells County Jail Death

Jim Wells County Sheriff's Office confirms death of an inmate - Alice Echo News Journal By Sarah Reyna [email protected] 45-year-old Jim Wells County Jail inmate Michael Garza passed away on Friday, according to the Jim Wells County Sheriff’s Office.  Garza was taken to a local hospital Thursday after he began experiencing medical distress and became unresponsive. Correctional o...