Edmiston v. Culberson Cnty.

580 F.Supp.3d 411

Shanon EDMISTON, individually; Helen Holman, as dependent administrator of, and on behalf of, Lisa Williams a/k/a Lisa Schubert, E.S., J.S. #1, J.S. #2; and Shanon Edmiston, the Estate of John Robert Schubert, Jr., and John Robert Schubert, Jr.’s heirs-at-law, Plaintiffs,

v.CULBERSON COUNTY, TEXAS ; Oscar Borrego, Sr.; Oscar E. Carrillo; Ernesto Diaz; Peter E. Melendez; and Adelaida Zambra, Defendants.

CAUSE NO. EP-21-CV-132-KC

United States District Court, W.D. Texas, El Paso Division.

Signed January 13, 2022

Michael Thomas O'Connor, Thomas Dean Malone, Brandie A. Moser, Kristen Leigh Homyk, Law Offices of Dean Malone, P.C., Dallas, TX, for Plaintiff Shanon Edmiston.

Brandie A. Moser, Kristen Leigh Homyk, Thomas Dean Malone, Law Offices of Dean Malone, P.C., Dallas, TX, for Plaintiff Helen Holman.

Thomas Phillip Brandt, John Francis Roehm, III, Christopher Thomas Brandt, Fanning Harper Martinson Brandt & Kutchin, P.C., Dallas, TX, for Defendants Texas Culberson County, Oscar Borrego, Sr., Oscar E. Carrillo, Peter E. Melendez.

ORDER

KATHLEEN CARDONE, UNITED STATES DISTRICT JUDGE

On this day, the Court considered Defendants’ Motions to Dismiss for Failure to State a Claim. ECF No. 15 ("Borrego Motion"), ECF No. 16 ("Zambra Motion"), ECF No. 17 ("Melendez Motion"), ECF No. 18 ("Diaz Motion"), ECF No. 19 ("Carrillo Motion"), ECF No. 20 ("County Motion"). For the reasons discussed herein, the Borrego, Melendez, and Carrillo Motions are GRANTED in part and DENIED in part. The Zambra and Diaz Motions are GRANTED . The County's Motion is DENIED .

I. BACKGROUND¹

A. July 6–7, 2019 Incident

This case arises from the suicide of John Robert Schubert, Jr. On the evening of July 6, 2019, Schubert was wandering around Van Horn, Texas. Compl. ¶ 12, ECF No. 1. At approximately 11:05 p.m., Jailer Oscar Borrego, Sr. answered a 911 call from Schubert during which Schubert said someone was trying to kill him. Compl. ¶ 15. At 11:09 p.m., Jailer Borrego received another 911 call, this time from an off-duty officer, reporting that a man, identified by Plaintiffs as Schubert, knocked on the officer's door and said that someone was trying to kill him. Compl. ¶ 15. Shortly thereafter, Jailer Borrego received still another 911 call from the El Capitan Hotel in Van Horn reporting that a man, later identified as Schubert, told a hotel employee that someone was trying to kill him. Compl. ¶ 16.

Jailer Borrego notified Deputy Peter Melendez, who traveled to the hotel to locate the man reported in the 911 calls. Compl. ¶¶ 16, 33. At 11:15 p.m., Deputy Melendez found Schubert at the hotel. Compl. ¶ 33. Schubert appeared nervous and told Deputy Melendez that someone was trying to kill him, but he did not give the name or a description of the alleged assailant. Compl. ¶ 33. Deputy Melendez then took Schubert to a Border Patrol station for identification and learned that Schubert had an active arrest warrant for an alleged parole violation. Compl. ¶¶ 22, 34.

On July 7, 2019, at 12:14 a.m., Deputy Melendez brought Schubert to the Culberson County jail and put him in the jail's booking area. Compl. ¶ 17. Deputy Melendez was then dispatched for another call and left the jail. Compl. ¶ 36. Around the same time, Jailer Adelaida Zambra arrived at the jail for her work shift, and Jailer Borrego told her that he would handle Schubert so that she could handle dispatching duties. Compl. ¶ 42.

Sometime after 12:59 a.m., Sheriff Oscar Carrillo, who had been monitoring the police radio and heard the radio calls related to Schubert, arrived at the jail. Compl. ¶¶ 21–22. Sheriff Carrillo asked Schubert questions about what he was doing in Van Horn, and Schubert told Sheriff Carrillo that he had departed from a halfway house facility in Horizon, Texas, without permission, and he would not be allowed to return to the facility. Compl. ¶ 23. He also reported that he had hitchhiked from El Paso, where he had been in rehab. Compl. ¶¶ 23, 28. Schubert appeared cooperative and truthful in his responses to Sheriff Carrillo. Compl. ¶ 24. During the conversation, Schubert was not wearing a shirt, and he told Sheriff Carrillo that he was not wearing the shirt because it was wet. Compl. ¶ 28. Two other officers witnessed some or all of this questioning: Jailer Borrego was present for the interview, Compl. ¶ 24, and Deputy Ernesto Diaz witnessed at least part of the conversation between Sheriff Carrillo and Schubert after arriving at the jail at approximately 1:10 a.m. Compl. ¶¶ 30–31.

At 1:35 a.m., Jailer Borrego gave Schubert jail clothing and placed him in an individual cell. Compl. ¶¶ 18–19, 28. At this point, Deputy Melendez returned to the jail and assisted Jailer Borrego in locking Schubert into the cell. Compl. ¶ 36. Schubert repeated to Deputy Melendez that someone was trying to kill him, but he did not give the name or a description of the alleged assailant. Compl. ¶ 36. Jailer Borrego also provided Schubert with a mattress at Sheriff Carrillo's direction. Compl. ¶ 24. At 1:48 a.m., after locking Schubert in the cell, Jailer Borrego, Sheriff Carrillo, and Deputy Diaz left the jail, leaving Jailer Adelaida Zambra as the sole jail employee on duty to monitor both radio dispatch and the detainees. Compl. ¶¶ 19, 28. Upon leaving the jail, Jailer Borrego told Jailer Zambra that Schubert was locked in an individual cell and requested a license and criminal history check on Schubert. Compl. ¶ 43. Jailer Zambra conducted the checks and also requested Schubert's medical history report. Compl. ¶¶ 44–45.

At approximately 2:42 a.m., Jailer Zambra manually checked on the jail's detainees. Compl. ¶ 46. When she arrived near Schubert's cell, she saw Schubert kneeling on the ground, hanging from a sheet that was tied around his neck and secured to a shelf. Compl. ¶ 46. She called out to Schubert, but he was unresponsive. Compl. ¶ 46. At approximately 2:44 a.m., Jailer Zambra called Deputy Melendez and Sheriff Carrillo and reported the situation. Compl. ¶ 46. Soon after, Sheriff Carrillo arrived at the jail, removed the sheet from Schubert's neck, and proceeded to perform CPR. Compl. ¶ 47. Jailer Zambra called emergency services at approximately 2:50 a.m. Compl. ¶ 47. Emergency services arrived at the jail at 2:59 p.m., at which point Schubert was not breathing and did not have a pulse. Compl. ¶ 49. Schubert was transported to Culberson Hospital emergency room, where he was later pronounced dead. Compl. ¶ 27. The autopsy of Schubert's body indicates that the cause of his death was asphyxia by hanging. Compl. ¶ 50.

At no point during Schubert's detention did any of the Individual Defendants complete a Screening Form for Suicide and Medical/Mental/Developmental Impairments, which the Texas Commission on Jail Standards ("TCJS") requires be completed for all for new detainees. Compl. ¶¶ 19, 59; see 37 Tex. Admin. Code § 273.5(b) (2021) ("An approved mental disabilities /suicide prevention screening instrument shall be completed immediately on all inmates admitted."). The form includes questions about whether the detainee is experiencing suicidal ideations, substance abuse problems, depression, paranoia, hallucinations, or other mental health issues. Compl. ¶ 59. If a detainee answers affirmatively, the interviewing officer is required to notify a supervisor, magistrate, or mental health services immediately. Compl. ¶ 59.

In the Inmate Death Report related to Schubert's death, Sheriff Carrillo indicated that it was "unknown" whether Schubert was intoxicated during his detention or whether Schubert had any medical conditions. Compl. ¶ 53. The Report also states that Schubert was not on suicide watch. Compl. ¶ 53.

Following Schubert's death, the Texas Commission on Jail Standards conducted a Death-In-Custody Review of the incident. Compl. ¶ 56. The inspector found two violations of minimum standards and issued a notice of non-compliance to Culberson County. Compl. ¶¶ 56–57. The TCJS technical assistance memorandum addressing these violations warned Culberson County to "ensure all inmates are properly classified prior to placing them into a ... cell." Compl. ¶ 68. The Special Inspection Report from TCJS also indicated that "deficiencies exist[ed]" at the facility that required "immediate consideration" and for the jail officials "to promptly initiate and complete appropriate corrective measures." Compl. ¶ 58.

B. Past Incidents at Culberson County Jail

In their Complaint, Plaintiffs allege several past events related to jail suicides and suicide prevention practices in Culberson County, which Plaintiffs argue are relevant to their claims in this case. First, two years prior to Schubert's death, another detainee committed suicide while in the custody of Culberson County. On November 2, 2017, Melody Kopera died after hanging herself with a sheet at the Culberson County jail, where she had been detained after being arrested. Compl. ¶ 91. Kopera was screened for mental health issues and suicide risk upon arrival, and she stated that she had a history of drug use, felt depressed, suffered from Post-Traumatic Stress Disorder, had been receiving mental health treatment, and had attempted suicide in the past. Compl. ¶¶ 92, 99. She said that she believed she had recently suffered a concussion and was also worried that someone might hurt or kill her. Compl. ¶¶ 92, 99. Though Kopera's responses to the screening questions strongly suggested suicide risk, she was not put on suicide watch, and jail employees did not notify a magistrate, supervisor, or mental health professional. Compl. ¶¶ 92, 98. On October 28, 2017, Kopera was found hanging in her cell by a bed sheet that was tied to a shelf. Compl. ¶¶ 92, 102–03. She was later pronounced dead. Compl. ¶ 92. TCJS found one violation of minimum jail standards related to Kopera's death and issued a notice of non-compliance to Culberson County. Compl. ¶¶ 92–93. Specifically, Culberson County violated TCJS's "Identification" standard by failing to...