Plaintiff’s Original Complaint – Page 1 of 60

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

SONDREA MILLER, individually and as 

independent administrator of, and on behalf of

the ESTATE OF JAVONTE LAKENDRICK 

MYERS, and JAVONTE LAKENDRICK 

MYERS’s heir(s)-at-law,

 

Plaintiff,

v.

TARRANT COUNTY, TEXAS; ERIC L. 

GAY; and DARIEN A. KIRK,

Defendants.

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 CIVIL ACTION NO. _____________

 JURY DEMANDED

PLAINTIFF’S ORIGINAL COMPLAINT

This is a case of a tragic pre-trial inmate death resulting from violation of 

constitutional rights. Defendants’ deliberate indifference, objective unreasonableness, 

and policies, practices, and/or customs caused Javonte Myers’ suffering and death. 

 

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Table of Contents

I. Introductory Allegations..............................................................................................4

A. Parties...............................................................................................................4

B. Jurisdiction and Venue.....................................................................................6

II. Factual Allegations ......................................................................................................6

A. Introduction......................................................................................................6

B. Javonte Myers..................................................................................................7

C. Javonte’s Death Resulting from Incarceration in the Tarrant County Jail.......7

1. Witness Statements..............................................................................8

a. Esparza, Robert - Jailer............................................................9

b. Gay, Erik - Jailer......................................................................12

c. Kirk, Darien – Jailer.................................................................17

d. Schuppert, Troy - Jailer............................................................20

2. Tarrant County Sheriff Records...........................................................25

3. Medical Records / Death Reports........................................................25

a. EMT Records...........................................................................25

b. Autopsy Report ........................................................................26

c. Custodial Death Report (Filed with Attorney General)...........26

d. Inmate Death Report (Filed with Texas Commission on Jail 

Standards) ................................................................................27

D. Investigations...................................................................................................27

1. Texas Rangers......................................................................................27

2. Texas Commission on Jail Standards ..................................................29

E. Monell Liability of Tarrant County..................................................................29

1. Introduction..........................................................................................29

2. Tarrant County Policies, Practices, and Customs................................30

3. TCJS Records Demonstrating County Practices and/or Customs .......33

4. Tarrant County Jail Suffering and Death Show a Custom and Pattern 

of Indifference......................................................................................38

III. Causes of Action..........................................................................................................50

A. 14th Amendment Due Process Claims Under 42 U.S.C. § 1983: Objective 

Reasonableness Pursuant to Kingsley v. Hendrickson.....................................50

B. Remedies for Violation of Constitutional Rights.............................................51

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C. Cause of Action Against Individual Defendants Under 42 U.S.C. § 1983 

for Violation of Constitutional Rights .............................................................52

D. Cause of Action Against Tarrant County Under 42 U.S.C. § 1983 for 

Violation of Constitutional Rights...................................................................55

IV. Concluding Allegations and Prayer .............................................................................58

A. Conditions Precedent .......................................................................................58

B. Use of Documents at Trial or Pretrial Proceedings .........................................58

C. Jury Demand ....................................................................................................58

D. Prayer...............................................................................................................58

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TO THE HONORABLE UNITED STATES DISTRICT COURT:

Plaintiff files this complaint and for cause of action will show the following. 

I. Introductory Allegations

A. Parties

1. Plaintiff Sondrea Miller (“Sondrea Miller” or “Ms. Miller”) is a natural person who 

resides and is domiciled in Texas. Sondrea Miller was Javonte Lakendrick Myers’ legal and 

biological mother. Javonte Myers is referred to herein at times as “Mr. Myers,” “Javonte,” or the 

“decedent.” Sondrea Miller sues in her individual capacity and as the independent administrator 

of the Estate of Javonte Lakendrick Myers, Deceased. Sondrea Miller, when asserting claims in 

this lawsuit as the independent administrator, does so in that capacity on behalf of her and any

other wrongful death beneficiaries (including her), and she seeks all wrongful death damages 

available to those person(s). She also sues in that capacity asserting claims on behalf of the estate 

and all of Javonte’s heirs (including her, KaKeshia Black [decedent’s adult half-sister], Jaquentes 

Myers [decedent’s adult brother], and Joshua Myers [decedent’s adult half-brother]). All people 

in the immediately preceding sentence are collectively referred to herein as the “Claimant Heirs.” 

Sondrea Miller asserts claims on behalf of and seeks all survival damages and wrongful death 

damages available to Claimant Heirs. Sondrea Miller also sues in her individual capacity and 

seeks all wrongful death damages available to her. Letters of Independent Administration were or 

will be issued to Sondrea Miller on or about March 23, 2022, in Cause Number 2021-PR02413-1, 

in the Probate Court No. 1 of Tarrant County, Texas, in a case styled Estate of Javonte Lakendrick

Myers, Deceased.

2. Defendant Tarrant County, Texas (“Tarrant County” or the “County”) is a Texas 

county. Tarrant County may be served with process pursuant to Federal Rule of Civil Procedure 

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4(j)(2) by serving its chief executive officer, Honorable County Judge Glen B. Whitley, at 100 

East Weatherford Street, Fort Worth, Texas 76196, or wherever Honorable County Judge Glen B. 

Whitley may be found. Service on such person is also consistent with the manner prescribed by 

Texas law for serving a summons or like process on a county as a Defendant, as set forth in Texas 

Civil Practice and Remedies Code Section 17.024(a). The County acted or failed to act at all 

relevant times through its employees, agents, representatives, jailers, and/or chief policymakers, 

all of whom acted under color of state law at all relevant times, and is liable for such actions and/or 

failure to act to the extent allowed by law (including but not necessarily limited to law applicable 

to claims pursuant to 42 U.S.C. § 1983). The County’s policies, practices, and/or customs were 

moving forces behind, and caused, were proximate causes of, and were producing causes of, 

constitutional violations and resulting damages and death referenced in this pleading. 

3. Defendant Erik L. Gay (sometimes referred to herein as “Mr. Gay” or “Jailer Gay”

is a natural person who resides, is domiciled, and may be served with process at 8604 Green Ridge 

Court, Alvarado, Texas 76009 (in Johnson County). Mr. Gay may also be served with process 

wherever he may be found or, pursuant to Federal Rule of Civil Procedure 4(e), by leaving a copy 

of this complaint and a summons directed to Mr. Gay at his dwelling or usual place of abode with 

someone of suitable age and discretion who resides there. Mr. Gay is being sued in his individual 

capacity, and he acted at all relevant times under color of state law. His actions and inaction were 

moving forces behind, caused, and proximately caused constitutional violations and resulting 

damages and death referenced in this pleading. Mr. Gay was employed by the County at all such 

times and acted or failed to act in the course and scope of her duties for the County. 

4. Defendant Darien A. Kirk (sometimes referred to herein as “Mr. Kirk” or “Jailer 

Kirk”) is a natural person who resides, is domiciled, and may be served with process at 1649 

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Woodhall Way, Fort Worth, Texas 76134. Mr. Kirk may also be served with process wherever he 

may be found or, pursuant to Federal Rule of Civil Procedure 4(e), by leaving a copy of this 

complaint and a summons directed to Mr. Kirk at his dwelling or usual place of abode with 

someone of suitable age and discretion who resides there. Mr. Kirk is being sued in his individual 

capacity, and he acted at all relevant times under color of state law. His actions and inaction were 

moving forces behind, caused, and proximately caused constitutional violations and resulting 

damages and death referenced in this pleading. Mr. Kirk was employed by the County at all such 

times and acted or failed to act in the course and scope of his duties for the County. All natural 

person Defendants in this case (Mr. Gay and Mr. Kirk) are collectively referred to in this complaint 

as the “Individual Defendants.”

B. Jurisdiction and Venue

5. The court has original subject matter jurisdiction over this lawsuit according to 28 

U.S.C. § 1331 and 1343(4), because this suit presents a federal question and seeks relief pursuant 

to federal statute(s) providing for the protection of civil rights. This suit arises under the United 

States Constitution and 42 U.S.C. § 1983. The court has personal jurisdiction over the County

because it is a Texas county. The court has personal jurisdiction over the Individual Defendants 

because they reside and are domiciled in, and are citizens of, Texas. Venue is proper in the Dallas 

Division of the United States District Court for the Northern District of Texas, pursuant to 28 

U.S.C. § 1391(b)(1). All Defendants are residents of Texas, and Mr. Gay is a resident of the 

Northern District of Texas, Dallas Division, by being a resident of Johnson County, Texas.

II. Factual Allegations 

A. Introduction

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6. Plaintiff provides in factual allegations sections below the general substance of 

certain factual allegations. Plaintiff does not intend that those sections provide in detail, or 

necessarily in chronological order, any or all allegations. Rather, Plaintiff intends that those 

sections provide Defendants sufficient fair notice of the general nature and substance of Plaintiff’s

allegations, and further demonstrate that Plaintiff’s claim(s) have facial plausibility. Whenever 

Plaintiff pleads factual allegations “upon information and belief,” Plaintiff is pleading that the 

specified factual contentions have evidentiary support or will likely have evidentiary support after 

a reasonable opportunity for further investigation or discovery. Moreover, where Plaintiff quotes

a document, conversation, or recording verbatim, Plaintiff has done Plaintiff’s best to do so 

accurately and without any typographical errors. Plaintiff pleads facts which give rise to 

“conditions of confinement” and/or “episodic acts or omissions” claims.

B. Javonte Myers

7. Javonte Myers was only 28 years old at the time of his death. His death was 

foreseeable and easily preventable.

C. Javonte’s Death Resulting from Incarceration in the Tarrant County Jail 

8. Javonte suffered a tragic, completely unnecessary death in or about June 2020 after 

being incarcerated in the County jail. Individual Defendants’ deliberate indifference and objective 

unreasonableness in their actions and inaction caused, were proximate causes of, and were 

producing causes of Javonte’s suffering and death, and all other damages referenced in this 

complaint. This section of the complaint provides only some material facts related to Javonte’s 

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death and suffering. Plaintiff setsforth other material facts related to Javonte’s death and suffering

in other portions of this complaint.

9. The County knew, when Javonte entered its jail on or about June 17, 2020, that he 

had serious health issues. The Screening Form for Suicide and Medical/Mental/Developmental 

impairments indicated that Javonte had a seizure disorder, had insomnia, was schizophrenic, and 

had an anxiety disorder. The form also indicated that Javonte had a serious injury/hospitalization 

during the prior 90 days, due to seizures. The form also indicated, in response to the question, 

"Have you ever had a traumatic brain injury, concussion, or loss of consciousness?,” that Javonte 

had seizures and loss of consciousness. The form also indicated that Javonte heard noises or voices 

that other people do not seem to hear. The form also indicated that Javonte was depressed and had 

medical problems, had flashbacks from a rough childhood, had received emotional or mental 

health services through MHMR, had been in the hospital for emotional/mental health two months 

before, and during that hospitalization, was diagnosed as being bipolar, having depression, and 

schizophrenic. These answers were such that, pursuant to law, the Tarrant County Jail had to notify 

a magistrate, mental health, and medical regarding Javonte's issues. Ultimately, as referenced 

elsewhere in this pleading, it was an untreated seizure that would medically cause Javonte's death. 

He would lay on the cell floor, for hours, before being found.

1. Witness Statements

10. Plaintiff lists in this section of the complaint relevant summaries of some material 

portions of witness statements provided by some individuals. Plaintiff intends that information in 

this section of the pleading, along with all other information in this pleading, support plausibility 

of Plaintiff’s claims.

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a. Esparza, Robert - Jailer

11. Texas Ranger Trace McDonald, who had an office in Hearst and an office on the 

7th floor of the Tarrant County Jail, took a statement of County Jailer Robert Esparza. Jailer 

Esparza indicated that he worked the second shift at the jail, which was from 3:00 p.m. to 11:00 

p.m. He was working that shift on June 19, 2020, when jailers found Savion, deceased.

12. Jailer Esparza said that he did not have any interaction with Javonte. Jailer 

McDonald said that Javonte was incarcerated on the "C side." He also said that, when jailers 

arrived at the jail to begin their shift, they would usually make a decision as to who would work 

"C" side and who would work "D" side. Each side had a block of cells. They would either split 

the sides or take turns walking the sides. Ranger McDonald said, "That's a lot. I went and walked 

it last Friday and 39 cells is a bunch." Jailer Esparza agreed. On the day that Javonte died, Jailer 

Esparza said that he and Jailer Schubert decided that Jailer Esparza would take the "D" side, and 

Jailer Schubert would take the "C" side.

13. Ranger McDonald asked about the activity log that jailers were required to 

complete at the Tarrant County Jail. Jailer Esparza said that jailers had to input their "walks," 

which were 20-minute checks in that portion of the jail. Jailers were required to input anything 

unusual that happened during the shift. Ranger McDonald confirmed with Jailer Esparza that the 

typical practice was for only one of two jailers to be logged into the system, and both jailers would 

write in the activity log for the signed-in jailer. Ranger McDonald asked, "So even though it may 

say that it's Esparza, it could actually be Schubert doing the checks or whatever." Jailer Esparza 

responded, "Correct."

14. Jailer Esparza said that when he arrived at the jail at 3:00 p.m. on June 19, 2020, it 

was the first time he had ever worked with Officer Schubert. Therefore, he did know whether 

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Officer Schubert preferred to do paperwork or the initial cell checks. Officer Schubert did the 

initial cell check, so Jailer Esparza did the paperwork regarding being sure that a radio was there, 

all needed equipment was there, and all paperwork was correct from the prior shift. Jailer Esparza, 

confirming custom and practice at the jail, told Ranger McDonald that Jailer Esparza had been 

employed at the jail for three years. He also confirmed that he had worked that floor and area 

probably once each week. Jailer McDonald said that jail management rotated jailers around the 

jail instead of keeping jailers in just one area.

15. Ranger McDonald asked Jailer Esparza how cell checks are supposed to occur. 

Jailer Esparza said that the jailer that does the initial check will walk both sides of the area. A jailer 

will sometimes walk all the way down one side, and then come back and walk the other side or a 

jailer could walk the whole C side, for example, go through the gym, come around, and then check 

the whole D side. Ranger McDonald confirmed that jailers were supposed to check inmates in that 

portion of the jail once every 20 minutes.

16. Ranger McDonald asked Jailer Esparza what jailers were supposed to do when they 

were conducting a check of an individual cell. Jailer Esparza responded, "Well, you're looking and 

make sure they are alive, they are there. First that they are there, they're alive, and there's nothing

contraband, that they don't have contraband in there." When Ranger McDonald asked how a jailer 

would know whether an incarcerated person were alive, Jailer Esparza said that the inmates are 

typically asleep when jailers would arrive for the 3:00 p.m. to 11:00 p.m. shift. Jailer Esparza said 

that jailers would "look in there and just kind of look at them and make sure they're breathing." 

This is inconsistent with all known jail practice, which requires confirming the "rise and fall" of 

the inmate's chest. When Ranger McDonald asked Jailer Esparza whether it was fair to say that 

Jailer Schubert didn't do that (looking in the cell and making sure that Javonte was breathing) on 

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the day Javonte died, Jailer Esparza responded, "I'm afraid that looks like he didn't, no." Ranger 

McDonald responded, "Because he'd been dead a while." Ranger McDonald also said that he 

thought, "It was a little after 4 o'clock." He didn't ask what time jailers fed prisoners at night, and 

Jailer Esparza said that they started feeding at 4:20 p.m. Jailer Esparza also confirmed that Javonte 

would have been one of the first inmates to be fed, because he was in Cell Number 2.

17. Ranger McDonald said, "So this really isn't a question because I know this 

happened. I know that first shift and second shift both put on the forms that checks were done that 

weren't done, or at least weren't done properly. So it's not a matter of did it happen, I know it 

happened. I'm more curious as to why it happened. Have you been trained in a way that says that's 

okay? I'm just curious." Jailer Esparza, recognizing that he would certainly not want to implicate 

himself regarding making false entries into governmental records, told Ranger McDonald that he 

did not recall ever missing a cell check and denied ever writing into a cell check log that he 

conducted a check that he in fact did not conduct. Regardless, that manner in which these cell 

checks were conducted was consistent with custom and practice in the jail.

18. Ranger McDonald said, "And the Tarrant County Sheriff's Office is a government 

agency, and if you make a false log on there saying you did a check and you didn't, that's a felony 

every time you do it. It's wrong, number one. And number two, it's illegal. And number three, 

those guys depend on you all for water, food, medical, all of that. They're like dogs in a cage and 

if you don't feed them, they don't get fed, right?" Jailer Esparza responded, "Correct." Ranger 

McDonald then said, "And if you don't give them the medical attention they need, they don't get 

it." Ranger McDonald also said, "Refresh my own memory here. All right. So you were the one 

doing the log-in that day. So you started at 4:20 [p.m.] and then MedStar, Fort Worth Fire on floor 

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at 4:49 [p.m.]. . . . And then, obviously, everything kind of goes crazy once you all find him 

deceased in his cell."

19. Ranger McDonald concluded the interview by saying in part, "Just because I think 

the sheriff's office is going to be looking at it a whole lot harder from here on out because we had 

three people die in a week, right?” Ranger McDonald touched the tip of the iceberg. The Tarrant 

County jail, as the Sheriff and County Commissioners knew, had been a dangerous place for 

prisoners for quite some time. Unfortunately, inmates suffered and died as a result of the policies, 

practices, and/or customs of the County jail.

b. Gay, Erik - Jailer 

20. Ranger McDonald also interviewed Jailer Gay related to Javonte's death. Jailer 

Gay had an attorney present for the interview. Jailer Gay confirmed that he and Jailer Kirk were 

covering 75C and D at the time of Javonte's death. Jailer Gay said, regarding the manner in which 

he and his fellow jailers would customarily conduct cell checks, sometimes one jailer would 

conduct one cell check walk, and then other times jailers would separate. He said at times when 

jailers would separate, one would do one side of the cells, and the other would do the other side of 

the cells. He said that there was no specific side ever assigned to a specific jailer.

21. Confirming the custom and practice referenced in this pleading of the County as it 

relates to claims in this case and inmates in the jail, Jailer Gay said that the two shifts, one when 

Javonte died, and one when Javonte was found deceased, went pretty much as normal. Ranger 

McDonald asked, "Was there anything different about that day, or was it just about . . . how it 

always goes?" Jailer Gay responded, "For the most part, that's pretty much how it goes."

22. Ranger McDonald, when reviewing documentation related to Javonte's death, 

continued his further questioning of Jailer Gay. He saw that at 10:10 AM, there was a note that 

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Javonte had received his lunch tray and was seen alive at that time. Further, at approximately 10:44 

AM, Javonte returned the lunch tray. Ranger McDonald then said, "At 10:44, that's the last time 

we know he's alive." Jailer Gay flatly responded, "Correct." Thus, the last observation of Javonte, 

when he was known to be alive, was well over 5 hours before he was found deceased. Jailer Gay 

confirmed that had Javonte not passed away, he would not remember Javonte's name at all. Jailer 

Gay confirmed that there were 39 cells on one side, and 39 cells on the other side. Thus, a total of 

78 cells had to be checked every 20 minutes.

23. Ranger McDonald asked Jailer Gay to tell Ranger McDonald, in his own words, 

what a jailer would have to do to correctly conduct a cell check. Jailer Gay lied to Ranger 

McDonald, "If a check is written as completed, it would mean that a check was done." Jailer Gay 

knew that recorded checks of cells including Javonte's cell, before and after he died, were not 

conducted.

24. Ranger McDonald attempted to clarify his question, regarding what a check was 

specifically. Jailer Gay responded, "It would be visually or observing the inmate." Ranger 

McDonald asked Jailer Gay whether Ranger McDonald's understanding was correct that a jailer is 

supposed to look into each individual cell. Jailer Gay confirmed Ranger McDonald's 

understanding. Ranger McDonald also asked whether a jailer was supposed to see movement, 

"chest rising and falling if they're sleeping..." Jailer Gay confirmed what was, upon information 

and belief, the accepted custom and practice in the Tarrant County jail. He said, "Yes. It has been 

brought to many people's attention that the inmates cover their lights, preventing you from seeing 

their chest rising. It's also their face. You can't see their face, because a lot of them have their faces 

covered. So I mean, a lot of times there is no... You know, you observe a body." However, looking 

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for the “rise and fall” of an inmate’s chest, which is standard practice in the corrections community, 

was not the custom and practice at the County jail.

25. Ranger McDonald asked whether the only way to really conduct a check in such a 

situation would be to open the door or the kick the door. Jailer Gay responded, "You kick the door. 

Beat it. Maybe every 20 minutes, to check and see if... 'Hey, get up,' every 20 minutes." Ranger 

McDonald said that he had walked the cells on Friday, and it was his opinion that to physically 

look in every door, every window, you would not be able to sit down your entire shift. Jailer Gay 

confirmed Ranger McDonald's understanding. Jailer Gay’s lawyer asked about the name used in 

the Tarrant County jail for the record of cell checks. Jailer Gay said it was referred to as an "activity 

log."

26. Ranger McDonald pointed out to Jailer Gay that Jailer Gay made false entries as to 

cell checks which Jailer Gay alleged had been done. Jailer Gay's attorney asked Ranger McDonald, 

"And what you're saying is that the video of the jail shows that at the time these walks were 

documented, they were sitting in the pod?" Ranger McDonald affirmed the truthfulness of 

question. The attorney was referencing the fact that Jailer Gay and Jailer Kirk were simply sitting 

in a work area at times they indicated, in electronic governmental records, that they were in fact 

checking on prisoners including Javonte. While they sat and talked, Javonte suffered and died.

27. Jailer Gay volunteered, "Okay. Honestly, I couldn't tell how many, what, 

particularly why they were not done. I try to remember the day. I know that there were some 

instances where I saw him come back in from the side and put completed on there. I don't know 

with any of those, what they would be." Jailer Gay was attempting to fabricate a defense for an 

indefensible position. He simply sat with his coworker and "shot the bull" while Javonte suffered 

and died.

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28. Ranger McDonald further lamented, "It's what happens in jails. And I don't pretend 

to know how to fix it, to make it where you can do that. That's beyond the scope of my ability. . . 

. Somehow it's got to stop. We've got to get people over there to really do them, because there is a 

remote chance that it might have saved this guy, had we kicked on the door and said, 'Uh-oh. He's 

really not moving. Let's you know? Again I'm not trying to place any blame on you at all, bro. 

That's not what I mean. But I'm just saying the whole system, they need to take that a little more 

seriously." Ranger McDonald, having an office at the Tarrant County jail, was expressing his 

frustration with the custom and practice at the jail.

29. Jailer Gay admitted that cell checks were not conducted: "I mean, they were not 

done. Yes." Jailer Gay and Jailer Kirk just sat in the picket instead. It then came to light that what 

occurred regarding Javonte's death was not an isolated occurrence. Or one unknown jail higherups. It was in fact a custom and practice.

30. Jailer Gay's lawyer told Jailer Gay to tell Ranger McDonald what Jailer Gay 

previously told the lawyer. Jailer Gay's lawyer said, "About the global reason why it happens the 

way it does." Jailer Gay responded to his lawyer, "As far as everybody?" Ranger McDonald said, 

"Well, that's about what I was going to ask you." Ranger McDonald started, "Did a supervisor or

. . ." Jailer Gay then interrupted and responded, "That definitely goes farther up than just officers. 

The supervisors know about it. Yeah." Jailer Gay's lawyer then told Jailer Gay to tell Ranger 

McDonald what Jailer Gay had told his lawyer, since Jailer Gay was going to get in trouble for 

Javonte's death. Jailer Gay's lawyer told Jailer Gay to tell Ranger McDonald "the whole story."

31. Jailer Gay said, "So even during feeding, after those death in custodies from the 

baby being born, died, and the suicide, the only thing that they've concerned about is they're only 

concerned about making the computer look good. They tell you if you're feeding [inmates], you 

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stop what you're doing, go put another block in [to the electronic observation log], and then go 

back to feeding. So, I mean you're openly wanting to get it done." Jailer Gay's lawyer asked him, 

"Openly wanting what done?" Jailer Gay flatly responded, "Falsifying a government document."

32. When Jailer Gay's lawyer asked him, "And when you say 'they,' who are you talking 

about?" Jailer Gay responded, "Sergeants and supervisors. Lieutenants. And it goes all the way up 

to memos. I mean, there's memos that they put out about it as well." Jailer Gay's lawyer then 

prompted Jailer Gay, asking whether the Ranger should get an email that was sent on or about May 

29, 2020 from Jailer Gay to someone. Jailer Gay said, "That was to the officer that does the nonsupervisory meetings. What is it? Maronski? Peter Maronski. He does the non-supervisory 

meetings, and they go in to ask a series of questions and all that jazz. I brought all these points up 

to him in that email, to ask to the sheriff as to why we're doing this." Thus, upon information and 

belief, the Sheriff was fully aware of issues addressed in this pleading.

33. The interview continued. Jailer Gay's attorney asked Ranger McDonald, according 

to a document Ranger McDonald was reviewing, how many times Jailer Gay and or Jailer Kirk 

indicated that cell checks were conducted during that shift that were in fact not conducted. Ranger 

McDonald responded, "About nine." This was an understatement. He also said that Jailer Kirk 

did most of them, and Jailer Gay did some. Ranger McDonald gave jailers the benefit of the doubt, 

by counting a cell check if jailers merely walked down the hall, even though they never looked 

into individual cells. Clearly, these were not cell checks by any standard, including all known jail 

standards in the United States and standards promulgated by the Texas Commission on Jail 

Standards.

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c. Kirk, Darien – Jailer 

34. Ranger McDonald also took Jailer Kirk’s statement. Jailer Kirk indicated that he 

was working with Jailer Gay, first shift, when Javonte died. First shift was from 7:00 a.m. to 3:00 

p.m. Jailer Kirk had worked for the Tarrant County Jail, as a corrections officer, for approximately 

six years. He was therefore very familiar with the custom and practice of the jail as to all issues 

relevant to claims in this case.

35. Jailer Kirk heard about Javonte's death after he had already ended his shift and left 

the jail. He said the name "Javonte Myers" sounded familiar, but he did not know who it was. 

Jailer Kirk volunteered, "And I ain’t know nothing about the guy, because I ain’t even know if he 

had any medical problems or anything, so." Jailer Kirk confirmed that he was working the "D" 

side on the day that Javonte died, and that Jailer Gay was covering the "C" side. Ranger McDonald 

confirmed that there were 39 cells on each side (for a total of 78 cells). Jailer Kirk said that, at the 

beginning of his shift, each jailer would choose a side because it would be easier for each jailer to 

only concentrate on one side. However, as alleged elsewhere in this pleading, the County left 

jailers to split work however they pleased.

36. Ranger McDonald confirmed that Jailer Kirk's name, as listed in certain Tarrant 

County Jail records, would be shown as "DA Kirk." Ranger McDonald also confirmed with Jailer 

Kirk that, when a jailer would log into the computer to make entries regarding cell checks, both 

jailers would make entries under one jailer's name. Ranger McDonald confirmed that, on the day 

Javonte died, all 39 cells were full on each side. Jailer Kirk recalled one inmate on "C" side being 

discharged, but he knew "it was full on both sides." Ranger McDonald then cut to the chase.

37. Ranger McDonald said, "Okay. All right. Well, so here's where the problem lies. 

And this really isn't a question, I'm just going to show you. So all of these entries, okay, it says 

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observation check start, observation check completed. Every one of these stars ... means that you 

didn't really do it. And it's on video, not ... so we got video of the actual inmate hallway and we 

have a video of the picket. And so we can see that you really didn't do it. . . . But the problem is, 

every time you write down here that you did something that you didn't really do, this is a 

government document. And so that's a felony every time you do that. I mean, you seem, to me, to 

be a nice guy. You've been working in there for six years. I'm more curious about ... there's no 

question that you did it. The question is why?"

38. Jailer Kirk did not deny that he had falsified observation records related not only to 

Javonte, who died as a result, but also all other inmates under his care. Jailer Kirk responded, 

"Really, we were just talking, just talking to [inaudible] the time and . . . ." Ranger McDonald 

confirmed that Jailer Kirk was saying that he and his partner were just talking instead of actually 

getting up and conducting checks which were recorded as being done.

39. Ranger McDonald indicated to Jailer Kirk the simple truth that, if Javonte had not 

died, no one would have ever known about recording cell checks that actually never occurred. 

Ranger McDonald asked, "If we were to look at weeks and weeks before, would we find more of 

[cell checks not conducted but which were recorded as being conducted]?" Originally, Jailer Kirk, 

said, "No." After Ranger McDonald told him to be honest, Jailer Kirk, upon information and belief 

far under-describing what actually occurred, said, "Okay, I'm going to be honest. Probably one or 

two times, like every other day, but majority time and space, you don't see these ... up on five. It 

had happened sometime [inaudible] the time. So I don't really do the walks."

40. Ranger McDonald and Jailer Kirk then had a discussion about the difficulty of 

doing all the work that was required of Jailer Kirk, with so many inmates, and conducting cell 

checks every 20 minutes. Ranger McDonald said, "You'd be hard-pressed to ever sit down, if you 

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did it right.” This did not excuse Individual Defendants from performing their duties, but it does 

inform related County policies, customs, and practices references in this complaint.

41. Returning to falsification of records during the time that Savion died, Ranger 

McDonald confirmed that it wasn't just Jailer Kirk that falsified observation records, but Jailer Gay 

as well. Ranger McDonald asked Jailer Kirk whether he and Jailer Gay discussed the records 

falsification issue, and whether they were prepared for something like this. Jailer Kirk responded, 

"Really, we weren't. I wasn't expecting it because, especially since I'd been there almost three 

years, I noticed that you get laid back once in a while, so." “Laid back” had apparently been 

allowed at the jail.

42. Ranger McDonald, pointing out what Jailer Kirk and Jailer Gay already knew, as 

well as the Sheriff of Tarrant County and all management between the Sheriff and the jailers, said, 

"So at about 10:44, this guy gives his tray back. And somewhere between 10:44 and four 

something, he dies. And if somebody that said that they were doing those checks, would have done 

them and realized that he was incapacitated. He might have survived. . . . I think that will probably 

bring home the importance of really doing those checks. Because like I told the last guy, I mean, 

whenever those guys are in that single cell like that, I mean it's like having a dog in a cage, he don't 

eat, he don't drink, he don't pee, he don't do anything without you giving him the ability. Right? ... 

And you're the only one that can get him medical attention. So my hope for you is if ... if you 

continue to be employed by the Sheriff's Office after this, is take that part more seriously. Think 

about it. If it was you or your brother in there, you would dang sure want somebody checking on 

him every time, I'm sure."

43. Ranger McDonald also said at one point, "I would think shift change would be a 

really important time to be thorough on your checks. But if you all would have been doing those 

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it would have been . . . so at 10:10, Inmate Myers was on camera receiving his tray, 10:44 Myers 

was viewed on camera placing his lunch tray back on the food cart. And so sometime after that, 

we don't know exactly when, but he was already in rigor when he got found. So he'd been dead a 

while."

d. Schuppert, Troy - Jailer

44. Ranger McDonald also interviewed Jailer Troy Schuppert. Ranger McDonald 

indicated that the reason for the interview was because Jailer Schuppert was working the evening 

(second) shift on June 19, 2020, when Javonte was found deceased.

45. Jailer Schuppert told Ranger McDonald that he would be working at the Tarrant 

County Jail two years as of August 2020. Jailer Schuppert said that prior to working at the jail, he 

worked at a Texas Department of Criminal Justice prison located in Amarillo. Jailer Schuppert 

said that the night Javonte died, he was working second shift with Jailer Esparza. They were 

working "75 C and D." Jailer Schuppert said that, technically, he and Jailer Esparza were both 

assigned to 75 CD, but since he had gotten to the jail, jailers split the sides on 75. One jailer would 

conduct cell checks on one side, and the other jailer on duty during a given shift would conduct 

cell checks on the other side. Jailer Schuppert said that the reason it was done that way was because 

they had 39 incarcerated persons with which they had to interact. They had to assure that showers 

occurred, phone calls were made, questions were answered, and medication was dispensed. He 

said, "There's a lot of things you got to run inside of that pod in 75." Upon information and belief, 

as alleged elsewhere in this complaint, this was not always the way work was divided.

46. Jailer Schuppert volunteered his opinion, regarding Javonte's death, that Officer 

Esparza was not involved. Jailer Schuppert said that the pod where Javonte was found was Jailer 

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Schuppert's pod, and not Jailer Esparza's pod. Jailer Schuppert said the whole side on which 

Javonte was incarcerated was Jailer Schuppert's responsibility. This was not entirely true.

47. Ranger McDonald obtained from Jailer Schuppert general information about the 

layout of the jail. Jailer Schuppert told Ranger McDonald that there were pods 75 C and D, and 75 

A and B. Those were on the same floor, but on opposite sides. Jailer Schuppert said that the entire 

jail, except the second floor, is comprised of single cells. Jailer Schuppert said that the second floor 

contains single cells used primarily for trustees. Jailer Schuppert said that the infirmary is on the 

fourth floor, and it had some cells in which more than one person would be incarcerated for medical 

reasons.

48. Ranger McDonald volunteered information about what he referred to as a "pretty 

nasty case." Jailer Schuppert referenced that occurring in November 2018, and he confirmed in 

response to Ranger McDonald's question that it was "an old man." Jailer Schuppert said, "I was 

just getting started. I was probably two, three weeks in, and I worked with one of the females that 

was involved in that." Ranger McDonald asked Jailer Schuppert if he had ever seen the video, and 

Jailer Schuppert said that he was never able to see it. Ranger McDonald said, "It was bad." Jailer 

Schuppert said, "It traumatized my sergeant and lieutenant at that time, and... I just took their word 

for it." Ranger McDonald responded, "Yeah. Bad old deal. For sure." Upon information and belief 

they were referencing the beating death of an inmate referenced in this complaint.

49. The interview returned to facts related to Javonte's death. Jailer Schuppert 

confirmed that he was working the 3:00 p.m. to 11:00 p.m. shift. He said that he conducted his 

initial jail checks when he came in. When he saw Javonte in the cell, he described his perception 

as, "Nothing really stood out when I came to inmate Myers. Really, the only thing that I noticed is 

his head. He was laying back on his mattress; he has mattress on his floor. And he was just laying 

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back . . ." Ranger McDonald interrupted Jailer Schuppert and said, "So, he was on the floor now, 

but he was still far enough back that you could see him when you looked through the . . ." Jailer 

Schuppert responded, "Just his head, yes sir."

50. Jailer Schuppert said that he was "just going to put it out there." Jailer Schuppert 

said that he knew that he was being complacent, and that he was supposed to look for Javonte's 

breathing - the rising of his chest-"and things of that nature." He said, "I was complacent in doing 

that." He said that instead of complying with his understanding of what he should have done, it 

was his practice "when [he] look[s] in their cells is I'm looking for something that stands out. 

Something out of the ordinary. That's [inaudible], so playing with feces, things of that nature. If 

they've got towel wrapped around their neck, anything like that." Upon information and belief, 

Jailer Schuppert was describing the custom and practice in the Tarrant County Jail, which was 

used by virtually all jailers, and known by supervisors. The custom and practice was not looking 

for the rise and fall of a person’s chest. Regardless, Jailer Schuppert did not find Javonte, deceased, 

until Javonte failed to respond to getting his food tray. It was only then when Jailer Schuppert 

opened the cell door and found Javonte deceased.

51. Jailer Schuppert said that the practice for feeding for him was to see the face of the 

person in the cell. Consistent with this practice, he went to Javonte's cell, banged on the cell door, 

opened the food port, and set Javonte's food tray. Javonte did not move. Jailer Schuppert said, 

"Hey." He then kept banging on the door and received no response. He then nudged Javonte's 

ankle, possibly through the open food port door. When he received no response, he called out to 

Jailer Esparza to assist him. Javonte's eyes were closed, and when Jailer Schuppert picked up his 

arm, he noticed that it did not feel right, it was stiff. This was rigor mortis, proving that Javonte 

had been deceased for quite some time.

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Plaintiff’s Original Complaint – Page 23 of 60

52. Jailer Schuppert, either attempting to deal with this situation or avoid liability, said, 

"And that's kind of the thing is, when I sat down and had a moment, I couldn't put his death on me 

because even if I would have came in there and... found him right when I came in there, the 

outcome would have been the same. But the hour and twenty-five minutes, I'm responsible for 

that. That's on me." Ranger McDonald told Jailer Schuppert that he appreciated Jailer Schuppert 

"owning up to that," and he said that he thought the Sheriff's Office would likewise appreciate it. 

Jailer Schuppert responded, "I can't try to blame that on anybody else. That was an hour and 

twenty-five minutes. He sat there way too long. That was my fault, so."

53. Ranger McDonald asked more about Javonte's body's position when Jailer 

Schuppert opened the cell door. Jailer Schuppert said that Javonte was just laying, and had his 

mattress kind of folded up a little bit on the floor. He said that Javonte's feet were facing the door, 

with his arms crossed around, and his head propped up. He said that Javonte's head was propped 

up by mattress.

54. Jailer Schuppert then described medical personnel appearing at the cell. Ranger 

McDonald, understanding that Javonte had been deceased for quite some time before being found, 

said, "Yeah, I'm surprised the medical personnel at that stage of death would even bother, really." 

Jailer Schuppert said that they were trying to "beat on" Javonte and "everything like that," and 

Javonte was not moving. The AED did not advise a shock, which was further indication that 

Javonte had been deceased for quite some time.

55. Ranger McDonald and Jailer Schuppert then discussed the manner in which cell 

checks were recorded. He confirmed that Jailer Esparza had logged into the system, and then would 

allow Jailer Schuppert to make entries into the system under Jailer Esparza's name. However, Jailer 

Esparza would actually put cell check entries into the system for both of them. He would write, 

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Plaintiff’s Original Complaint – Page 24 of 60

"75 CD observation check starts," or something similar. The two jailers would then both go out 

and conduct their cell checks on their specific side. Jailer Esparza would then type in something 

like, "75 CD observation check complete." Jailer Schuppert said typically on a shift one person 

would count, and the other person would do the full cell check on both sides. This showed that 

that the County left division of work duties to jailer discretion. Ranger McDonald indicated that 

the way that Jailer Schuppert described making such cell check entries was different from the prior 

shift, because sometimes one jailer would type into the system and at other times the other jailer 

would type into the system.

56. Ranger McDonald asked whether Jailer Schuppert had witnessed falsification of 

cell check records at the Tarrant County Jail before. Jailer Schuppert responded, "Not as blatant as 

I've heard it happen. I've seen it to where they'll put it in and they just won't go out there. I've seen 

that before." He also said, "Or that they'll put it in and they'll just kind of sit and pick it. And then 

the next 20 minutes they'll go and they're like, 'Alright, let's go do the walk.' I've seen that." Upon 

information and belief, he had seen it often.

57. Investigator Kline conducted an investigation of Javonte's death for the Tarrant 

County Sheriff's office, and he also interviewed Jailer Schuppert. Jailer Schuppert indicated that 

he worked second shift at the jail, from 2:30 P.M. to 11:00 P.M. Jailer Schuppert showed Detective 

Kline the online digital log for cell checks, jailer's input activity they are doing at the time into the 

log, which automatically digitally stamps the date and time. Jailer Schuppert showed Investigator 

Kline where he had entered each check of housing units C. The checks were approximately 20 

minutes apart. When Jailer Schuppert told Detective Kline that he checked Javonte in cell number 

two, he entered each check into the log. He said that he looked into each cell, including Javonte’s 

cell, during each check. He said that Javonte was in the same position on each check - laying on 

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the mattress on the floor of the cell. Javonte's feet were close to the cell door, with his head toward 

the back of the cell. Javonte's head was leaning slightly to the left, with his hands on his chest, and 

his feet and legs outstretched. Upon information and belief, jailer Schuppert failed to look for the 

rise and fall of Javonte's chest.

2. Tarrant County Sheriff Records

58. Tarrant County Sheriff records indicate that Jailer Esparza and Jailer Schuppert 

entered 75C with dinner trays at 4:21 P.M. on June 19th, 2020. Records further indicate that, at 

4:25 PM, Jailer Esparza fed Cell 12 while Jailer Schuppert fed Cell 1. At 4:25 P.M., Jailer 

Schuppert opened the food port to Cell 2, and offered a tray, while Jailer Esparza fed Cell 13. At 

4:26 P.M., there was no response from Javonte in Cell 2, to Schuppert, while at the same time 

Jailer Esparza was feeding Cell 14. Jailer Schuppert opened the (likely food port) door, and tapped 

Javonte's foot, receiving no response. Jailer Schuppert then gave Jailer Esparza the keys, and 

entered the cell. There was still no response from Javonte.

3. Medical Records / Death Reports

a. EMT Records

59. MedStar Mobile Healthcare records indicate that Javonte was found at the jail, on 

June 19, 2020, lying supine in the hallway. His vitals were respiration rate zero, Glasgow Coma 

Scale 3, no eye movement, no vocal/verbal, no motor response, and with a pulse of zero. Javonte 

was apneic. He had obvious signs of rigor mortis to his right arm (with his arm being held at a 90-

degree angle), his left arm, both hands, fingers, and jaw. Javonte also had non-reactive pupils. 

Javonte had been dead in his cell for hours.

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60. An EMT wrote into the medical record that the EMT was told by Tarrant County 

Sheriff's Office staff that there were "routine visual checks done on (Javonte) every 15 minutes." 

This was clearly false and designed to make jailers and the Sheriff's Office appear that they had 

done nothing wrong. Further, the EMT wrote, "The officer denied any report about [Javonte] from 

the crew he had relieved and was unable to give last known times seen awake and talking." This 

was in fact the custom and practice at the jail. There were inappropriate or no pass-down logs or 

information provided about specific inmates. Further, the EMT wrote, "EMS arrival [Javonte] was 

as noted and met criteria for withholding resuscitative efforts. Therefore, no resuscitation was 

administered by EMS and there were no objections by any provider or law enforcement on scene 

for pronouncing [Javonte] dead on arrival.”

b. Autopsy Report

61. The Tarrant County Medical Examiner's Office conducted an autopsy of Javonte. 

The findings indicated in part that Javonte was found unresponsive in a solitary floor on a cell 

mattress in the MHMR Unit at the Tarrant County Jail. Javonte was pronounced deceased at the 

scene. This is further evidence that Javonte had been deceased for hours before he was found. The 

cause of death was seizure disorder. Upon information and belief, had Javonte been properly 

observed, he could have received immediate medical treatment, and his life would've been saved. 

Tasha Z. Greenberg, M.D. signed off as the Deputy Medical Examiner conducting the autopsy.

c. Custodial Death Report (Filed with Attorney General)

62. Donnie Denton, with the Tarrant County Sheriff's Department, filed a custodial 

death report with the Attorney General of Texas regarding Javonte's death. He wrote that Javonte 

was only 28 years old at the time of his death, that his original incarceration at the jail was at 3:41 

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Plaintiff’s Original Complaint – Page 27 of 60

a.m. on June 17, 2020, and that he died at approximately 4:50 p.m. on June 19, 2020. Obviously, 

the time of death was false. Javonte had died hours earlier.

63. The custodial death report admitted that the medical cause of Javonte's death was a 

seizure disorder. Thus, Javonte's life could have been saved. An alleged offense for Javonte being 

incarcerated was trespass. This, along with public intoxication, is unfortunately a common offense 

alleged for people in our community who have serious mental health issues. In fact, the report 

admitted that Javonte exhibited mental health problems. The summary in the report leaves out 

important information regarding the failure to observe Javonte for hours after his death: "On June 

19, 2020, at approximately 16:28 hrs. Inmate Myers, Javonte was discovered in his cell 

unresponsive. A code was called and medical personnel responded to treat the inmate. An AED 

was placed on him and chest compressions were initiated. The AED stated to continue chest 

compressions. No shocks were advised nor administered. Inmate Myers was declared deceased by 

Medstar EMT at 16:50 hrs." 

d. Inmate Death Report (Filed with Texas Commission on Jail 

Standards)

64. The Tarrant County Sheriff’s Office likely also filed a required inmate reporting 

form with the Texas Commission on Jail Standards (“TCJS”). However, since the TCJS refused 

to produce records in response to several Public Information Act requests, Plaintiff did not have 

possession of it at the time this complaint was filed.

D. Investigations

1. Texas Rangers

65. As indicated above, the Texas Rangers investigated the decedent’s death. The 

purpose of a Texas Rangers investigation regarding a custodial death, such as the decedent’s, is to 

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Plaintiff’s Original Complaint – Page 28 of 60

determine whether there was any criminal responsibility for what occurred. Texas Rangers do not 

determine whether there is civil liability for violation of a person’s constitutional rights, such as 

that alleged in this case. Therefore, the Texas Rangers’ determination as to whether to turn the 

case over to a grand jury and recommended prosecution does not determine whether Defendants 

are liable for the decedent’s death. 

66. Ranger McDonald, mentioned above, originally arrived at the Tarrant County jail 

at approximately 6:30 P.M. on June 19, 2020 and met with Tarrant County Sheriff's Office Captain 

Michael Gravitt. Detective Klein was also on-scene speaking with officers who were responsible 

for that pod of the jail. Crime scene investigator, Christine Lawler, was also on-scene taking 

photographs. Ranger McDonald saw Javonte, laying supine on the floor just outside of cell 75-C2, 

covered with a blanket. "Myers was in rigor mortis with toes, hands, fingers and jaw extremely 

rigid, along with being cold to the touch."

67. Ranger McDonald noted that the purported written policy required inmates in the 

pod in which Javonte was incarcerated to be checked every 20 minutes. Detention officers are to 

make an entry into a digital log at the start and finish of every performed check. Ranger McDonald 

noted that Javonte's medical history indicated he suffered from seizures, bipolar disorder, acute 

encephalopathy, acute respiratory failure with hypoxia, altered mental status, and cardiac arrest.

68. When Ranger McDonald compared video recordings to electronic entries by jailer 

Gay and jailer Kirk, he found a number of false entries - those indicating that cell checks were 

conducted which, in fact, were not conducted. There were, at a minimum, 20 such checks, but 

when considered with false entries at the beginning and end of each purported check and/or end of 

each purported check, there were approximately 37 false entries. Upon information and belief, this 

was consistent with the custom and practice in the Tarrant County jail at the time of Javonte's 

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Plaintiff’s Original Complaint – Page 29 of 60

death. In the alternative, the sheer number of false entries supports single-incident liability. 

Further, upon information and belief, this was well known up through the management ranks at 

the jail and ultimately potentially to the Sheriff.

2. Texas Commission on Jail Standards

69. The TCJS conducted an investigation of the decedent’s death. The TCJS regularly 

conducts investigations of custodial deaths in Texas county jails, and it is the state agency charged 

with enforcing bare minimum jail standards. However, as stated above, Plaintiff was unable to 

obtain documents related to that investigation.

E. Monell Liability of Tarrant County

1. Introduction

70. Plaintiff sets forth in this section of the pleading additional facts and allegations 

supporting liability claims against the County pursuant to Monell v. Department of Soc. Svcs., 436 

U.S. 658 (1978). It is Plaintiff’s intent that all facts asserted in this pleading relating to policies, 

practices, and/or customs of the County support such Monell liability claims, and not just facts and 

allegations set forth in this section. Such policies, practices, and/or customs alleged in this 

pleading, individually and/or working together, and whether supporting episodic acts and omission 

and/or conditions of confinement claims, were moving forces behind and caused the constitutional 

violations, and damages and death, referenced herein. These policies, practices, and/or customs 

are pled individually and alternatively. The County knew, when it incarcerated the decedent, that 

its personnel, policies, practices, and/or customs were such that it could not meet its constitutional 

obligations to provide medical treatment to, and protect, the decedent. The County made decisions 

about policy and practice which it implemented through its commissioner’s court, its sheriff, its 

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jail administrator, and/or through such widespread practice and/or custom that such practice and/or 

custom became the policy of the County as it related to its jail. The Fifth Circuit Court of Appeals 

has made it clear that Plaintiff need not allege at the pleading stage the identity of the County’s 

chief policymaker. 

71. There were several policies, practices, and/or customs of the County which were 

moving forces behind, caused, were producing causes of, and/or proximately caused the decedent’s 

suffering and death, and other damages referenced in this pleading. The County made deliberate 

decisions, acting in a deliberately indifferent and/or objectively unreasonable manner, when 

implementing and/or allowing such policies, practices, and/or customs to exist. Further, when the 

County implemented and/or consciously allowed such policies, practices, and/or customs to exist,

it knew with certainty that the result would be serious injury, suffering, physical illness, and/or 

death. 

2. Tarrant County Policies, Practices, and Customs

72. Plaintiff lists beneath this heading County policies, practices, and/or customs which 

Plaintiff alleges, at times upon information and belief, caused, proximately caused, were producing 

causes of, and/or were moving forces behind all damages referenced in this pleading, including 

the decedent’s death. Thus, the County is liable for all such damages. These policies, practices, 

and/or customs worked individually, and/or in the alternative together, to cause the decedent’s 

death and all other damages asserted in this pleading. Moreover, when Individual Defendants 

violated any appropriate policies, practices, and/or customs, and/or other appropriate guidance 

and/or education provided to them as to how they are to perform their duties in the jail, such 

violation would be some evidence of a constitutional violation.

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Plaintiff’s Original Complaint – Page 31 of 60

73. The Tarrant County Sheriff's Department had, at the time of Javonte's death, a 

written definition in its standard operating procedures for its jail for a "face-to-face" observation. 

The Texas Commission on jail standards requires face-to-face observations. The Tarrant County 

Sheriff's Department written definition merely read in relevant part that a "face-to-face 

observation" was to "ensure that inmates are not being mentally, physically, or sexually abused." 

A jailer was to observe an inmate's "physical condition, activities, attitude, behavior, and morale." 

This definition was specifically for the general population portion of the jail. However, as indicated 

elsewhere in this complaint, jailers rotated throughout the jail. Thus, jailers were trained to merely 

observe certain things about an inmate. They were not required by the written policy to look for 

the rise and fall of the chest of an inmate who might appear to otherwise be sleeping. This violated 

all known jail standards.

74. The County had a policy, practice, and/or custom of allowing jailers to decide on a 

shift-by-shift basis, when two jailers worked a cell area with as many as 78 cells, how to split work 

duties. Thus, as indicated in this pleading, this could lead to one jailer making 78 observations on 

any given check. Thus, not even accounting for walking time, if a jailer took the entire 20 minutes 

to make a check of all cells, the jailers would have no more than approximately 15 seconds to 

observe each cell. This is far too short to conduct any meaningful check.

75. The County had a policy, practice, and/or custom of allowing jailers to input into 

records only “unusual” occurrences occuring on a shift. Thus, jailers could simply make no notes 

of what actually occurred, thus supporting giving short shrift to cell checks. This results in jailers 

becoming numb to things such as watching the rise and fall of an inmate’s chest, if the inmate 

otherwise appears to be sleeping.

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76. The County had a policy, practice, and/or custom of creating false observation 

records. When two jailers worked an area, the County allowed one jailer to log in under his name, 

whil allowing the other jailer to make entries. Likewise, the County would allow a jailer who 

logged in to records actions supposed taken by the other jailer. This violated all known standards, 

both inside and outside jails and leads to entries of cell checks not actually conducted.

77. The County had a policy, practice, and/or custom of allowing lax pass-down 

procedures. Jailer Esparza noted the the paperwork from the shift preceding his was “okay,” even 

though Javonte was lying in a cell deceased. Policy, practice, or custom was apparently such that, 

for example, oncoming shift jailers would not confirm with jailers on the prior shift that apparently 

sleeping prisoners were alive due to chest “rise and fall” observations.

78. The County had a policy, practice, and/or custom of rotating jailers in and out of 

special medical and mental health observation pods. This resulted in jailers not getting to know 

specific inmates, and their specific needs. This worked together with the appearent policy, 

practice, and/or custom of not information jailers of the medical and/or mental health needs or 

diagnoses of specific inmates. As show above, one jailer had no clue about Javonte’s preexisting 

medical issues.

79. The County had a practice and/or custom of directing jailers to be sure that proper 

periodic indications of prisoners observations were recorded in electronic records, even if those 

observations were not actually made. Jail management wanted to be sure that the jail looked good 

to the TCJS and other outside agencies, athe expense of the health and lives of inmates.

80. Upon information and belief, the County’s policy was not to regularly take samples 

of electronic records of cell checks and compare them to video recordings of the areas supposedly 

checked. This perpetuated the custom and practice of not conducting cell checks. 

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3. TCJS Records Demonstrating County Practices and/or Customs

81. TCJS reports and documents regarding inspections of the County jails further 

demonstrate these and other policies, practices, and/or customs which, when applied individually 

and/or working together, caused, were proximate causes of, and/or were producing causes of 

damages and death asserted in this pleading. On May 19 through 21, 2014, the Texas Commission 

on Jail Standards (TCJS) inspected the Tarrant County jails. The TCJS inspector reviewed a 

random selection of 50 files, interviewed staff and inmates, training records, and policies related 

to health services in the jail. While reviewing inmate folders, the TCJS inspector determined that 

medical paperwork in inmates' files should have been in their medical files. TCJS inspectors 

indicated that they would follow up in 30 to 90 days to ensure that all medical records, such as 

special medical housing assignments, inmate requests for medical services, and mental health 

services requests were maintained in inmates' medical folders and not in inmate custody files. This 

was a very important issue, as jailers and others in the jail could not have appropriate knowledge 

regarding inmates needing special services, such as the decedent.

82. On March 23, 2015, TCJS inspected the jails again. As a result of the inspection, 

the Tarrant County jail was listed as being non-compliant with TCJS minimum standards. The 

TCJS inspector determined that deficiencies existed. Upon information and belief, the inspection, 

based on a special inspection report related to it, resulted from the death of an inmate. 

Documentation received and reviewed by the TCJS revealed that Tarrant County jailers were not 

completing visual face-to-face observation of all inmates at least once every 60 minutes as required 

by minimum jail standards. It appears that Tarrant County's failure to do so led to the death of an 

inmate. This was notice, well before the decedent's death, that appropriate checks and observation 

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of inmates were critical. Moreover, the inspection report indicated the apparent custom and 

practice at the jail.

83. Between April 13 and 16, 2015, the TCJS inspected the jails once again. The TCJS 

inspector found, regarding health services, that the jail needed to ensure that classification notified 

a magistrate when it is suspected that an inmate may be suffering from a mental illness or mental 

retardation. The TCJS inspector, after reviewing documentation regarding inmates suspected of 

suffering from mental illness, determined that there was an incident in which MHMR felt that the 

magistrate should have been notified but there was no corresponding documentation to prove that 

the notification ever took place. As a result, jail staff had to begin attaching the following 

documents together: Continuity of Care Query return, mental/medical intake screening form, 

MHMR services request, and notification to a magistrate.

84. Between May 23-26, 2016, the TCJS inspected the jails once again. The TCJS 

inspector found, when reviewing inmate files, that some admission files were being contained with 

inmate medical paperwork. The inspector noted that such items should have been kept separate, in 

the medical section of the file. The inspector also noted that the majority of operational plans for 

the jail were last approved in year 2000 - almost 16 years before. The inspection team provided 

notes and suggestions for updates to operational plans and indicated that they would follow up 

with jail administration over the next 30 to 90 days to review progress on completion and 

submission of all operational plans.

85. Between April 17-19, 2017, the TCJS inspected the jails again. After reviewing a 

random sample of 50 inmate files, interviewing staff, and reviewing policy related to admission to 

the jail, and specifically when reviewing holding and detox cell face-to-face observation 

documentation, the inspection team observed that jail staff exceeded the 30-minute between check 

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requirement, for typical inmates and not those who are exhibiting bizarre behavior and/or need 

medical assistance, by as few as two minutes and by as many as eight minutes. As a result, the 

inspection team requested random audits to be submitted for a review during the following 90 

days. However, as Plaintiff has alleged and shown elsewhere in this complaint, the fact that 

observations were recorded in Tarrant County records was insufficient to prove that such 

observations actually occurred. In fact, it was a custom and practice to record observations and 

cell checks even though such observations and cell checks had not necessarily occurred.

86. Between March 25 and 27, 2019, the TCJS inspected the jails again. While 

reviewing the County's mental disability/suicide prevention plan, the inspectors determined that 

the duration and frequency of suicide prevention training for jail employees was not included. 

Thus, there was no requirement for how much training - and how often - jail staff would receive 

related to preventing and recognizing suicide. The inspectors noted that jail administration was 

"currently working on a plan of action for more overall training for jail staff to include suicide 

recognition/detention." The inspectors required that jail administration email to the inspectors a 

copy of the plan of action, including duration and frequency of suicide recognition/detection 

training once such was approved by the TCJS.

87. Between February 24 and 26, 2020, the TCJS inspected the jail again. While 

reviewing health services documentation, the TCJS inspection team discovered that, on six 

occasions, the suicide screening form was not being completed in its entirety. The inspection team 

noted the importance of ensuring that each box on the form be checked or answered, as dictated 

by the form. Inspectors required follow-up action, in that TCJS Inspector Jouett would identify 

screening forms that he wanted to review. Jail administration would then scan and email the forms 

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to Inspector Jouett. This procedure would occur over the next 30 to 90 days. If any deficiencies 

were noted, the TCJS would issue a notice of non-compliance to the jail.

88. On May 21, 2020, a special inspection of the jails occurred by the TCJS. Upon 

information and belief, the inspection occurred as a result of the death of inmate Dean Stewart. As 

a result of the inspection, and Mr. Stewart's death, the Tarrant County Jail was found to be noncompliant with minimum jail standards. The TCJS inspector, after reviewing video evidence and 

documentation, determined that face-to-face observations and discovery of Mr. Stewart exceeded 

the 30-minute mandate by 12 minutes. Thus, less than 30 days before the death of the decedent, 

Tarrant County Jail administration, including the jail administrator and the Tarrant County sheriff 

of were put on notice - once again - of the importance in ensuring that observations and cell checks 

were actually made. They knew, based upon this information and prior inspections, that simply 

recording information in the system regarding cell checks did not mean they actually had occurred. 

Regardless of this information, the customs and practices referencing this pleading continued in 

the jail. Unfortunately, Javonte had to suffer and die as a result.

89. Only six days later, on May 27, 2020, the TCJS inspected just a portion of the jails. 

The TCJS inspector noted, after reviewing four days of electronic round logs and housing areas 

where 30-minute observation/rounds are mandated, that there were no issues or violations. This 

allowed the Tarrant County jail, only six days after the prior inspection, to be compliant again. 

However, as shown elsewhere in this pleading, the fact that such electronic round logs indicated 

that cell checks were done did not in fact actually mean they had occurred. According to one 

Defendant in this case, as referenced in this pleading, jail staff all the way up from jailers through 

at least lieutenants, and upon information and belief possibly the Sheriff, stressed only making 

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sure that cell checks were recorded and not that the checks themselves actually occurred. This was 

the custom and practice in the jail.

90. Upon information and belief, after Javonte's death, the TCJS conducted a special 

inspection. However, even after many months of attempting to obtain those records, Plaintiff has 

been unable to do so. The TCJS has objected under the Public Information Act to Plaintiff 

obtaining those records. Upon information and belief, once those records are obtained, they will 

show that the Tarrant County Jail once again violated minimum jail standards.

91. Between March 8 and 12, 2021, the TCJS conducted another inspection of the jails. 

The results indicate customs and practices at the jail preceding Javonte's death. When inspectors 

reviewed health services documentation, the inspection team discovered that on four occasions a 

magistrate was not notified within 12 hours as required by the Texas Code of Criminal Procedure 

when an inmate likely had mental health issues. As a result, jail staff had to scan and email the 

lead inspector 20 forms every Friday for the following 30 to 90 days. If there were any deficiencies, 

the TCJS would issue an additional notice of non-compliance.

92. In fact, this inspection resulted in the Tarrant County Jail being listed at the TCJS 

website as being non-compliant. Equally troubling, when reviewing a random selection of officer 

TCOLE certification records, officer documentation, and interviewing staff, the inspectors 

determined while specifically reviewing 30-minute and 60-minute face-to-face observations that 

the Guard 1 electronic cell check system automatically indicated "out of compliance" on 

documentation when a jailer would go over the 20-minute or 40-minute internal facility policy 

required timeframe. Oddly, TCJS inspectors advised the jail on potential legal liability as a result 

since the TCJS had 30-minute and 60-requirements, and the jail allegedly had corresponding 20-

minute and 40-minute requirements, TCJS advised the jail to remove the "out of compliance" 

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wording to "reduce possible liability." The inspection report indicates that jail "staff agreed." In 

fact, oddly, TCJS inspectors required jail staff to notify the inspector when the "out of compliance" 

verbiage had been removed from the Guard 1 system. There was absolutely no state interest in 

such a requirement, other than protecting Tarrant County from civil liability.

4. Tarrant County Jail Suffering and Death Show a Custom and Pattern of 

Indifference

93. Other suffering and death in the Tarrant Countty jail support Monell liability. On 

October 18, 2010, Betty Rodgers turned herself into the Tarrant County Corrections Center, where 

she informed jail staff that she had Cirrhosis of the liver and ulcers that would bleed profusely if 

she is not given her medication. Upon information and belief, jail staff ignored Betty’s consistent 

requests for medication and refused to let her see a doctor. Because Betty did not receive her 

medication for days, she began vomiting blood, became lightheaded from blood loss, blacked out, 

hit her head on a metal table, woke up to blood everywhere in her cell, and then pressed the help 

button. The guard responding to the call simply looked into her cell and then left. Betty later 

received emergency treatment for her ulcers and head wound.

94. On January 11, 2011, James Hemphill, who used a wheel chair and had a known 

history of seizures and DTS, was on suicide watch at the Tarrant County jail and therefore under 

10-minute interval cell checks. Jail staff noted that James was on the floor from 8:03 P.M. to 10:54

P.M., but did not enter the cell to check on him. At 11:41 P.M., another jailer noted that James was 

unresponsive on the floor, started CPR, and called for medical assistance. James could not be 

revived and was later pronounced dead. 

95. On May 24, 2011, Kaleb Fitzgerald was found in a Tarrant County jail cell with his 

uniform tied around his neck. He was taken to the hospital and put on life support but eventually 

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was pronounced dead on June 1, 2011. The custodial death report does not include whether he was 

on suicide watch, whether he made suicidal statements, whether jailers checked on him in 

accordance with jail standards, and whether there were any other details related to his death. 

96. On or about July 16, 2011, Mike Martinez, a Tarrant County jail inmate with a 

history of diabetes and liver cirrhosis, had complained about stomach pain, did not get out of his 

bunk all day, and did not eat his meals or take his medication. That night, he was discovered 

unresponsive in his cell and later pronounced dead. 

97. On March 19, 2012, Johnathan Holden was found in a Tarrant County jail cell with 

a blanket wrapped around his neck. He was pronounced dead the next day. On or about March 5, 

2012, Jonathan Holden was booked into the Tarrant County jail on a non-violent burglary charge. 

Upon information and belief, Jonathan’s medical intake noted that he took prescription medication 

for schizophrenia, had attempted suicide 3 weeks prior, required a competency evaluation, and 

required a suicide prevention cell. On or about March 16, 2012, jail doctors recommended that 

Jonathan be transferred to an area at the Correction Center for low to medium-risk inmates. Instead 

of following this recommendation, jail staff transferred Jonathan to the Belknap Unity, a 

maximum-security unit that houses dangerous high-risk inmates. Jonathan was housed in a cell 

near another inmate, Steven Nelson, who jail staff knew was strong, violent, schizophrenic, not 

medicated, incarcerated for murdering a preacher, frequently in and out of solitary confinement, 

and had a history of assaulting other inmates at the jail (including “gassing” other inmates by 

spraying them with a mixture of his feces and urine). despite this information, jail staff allowed 

Nelson to be outside his cell without supervision while armed with a broom and blankets. On 

March 19, 2012, Nelson used the broom to provoke Jonathan and then fashioned a noose with 

blankets, placed the noose around Jonathan’s neck, and lifted him off the ground. Jail staff later 

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found Jonathan hanging from the cell bars with the blanket around his neck. He was pronounced 

dead the next day.

98. On June 24, 2012, Irvin Dorsey, who had a known history of strokes, was found in 

his cell at the Tarrant County jail in need of medical attention. The next day he was pronounced 

dead. The custodial death report lists the cause of death as a hemorrhagic stroke. 

99. On April 16, 2013, Bernard Eaglin was booked into the Tarrant County jail. 

Bernard was transferred to the medical floor on May 1, 2013 and then transferred to the hospital 

on May 15, 2013. Bernard died at the hospital from sepsis. 

100. On May 22, 2013, Eduardo Salazar was transported to the Tarrant County jail and 

housed on the medical floor. On May 26, 2013, Eduardo was transported to a hospital following a 

reported fall. The same day, he was transported back to the jail and returned to the medical floor. 

On June 4, 2013, Eduardo was again transported to the hospital following another reported fall and 

a seizure. He was later pronounced dead. The custodial death report lists the cause of death as blunt 

force trauma of head due to ground level fall. 

101. On or about December 12, 2013, Robert Simmons, who was housed in a single cell 

at the Tarrant County jail, was found unresponsive and later pronounced dead. The custodial death 

report lists the cause of death as heart disease, but does not give any further detail about what 

happened. 

102. On September 12, 2014, a nurse at the Tarrant County was passing out medication 

when she found that William Diener III was unresponsive, not breathing, and had no pulse. The 

custodial death report lists the cause of death as heart disease, but fails to include any information 

regarding whether William exhibited any signs that he needed emergency medical help earlier. 

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103. On November 4, 2014, Nathan Crawford was found in his Tarrant County jail cell 

with his blanket wrapped around his neck. Nathan was taken to the hospital where he died a few 

days later. The custodial death report does not give any information about whether Nathan made 

any suicidal statements, whether he suffered from any mental illness, or whether cell checks were 

performed in accordance with minimum jail standards. 

104. On March 11, 2015, Larry Crowley was booked into the Tarrant County jail and 

was cleared by MHMR to be housed in a single cell with MHMR to follow up at a later time. 

While passing food trays, jailers found Larry lying face down on the cell floor with a towel 

protruding from his mother. Soon after, medical personnel pronounced him dead. The custodial 

death report lists the cause of death as suicide, but fails to include whether Larry exhibited any 

mental health problems, whether he made any suicidal statements, whether he was on suicide 

watch, how long he was lying there before he was found, or whether there were any other issues 

related to his death. 

105. On April 9, 2015, Tarrant County jail staff found Joseph Wilson laying on the floor 

of his cell in a pool of blood coming from an apparent self-inflicted cut to his arm with a razor 

blade. Joseph was later pronounced dead. 

106. On or about June 7, 2015, John Polk II was found in his cell at the Tarrant County 

jail mumbling and unable to stand. He was later pronounced dead, and the cause of death was a 

brain hemorrhage. The custodial death report does not include any details on what caused the brain 

hemorrhage. 

107. On September 23, 2015, Tarrant County jailers arrived at the door of Krisha 

Blackwell’s cell and called for her to get her breakfast tray. When Krisha did not respond, one 

jailer tapped her foot on the cell door and the other jailer tapped metal keys on the door. When 

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Krisha still did not respond, the jailers noted she refused breakfast and moved on without going in 

to check on her. More than an hour later, medical staff distributing medications similarly could not 

get a response but continued distributing medications to other cells without checking on Krisha. 

After they finished, the jailers went into Krisha’s cell and realized she was not breathing. Krisha 

was later pronounced dead, and the cause of death was associated with her known seizure disorder.

108. On October 17, 2015, Lupita Hernandez knocked on her cell door and called out 

for attention, but the Tarrant County jail staff told her to wait. Lupita called out the jailer’s name 

again, and as the jailer approached the cell, Lupita collapsed on the floor. She was later pronounced 

dead. The cause of death was related to diabetes. 

109. On November 8, 2015, Andrew Canfield, who was housed in a holdover cell at the 

Tarrant County jail after asking to be moved from his last cell due to an altercation with another 

inmate, was found hanging by his clothes from the restroom bars in the cell. Andrew was 

pronounced dead the next day. The custodial death report does not state whether Andrew was on 

suicide watch or whether he had exhibited or was being treated for any mental health problems.

110. On or about October 18, 2017, Billy Freeland was booked into the Tarrant County 

jail, where he informed jail staff that he had a history of alcohol abuse. Billy’s family members 

reportedly informed jail staff that Billy would likely suffer side effects from alcohol withdrawal. 

On October 20, 2017, jail staff noted that Billy was naked in his cell, uncooperative, agitated, 

talking to and picking at the walls, and yelling at staff. On October 23, 2017, jail staff noted that 

Billy was lying on the cell floor, experiencing hallucinations, arm tremors, and labored breathing, 

and he was disoriented, combative, and resistant. Billy was later taken to hospital, where it was 

discovered that he was suffering from acute respiratory and renal failure and was essentially 

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unresponsive. He was placed in intensive care, but never regained consciousness and died on 

November 4, 2017.

111. On or about February 9, 2018, Robert Renfrow was transported from the Tarrant 

County jail to the hospital due to chest pains. Robert was later pronounced dead. The custodial 

death report lists his cause of death as acute respiratory distress, but fails to explain whether Robert 

had any related underlying illnesses, whether he was taking any medication, whether he exhibited 

any signs that he needed emergency medical treatment earlier, or whether there were any other 

issues related to his death. 

112. On November 7, 2018, Clinton Don Simpson was beaten to death by another 

inmate, David Flores, in the Tarrant County jail. Though Simpson and Flores were both classified 

as suicidal, jail staff housed both inmates together. 

113. On January 10, 2019, Jennifer Espinoza was booked into the Tarrant County jail, 

where medical staff determined that she was detoxing from heroin. On January 16, 2019, Jennifer 

was found in her cell unresponsive and later pronounced dead.

114. On April 4, 2019, Derick Wynn was booked into the Tarrant County jail. During 

the booking, housing, arraignment, and rehousing processes, Derick was combative and resisting 

jail staff, who used OC spray and various restraints on Derick. During the rehousing process after 

arraignment on April 5, 2019, Derick experienced a medical emergency in his cell and was later 

pronounced dead. The cause of death was a drug overdose. 

115. On July 26, 2019, Southany Khiengsombath, who was transferred from the Tarrant 

County jail to the John Peter Smith Hospital on July 8, 2019, was pronounced dead. The custodial 

death report gives little information about how this death occurred. It lists the cause of death as 

cardiac arrest, but also later mentions meningitis, encephalitis, and rhabdomyolysis. It also notes 

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that Southany was placed on suicide watch because he made statements that he wanted to die, but 

another portion of the report provides “no” to the questions “make suicidal statements?” and 

“exhibit any mental health problems?”

116. On July 31, 2019, Robert Miller, who was being booked into the Tarrant County 

jail, got into an altercation with the officers and was pepper sprayed. Robert was found in his cell 

unresponsive about an hour later and was pronounced dead the next day. 

117. On August 31, 2019, Jackson Murphy, who reported medical concerns of diabetes 

and hypertension at the time of booking into the Tarrant County jail, was pronounced dead. The 

custodial death report lists the cause of death as heart failure and explains that Jackson was brought 

to the hospital on July 22, 2019, then brought back to the jail on July 24, 2019, and then brought 

back to the hospital on August 6, 2019, but fails to note why Jackson was brought to the hospital, 

whether he was taking his medications, or whether he exhibited signs he needed emergency 

medical treatment.

118. On February 26, 2020, Ricky Farmer, who exhibited mental health problems and 

was housed in a single cell in the Tarrant County jail for his protection, was found lying on the 

floor of his cell. He was later pronounced dead. The custodial death report filed in June, far beyond 

the 30-day state law deadline, lists the cause of death as lack of oxygen but does not explain how 

the death occurred. 

119. On April 6, 2020, Dean Stewart was booked into the Tarrant County jail, classified 

as suicidal, and placed in a single cell for his protection. On April 26, 2020, Dean was found dead 

in his cell by suicide. On May 21, 2020, the Texas Commission on Jail Standards found Tarrant 

County jail out of compliance with minimum observation standards as the Tarrant County jail 

failed to conduct checks on Dean at least every 30 minutes, leaving him alone for nearly an hour 

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and checking on him late at least 3 times. Not long before Javonte's death, the Tarrant County 

Sheriff's office was - once again - put on notice of serious issues with its customs and practices 

related to inmate observation and care. This "last chance" to remedy these issues unfortunately 

was passed by with continued deliberate indifference. This opportunity came as a result of the 

death of Dean Stewart upon information and belief, in the five-hour period before his death, cell 

checks were conducted late, missing even a 30-minute timeline by 20 minutes or more, missed 

entirely, or conducted in a manner that was inconsistent with all known jail practices. They, as 

with Javonte, we're not conducted in face-to-face ways that are consistent with all known jail 

practices. Instead, one of more jailers merely walked by the cell and did not even look in. One 

Sergeant with the Tarrant County Sheriff's department, upon information and belief, said that three 

specific jailers "failed to complete the face-to-face observations, which resulted in the death of an 

inmate and their actions were both incompetent and deficient."

120. Further, the Sheriff's department learned from Mr. Dean's death, upon information 

and belief, that "each floor and officer conducted face-to-face observations differently." Moreover, 

upon information and belief, three jailers involved in Mr. Dean's death admitted violations of 

apparent written policy, but argued that their "violations" were not violations of custom and 

practice due to them being trained to do things the way that they did.

121. On May 17, 2020, Chasity Congious, a female inmate at the Tarrant County jail 

who suffers from mental health disorders and developmental disabilities, gave birth in the Tarrant 

County jail without jail staff’s knowledge. According to the federal lawsuit filed on January 13, 

2022, jail staff was aware that Chasity was pregnant, had severe mental health problems, was often 

nonverbal, would be unable to express symptoms of labor, and would not recognize if she were to 

go into labor. Nevertheless, she was returned from medical to the jail. Jail staff eventually found 

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Chasity bleeding in her cell and the baby with the umbilical cord around its neck. Though Chasity 

survived, the baby died within days. 

122. On June 24, 2020, mere days after Javonte’s death, Jason Martin, experienced an 

unknown medical emergency and collapsed at the Tarrant County jail and was later pronounced 

dead. The custodial death report lists the 40-year-old’s cause of death as heart disease, but fails to 

state whether Jason had been complaining, whether he took medication, or whether there are any 

other issues related to his death. 

123. On June 26, 2020, Abdullahi Mohamed, who exhibited mental health problems and 

was housed in a single cell at the Tarrant County jail, was pronounced dead. The facts surrounding 

his death are unclear. Abdullahi’s family claim they were told that he died after some kind of 

confrontation with the guards in the jail. The custodial death report, however, states that Abdullahi 

was laying on his mattress on the floor naked, failed to answer jail staff’s questions, did not eat his 

food, and became unresponsive and stopped breathing while in a wheelchair on the way to medical. 

The report further states that the 41-year-old’s cause of death could not be determined. 

124. On September 8, 2020, another inmate alerted Tarrant County jail staff that Dalanna 

Price was not breathing. When jail staff checked on Dalanna, they found her dead in her cell. The 

amended custodial death report lists the cause of the 44-year-old’s death as heart disease, but fails 

to notify the public as to whether Dalanna had been checked periodically as required by the Texas 

Commission on Jail Standards, whether she had been ill, whether she was on medication, or 

whether there are any other issues related to her death. 

125. On September 14, 2020, 34-year-old Andre Wilson was found lying on the floor of 

his cell. The custodial death report lists the cause of death as Cardiomegaly, but fails to give any 

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details about what happened, whether he had been checked on periodically, whether he had been 

ill, whether he was on medication, or whether there are any other issues related to his death.

126. On November 10, 2020, Kennie Craven was found unresponsive in his bed at the 

Tarrant County jail. He was later pronounced dead. The custodial death report lists the cause of 

death as heart disease, but fails to give any details about what happened, whether Kennie had been 

checked on periodically, whether he had been ill, whether he was on medication, or whether there 

are any other issues related to his death. 

127. On December 17, 2020, a Tarrant County jailer found inmate Jared Chapman 

hanging by a bedsheet from the ceiling of cell 41, but called for suicide assistance to cell 59. As 

the initial jailer was not at cell 59, the jailers had to yell to find each other. Once the backup jailer 

got to cell 41 and asked what was wrong, the initial jailer just pointed to Jared hanging in the cell. 

The backup officer immediately attempted to help Jared, but the initial officer “just stood there.” 

Additional jail staff arrived thereafter but were unable to use their 911 Rescue Tool as it was 

already in use upstairs. Jared later died of his injuries. 

128. On December 19, 2020, Tarrant County jailers called a medical code for Lee 

Haney, who was complaining of shortness of breath, at 4:30AM. Around 6:15AM, medical staff 

called for an ambulance to take Lee to a hospital. Around 11:21PM, Lee was pronounced dead. 

The custodial death report lists the 34-year-old’s cause of death as a pulmonary embolism, but 

fails to state whether Lee had complained previously, whether he had any history of blood clots or 

medical issues involving his lungs, or whether there are any other issues related to his death. 

129. On March 21, 2021, DeAnthony Taylor, who had a history of mental health 

problems, hypertension, hepatitis C. thyroid problems, and diabetes, was found unresponsive in 

his cell and was later pronounced dead at the Tarrant County jail. The custodial death report lists 

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the cause of death as heart disease, but fails to note whether he was on medication, whether he had 

complained to jailers, or whether there were any other issues related to his death. 

130. On July 20, 2021, Jeffrey Buchanan, who had a history of hyperthyroidism and 

hypotension and had exhibited mental health problems and made suicidal statements, but was 

housed in a multiple occupancy cell at the Tarrant County jail, was found having a seizure. After 

being transferred to medical and then a hospital, he was pronounced dead. The custodial death 

report lists his cause of death as cardiomegaly, but fails to state whether Jeffrey exhibited any 

warning signs of having a seizure, whether he had any history of seizures, whether any event or 

situation brought on the seizure, or whether there were any other issues related to his death. 

131. On August 15, 2021, Jeremiah Noble, housed in a single cell in the Tarrant County 

jail, was found hanging by a mattress over in his cell. A few days later, he was pronounced dead. 

The custodial death report does not state whether Jeremiah was on suicide watch, whether cell 

checks were completed in accordance with jail standards, or whether there were any other issues 

related to his death. 

132. On September 5, 2021, Tarrant County jail staff booked Tyler Huffman and 

discovered he was detoxing from unknown narcotics and had high blood pressure. Sometime after 

10:00PM on September 9, 2021, Tyler died in his cell from heart complications. Jail staff found 

Tyler around 6:00AM, and EMS pronounced him dead at 6:41AM. 

133. On September 14, 2021, Georgia Baldwin, who had exhibited mental health 

problems and was housed in a single cell in the Tarrant County jail, was found unresponsive in her 

cell and was later pronounced dead. The custodial death report filed September 23, 2021 states 

that the cause of death is pending autopsy results. No amended report has been filed. 

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134. On October 30, 2021, Leon Jacobs, who had known health issues, including WolffParkinson-White Syndrome, chest pain, and shortness of breath, was pronounced dead. He was 

booked into the Tarrant County jail on September 14, 2021 and tested positive for COVID-19 on 

September 27, 2021, but was not taken to the hospital until October 6, 2021. The custodial death 

report filed November 9, 2021 states that the cause of death is pending autopsy results. No 

amended report has been filed. 

135. On January 1, 2022, Alvie Johnson, a man accused of killing his daughter, was 

found unconscious in his Tarrant County jail cell with a head injury possibly from a ground level 

fall. Alvie was taken off life support and pronounced dead a few days later. The custodial death 

report filed by the Tarrant County Sheriff’s Office reports the cause of death as pending autopsy 

results and does not include any other information regarding how the death occurred, including 

whether he was on suicide watch. 

136. On February 25, 2022, Edgar Villatoro-Alvarez, who had exhibited mental health 

problems and was only 40 years old, experienced some sort of medical emergency at the Tarrant 

County jail and was later pronounced dead. The custodial death report filed by the Tarrant County 

Sheriff’s Office reports the cause of death as pending autopsy results and fails to include any other 

details regarding how the death occurred, what medical emergency he experienced, whether he 

had been on periodic observation, or whether he complained or exhibits any signs that he needed 

emergency medical treatment.

137. KERA News published an article on October 7, 2020 regarding deaths in the 

Tarrant County jail. The headline read, "Tarrant County Sheriff Bill Waybourn is running for reelection, and he's taking heat for the 10 inmates who died in his jail so far this year. COVID-19 is 

responsible for only one of those deaths." Shockingly, the second sentence in the article read, 

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"Waybourn attributes the increase to fate, and what he says is the relative ill health of the people 

who enter his jail." This does not pass constitutional muster. The article mentions Dean Stewart's 

death and the Tarrant County jail losing its state certification as a result. The article also mentions 

that, shortly after Mr. Stewart died, a prisoner actually gave birth inside of her jail cell, and no one 

knew about it. The baby died, and the mother was taken to a mental health facility. Her family said 

that she should have been in the mental health facility in the beginning.

III. Causes of Action

A. 14th Amendment Due Process Claims Under 42 U.S.C. § 1983: Objective 

Reasonableness Pursuant to Kingsley v. Hendrickson

138. In Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015), a pretrial detainee sued several 

jail officers alleging that they violated the 14th Amendment’s Due Process Clause by using 

excessive force against him. Id. at 2470. The Court determined the following issue: “whether, to 

prove an excessive force claim, a pretrial detainee must show that the officers were subjectively

aware that their use of force was unreasonable, or only that the officer’s use of that force was 

objectively unreasonable.” Id. (emphasis in original). The Court concluded that the objectively 

unreasonable standard was that to be used in excessive force cases, and that an officer’s subjective 

awareness was irrelevant. Id. The Court did so, acknowledging and resolving disagreement 

among the Circuits. Id. at 2471-72. The Court flatly wrote “the defendant’s state of mind is not a 

matter that a plaintiff is required to prove.” Id. at 2472. Instead, “courts must use an objective 

standard.” Id at 2472-73. “[A] pretrial detainee must show only that the force purposefully or 

knowingly used against him was objectively unreasonable.” Id. at 2473. Thus, the Court required 

no mens rea, no conscious constitutional violation, and no subjective belief or understanding of 

offending police officers, or jailers, for an episodic claim but instead instructed all federal courts 

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to analyze officers’, or jailers’, conduct on an objective reasonability standard. Since pretrial 

detainees’ rights to receive reasonable medical and mental health care, to be protected from harm, 

and not to be punished at all, also arise under the 14th Amendment’s Due Process Clause, there is 

no reason to apply a different standard when analyzing those rights.

139. Thus, the trail leads to only one place – an objective unreasonableness standard, 

with no regard for officers’ or jailers’ subjective belief or understanding, should apply in this case 

and all pretrial detainee cases arising under the Due Process Clause of the 14th Amendment. The 

Fifth Circuit, and the district court in this case, should reassess Fifth Circuit law in light of Kingsley

and apply an objective unreasonableness standard to constitutional claims in this case. The court 

should not apply a subjective state of mind and/or deliberate indifference standard. The Supreme 

Court discarded the idea that a pretrial detainee should have such a burden.

B. Remedies for Violation of Constitutional Rights 

140. The United States Court of Appeals for the Fifth Circuit has held that using a state’s 

wrongful death and survival statutes creates an effective remedy for civil rights claims pursuant to 

42 U.S.C. § 1983. Therefore, Plaintiff individually and for and on behalf of all wrongful death 

beneficiaries and Claimant Heirs, seeks, for causes of action asserted in this complaint, all 

remedies and damages available pursuant to Texas and federal law, including but not necessarily 

limited to the Texas wrongful death statute (Tex. Civ. Prac. & Rem. Code § 71.002 et seq.), the 

Texas survival statute (Tex. Civ. Prac. & Rem. Code § 71.021), the Texas Constitution, common 

law, and all related and/or supporting case law. If the decedent had lived, the decedent would have 

been entitled to bring a 42 U.S.C. § 1983 action for violation of the United States Constitution and 

obtain remedies and damages provided by Texas and federal law. Plaintiff incorporates this 

remedies section into all sections in this complaint asserting cause(s) of action.

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C. Cause of Action Against Individual Defendants Under 42 U.S.C. § 1983 for 

Violation of Constitutional Rights

141. In the alternative, without waiving any of the other causes of action pled herein, 

without waiving any procedural, contractual, statutory, or common-law right, and incorporating 

all other allegations herein (including all allegations in the “Factual Allegations” section above) to 

the extent they are not inconsistent with the cause of action pled here, Individual Defendants are 

liable to Plaintiff individually, any other wrongful death beneficiaries, and to Claimant Heirs, 

pursuant to 42 U.S.C. § 1983, for violating the decedent's rights to reasonable medical/mental 

health care, to be protected, and/or not to be punished as a pretrial detainee. These rights are 

guaranteed by at least the 14th Amendment to the United States Constitution. Pre-trial detainees 

are also entitled to protection, and also not to be punished at all since they have not been convicted 

of any alleged crime resulting in their incarceration. 

142. Individual Defendants acted and failed to act under color of state law at all times 

referenced in this pleading. They wholly or substantially ignored the decedent’s obvious serious 

medical and/or mental health issues, and/or failed to protect him, and they were deliberately 

indifferent to and acted in an objectively unreasonable manner regarding those needs. They failed 

to protect the decedent, and their actions and/or inaction referenced in this pleading resulted in 

unconstitutional punishment of the decedent. Individual Defendants were aware of the excessive 

risk to the decedent’s health and safety and were aware of facts from which an inference could be 

drawn of serious harm, suffering, and death. Moreover, they in fact drew that inference. Individual 

Defendants violated clearly–established constitutional rights, and their conduct was objectively 

unreasonable in light of clearly–established law at the time of the relevant incidents. 

143. Individual Defendants are also liable pursuant to the theory of bystander liability. 

Bystander liability applies when the bystander jailer/officer (1) knows that a fellow jailer/officer 

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is violating a person’s constitutional rights; (2) has a reasonable opportunity to prevent the harm; 

and (3) chooses not to act. As demonstrated through facts asserted in this pleading, Individual 

Defendants’ actions and inaction meet all three elements. They are therefore also liable to Plaintiff, 

and other wrongful death beneficiaries, and Claimant Heirs pursuant to this theory.

144. In the alternative, Individual Defendants’ deliberate indifference, conscious 

disregard, state of mind, subjective belief, subjective awareness, and/or mental culpability are 

irrelevant to determination of constitutional violations set forth in this section of this pleading. 

The United States Supreme Court, in Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015), determined 

the state of mind necessary, if any, for officers/jailers sued in a case alleging excessive force 

against a pretrial detainee in violation of the 14th Amendment’s Due Process Clause. Id at 2470-

71. Constitutional rights set forth in this section of the pleading, and constitutional rights affording 

pretrial detainees protection against excessive force, all flow from the 14th Amendment’s Due 

Process Clause. Id. Since such constitutional protections flow from the same clause, the analysis 

of what is necessary to prove such constitutional violations is identical.

145. Individual Defendants are not entitled to qualified immunity.1 Their failure to 

protect the decedent, and other actions and/or inaction referenced in this pleading, caused, 

1 The defense of qualified immunity is, and should be held to be, a legally impermissible defense. 

In the alternative, it should be held to be a legally impermissible defense except as applied to state 

actors protected by immunity in 1871 when 42 U.S.C. § 1983 was enacted. Congress makes laws. 

Courts do not. However, the qualified immunity defense was invented by judges. When judges 

make law, they violate the Separation of Powers doctrine, and the Privileges and Immunities 

Clause of the United States Constitution. Plaintiff respectfully makes a good faith argument for 

the modification of existing law, such that the court–created doctrine of qualified immunity be 

abrogated or limited. 

Individual Defendants cannot show that they are entitled to qualified immunity. This should 

be Individual Defendants’ burden, if they choose to assert the alleged defense. Qualified 

immunity, as applied to persons not immunized under common or statutory law in 1871, is 

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proximately caused, and/or were producing causes of the Decedent’s suffering and death and other 

damages mentioned and/or referenced in this pleading, including but not limited to those suffered 

by Plaintiff, any other wrongful death beneficiaries, and Claimant Heirs. 

146. Therefore, the decedent’s estate and/or his heirs at law (Claimant Heirs) suffered 

the following damages, for which they seek recovery from Individual Defendants:

• the decedent’s conscious physical pain, suffering, and mental anguish;

• the decedent’s loss of life and/or loss of enjoyment of life;

• the decedent’s medical expenses;

• the decedent’s funeral expenses; and

• exemplary/punitive damages.

untethered to any cognizable legal mandate and is flatly in derogation of the plain meaning and 

language of Section 1983. See Ziglar v. Abassi, 137 S. Ct. 1843, 1870-72 (2017) (Thomas, J., 

concurring). Qualified immunity should have never been instituted as a defense, without any 

statutory, constitutional, or long-held common law foundation, and it is unworkable, unreasonable, 

and places too high a burden on Plaintiffs who suffer violation of their constitutional rights. Joanna 

C. Schwartz, The Case Against Qualified Immunity, 93 Notre Dame L. Rev. 1797 (2018) 

(observing that qualified immunity has no basis in the common law, does not achieve intended 

policy goals, can render the Constitution “hollow,” and cannot be justified as protection for 

governmental budgets); and William Baude, Is Qualified Immunity Unlawful?, 106 Calif. L. Rev. 

45, 82 (2018) (noting that, as of the time of the article, the United States Supreme Court decided 

30 qualified immunity cases since 1982 and found that defendants violated clearly established law 

in only 2 such cases). Justices including Justice Thomas, Justice Breyer, Justice Kennedy, and 

Justice Sotomayor have criticized qualified immunity. Schwartz, supra at 1798–99. See also Cole 

v. Carson, _ F.3d _, 2019 WL 3928715, at * 19-21, & nn. 1, 10 (5th Cir. Aug. 21, 2019) (en banc) 

(Willett, J., Dissenting). Additionally, qualified immunity violates the separation of powers 

doctrine of the Constitution. See generally Katherine Mims Crocker, Qualified Immunity and 

Constitutional Structure, 117 Mich. L. Rev. 1405 (2019) (available at 

https://repository.law.umich.edu/mlr/vol117/iss7/3). Plaintiff includes allegations in this footnote 

to assure that, if legally necessary, the qualified immunity abrogation or limitation issue has been 

preserved.

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Plaintiff’s Original Complaint – Page 55 of 60

147. Plaintiff and any other wrongful death beneficiaries also individually seek and are

entitled to all remedies and damages available to each such person individually for 42 U.S.C. § 

1983 claims. Ms. Miller seeks such damages as a result of the wrongful death of her son. Those 

damages were caused and/or proximately caused by Individual Defendants. Therefore, their 

actions caused, were a proximate cause of, and/or were a producing cause of the following 

damages suffered by these people, for which they individually seek compensation: 

• loss of services Ms. Miller would have received from the decedent;

• expenses for the decedent’s funeral;

• past mental anguish and emotional distress suffered by Ms. Miller resulting from and 

caused by the decedent’s death;

• future mental anguish and emotional distress suffered by Ms. Miller resulting from and 

caused by the decedent’s death;

• loss of companionship and/or society, as applicable, that Ms. Miller would have 

received from the decedent; and 

• exemplary/punitive damages.

Exemplary/punitive damages are appropriate in this case to deter and punish clear and unabashed 

violation of the decedent’s constitutional rights. Individual Defendants’ actions and inaction 

showed a reckless or callous disregard of, or indifference to, the decedent’s rights and safety. 

Moreover, Plaintiff individually and on behalf of any other wrongful death beneficiaries and 

Claimant Heirs seeks reasonable and necessary attorneys’ fees available pursuant to 42 U.S.C. §§ 

1983 and 1988. 

D. Cause of Action Against Tarrant County Under 42 U.S.C. § 1983 for Violation of 

Constitutional Rights

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Plaintiff’s Original Complaint – Page 56 of 60

148. In the alternative, without waiving any of the other causes of action pled herein, 

without waiving any procedural, contractual, statutory, or common-law right, and incorporating 

all other allegations herein (including all allegations in the “Factual Allegations” section above) to 

the extent they are not inconsistent with the cause of action pled here, Defendant Tarrant County

is liable to Plaintiff, any other wrongful death beneficiaries, and Claimant Heirs, pursuant to 42 

U.S.C. § 1983, for violating the decedent’s rights to reasonable medical/mental health care, to be 

protected, and/or not to be punished as a pre-trial detainee. These rights are guaranteed by at least 

the 14th Amendment to the United States Constitution. Pretrial detainees are entitled to be 

protected and not to be punished at all, since they have not been convicted of any alleged crime 

resulting in their incarceration. 

149. The County acted or failed to act, through natural persons including Individual 

Defendants, under color of state law at all relevant times. The County’s policies, practices, and/or 

customs were moving forces behind and caused, were producing causes of, and/or were proximate 

causes of the decedent’s suffering, damages, and death, and all damages suffered by Plaintiff, any 

other wrongful death beneficiaries, and Claimant Heirs. 

150. The Fifth Circuit Court of Appeals has made it clear that Plaintiff need not allege 

the appropriate chief policymaker at the pleadings stage. Nevertheless, out of an abundance of 

caution, the sheriff of the County was the County’s relevant chief policymaker over matters at 

issue in this case. Moreover, in addition, and in the alternative, the County jail administrator was 

the relevant chief policymaker over matters at issue in this case. Finally, in addition, and in the 

alternative, the County’s commissioners’ court was the relevant chief policymaker.

151. The County was deliberately indifferent regarding policies, practices, and/or 

customs developed and/or used with regard to issues addressed by allegations set forth above. It 

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Plaintiff’s Original Complaint – Page 57 of 60

also acted in an objectively unreasonable manner. Policies, practices, and/or customs referenced 

above, as well as the failure to adopt appropriate policies, were moving forces behind and caused 

violation of the decedent’s rights and showed deliberate indifference to the known or obvious 

consequences that constitutional violations would occur. The County’s relevant policies, 

practices, and/or customs, whether written or not, were also objectively unreasonable as applied 

to the decedent. 

152. Therefore, the decedent’s estate and/or his heirs at law (Claimant Heirs) suffered 

the following damages, for which they seek recovery from the County:

• the decedent’s conscious physical pain, suffering, and mental anguish;

• the decedent’s loss of life and/or loss of enjoyment of life;

• the decedent’s medical expenses; and

• the decedent’s funeral expenses.

153. Plaintiff and any other wrongful death beneficiaries also individually seek and are

entitled to all remedies and damages available to each such person individually for the 42 U.S.C. 

§ 1983 violations. Ms. Miller seeks such damages as a result of the wrongful death of her son. 

The County’s policies, practices, and/or customs caused, were proximate and/or producing causes 

of, and/or were moving forces behind and caused the following damages suffered by these people, 

for which they individually seek compensation: 

• loss of services that Ms. Miller would have received from the decedent;

• expenses for the decedent’s funeral;

• past mental anguish and emotional distress suffered by Ms. Miller resulting from 

and caused by the decedent’s death;

• future mental anguish and emotional distress suffered by Ms. Miller resulting from 

and caused by the decedent’s death; and

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• loss of consortium, companionship, and/or society, as applicable, that Plaintiff and

Ms. Miller would have received from the decedent.

Moreover, Plaintiff individually and on behalf of any other wrongful death beneficiaries and 

Claimant Heirs seeks reasonable and necessary attorneys’ fees available pursuant to 42 U.S.C. §§ 

1983 and 1988. 

 

IV. Concluding Allegations and Prayer

A. Conditions Precedent

154. All conditions precedent to assertion of all claims herein have occurred.

B. Use of Documents at Trial or Pretrial Proceedings

155. Plaintiff and Claimant Heirs intend to use at one or more pretrial proceedings and/or 

at trial all documents produced by Defendants in this case in response to written discovery requests, 

with initial disclosures (and any supplements or amendments to same), and in response to Public 

Information Act request(s). 

C. Jury Demand

156. Plaintiff and Claimant Heirs demand a jury trial on all issues which may be tried to 

a jury.

D. Prayer

157. For these reasons, Plaintiff asks that Defendants be cited to appear and answer, and 

that Plaintiff, any other wrongful death beneficiaries, and Claimant Heirs have judgment for 

damages within the jurisdictional limits of the court and against all Defendants, jointly and 

severally, as legally available and applicable, for all damages referenced above and below in this 

pleading:

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a) actual damages and including but not necessarily limited to for:

• loss of services that Ms. Miller would have received from the 

decedent;

• medical expenses for the decedent;

• expenses for the decedent’s funeral;

• past mental anguish and emotional distress suffered by Ms. Miller 

resulting from and caused by the decedent’s death;

• future mental anguish and emotional distress suffered by Ms. Miller 

resulting from and caused by the decedent’s death;

• the decedent’s conscious physical pain, suffering, and mental health 

anguish;

• the decedent’s loss of life and/or loss of enjoyment of life; and 

• Ms. Miller’s loss of companionship and/or society, as applicable;

b) exemplary/punitive damages from Individual Defendants (Mr. Gay and Mr. 

Kirk);

c) reasonable and necessary attorneys’ fees through trial and any appeals and 

other appellate proceedings, pursuant to 42 U.S.C. §§ 1983 and 1988;

d) court costs and all other recoverable costs;

e) prejudgment and postjudgment interest at the highest allowable rates; and

f) all other relief, legal and equitable, general and special, to which Plaintiff, 

any other wrongful death beneficiaries, and Claimant Heirs are entitled.

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Plaintiff’s Original Complaint – Page 60 of 60

Respectfully submitted:

Law Offices of Dean Malone, P.C.

 /s/ T. Dean Malone

T. Dean Malone

T. Dean Malone

Attorney-in-charge

dean@deanmalone.com

Texas State Bar No. 24003265

Law Offices of Dean Malone, P.C.

900 Jackson Street, Suite 730

Dallas, Texas 75202

Telephone: (214) 670-9989

Telefax: (214) 670-9904

Of Counsel:

Michael T. O'Connor

Texas State Bar No. 24032922

michael.oconnor@deanmalone.com

Kristen Leigh Homyk

Texas State Bar No. 24032433

kristen.homyk@deanmalone.com

Brandie A. Moser

Texas State Bar No. 24123223

brandie.moser@deanmalone.com

Jordan A. Shannon

Louisiana Bar No. 37868

jordan.shannon@deanmalone.com

Law Offices of Dean Malone, P.C. 

900 Jackson Street, Suite 730

Dallas, Texas 75202

Telephone: (214) 670-9989

Telefax: (214) 670-9904

Attorneys for Plaintiff

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