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The Texas Commission on Jail Standards, who is charged with inspecting and regulating Texas county jails, issued a technical assistance memorandum on December 6, 2018 regarding magistrate notification. The memorandum indicates that, when a jail notifies a magistrate that a person confined for a Class B misdemeanor or higher has a mental illness, or an intellectual disability, the Texas Code of Criminal Procedure requires the jail to include with the notice additional information. That information could include the incarcerated person’s behavior immediately before, during, and after the person was arrested, as well as the results of any previous assessment of the prisoner.

The memorandum also notes that providing such information to a magistrate does not violate HIPPA. Therefore, effective immediately, all Texas county jails are required to provide such necessary documentation to magistrates to comply with Article 16.22 of the Texas Code of Criminal Procedure. electricity 2pm live If a jail fails to do so, it may receive a notice of non-compliance from the Texas Commission on Jail Standards.

The Galena Park, Texas police department recently filed a custodial death report regarding the death of Hector Salas, Jr. Mr. Salas was only 31 years of age at the time of his death. Information in this post was extracted from that custodial death report. Thus, beyond what is in the report, we have no personal knowledge of what occurred. We also make no allegation of any wrongdoing against anyone in this post.

Mr. Salas was the only person in the jail at the time of his suicide. Mr. 8 gases Salas had apparently been provided with a jail mattress from which he was able to tear apart fabric in thin strips to create a noose. Mr. Salas was able to tie one end of the fabric strip to the jail cell door and make a noose with the remainder. He attempted suicide twice with the thin mattress fabric strips. However, they broke. He then used a much thicker mattress fabric strip, tied it to the jail door, and used it to asphyxiate himself. According to the report filed with the Attorney General of Texas, the entire incident was captured on jail surveillance cameras. The report says nothing about whether Mr. Salas had been appropriately monitored.

The Texas Commission on Jail Standards has standards which apply to county jails in Texas. electricity deregulation While they do not apply specifically to municipal jails or or city or town holding facilities, Texas municipal jails, such as that in Galena Park, should use those standards as a minimum guide and a starting point to develop more stringent and appropriate standards.

We are uncertain as to which, if any, policies and procedures the Galena Park, Texas police department uses when it houses inmates. Perhaps the most important policy, regarding housing a likely or potentially suicidal prisoner, is the manner and frequency of monitoring. The Fifth Circuit Court of Appeals, which covers Texas, Louisiana, and Mississippi, issued an opinion over 25 years ago indicating that nothing short of continuous monitoring of such persons would be sufficient to pass constitutional standards.

With regard to Mr. Salas, the report indicates that he had made suicidal statements. Therefore, it appears that the Galena Park jail was on notice of the likelihood of Mr. Salas committing suicide. However, beyond the indication in the report that Mr. Salas made suicidal statements, we have no knowledge of the manner and frequency of any such statements.

Generally, people in Texas city jails have constitutional rights including the right to be protected from themselves and others, the right to reasonable mental health care and medical care, and the right not to be punished as pretrial detainees. This makes sense, because someone who has not been convicted of a crime should not be punished and should not suffer injury or death while in a Texas city jail.

If a city or county jail in Texas violates these constitutional rights, and a person dies as a result, generally, the person’s spouse, parents, and children might have claims pursuant to 42 U.S.C. § 1983. electricity generation in california Also, the administrator of the person’s estate might bring what are referred to as “survival claims.” Survival claims are claims brought for the mental anguish and emotional distress of the deceased person, among other things. Most such civil rights claims are filed in Texas federal courts.

Texas federal courts are divided into four districts – Northern, Southern, Eastern, and Western. Each of these Texas districts covers a number of Texas counties, and each has divisions. A Texas civil rights attorney will be able to determine the appropriate district in which to file any lawsuit, as well as the appropriate division within that district.

At approximately 7:32 p.m., on November 21, 2018, in Pasadena, Texas, a Pasadena police officer stopped Mr. Schenk while Mr. Schenk was operating a vehicle. The police officer stopped Mr. Schenk only because he had allegedly run a stop sign. The summary portion of the report does not indicate that Mr. Schenk committed any other alleged crime at or before that time.

Before the police officer could inform Mr. Schenk as to why he stopped him, Mr. electricity per kwh calculator Schenk fled the scene on foot. The officer pursued Mr. Schenk on foot, telling him to stop. b games unblocked The summary in the report does not indicate that, to that point, Mr. Schenk had been accused of doing anything other than running a stop sign. When Mr. Schenk did not stop, the officer chose to shoot his Taser at Mr. Schenk. The Taser had no effect, and Mr. Schenk continued to flee.

The law enforcement officer then deployed his Taser a second time, causing Mr. gas buddy Schenk to fall to the ground. Once again, to this point, the summary in the report does not indicate that Mr. Schenk had done anything violent, had displayed a weapon, had threatened anyone, had committed any felony, and/or was a threat to any other person. Instead, the only thing that the report summary listed was that Mr. Schenk had run a stop sign.

The Pasadena police officer then jumped onto Mr. Schenk in an attempt to subdue him and place handcuffs onto him. Mr. walmart with a gas station near me Schenk resisted being handcuffed and attempted to once again flee the Pasadena, Texas police officer. During the struggle, and Mr. Schenk’s attempt to flee the Pasadena police officer, the police officer chose to pull his firearm and fire at Mr. Schenk. The report summary does not indicate that Mr. Schenk had done anything wrong to this point other than run a stop sign, flee the officer, and attempt not to be handcuffed and once again flee the officer. The police officer’s bullets struck Mr. Schenk three times, and Mr. Schenk died at the scene only approximately 17 minutes after the incident. The report ends with the sentence, “No weapon was found on the driver.”

We make no allegation of any wrongdoing against anyone in this post, but are simply providing information. However, generally speaking, certain family members of a person who is shot and killed by a police officer might have claims against a shooting police officer and/or his or her employer pursuant to 42 U.S.C. § 1983. 42 U.S.C. § 1983 is a statute which allows people to sue for constitutional violations. The Fourth Amendment to the United States Constitution prohibits police officers from using excessive force. The United States Supreme Court has held that, when determining whether force is excessive, a court should look at all the facts and circumstances. Moreover, courts in the Fifth Circuit Court of Appeals, which includes Texas, Louisiana, and Mississippi, as well as Supreme Court cases, have determined that only certain occurrences justify the use of deadly force. If a person is successful bringing such constitutional claims, which are typically brought in federal court, then a court or jury can award damages, attorneys’ fees, and court costs.