In Texas, the rights of individuals don’t all simply vanish upon incarceration.
With more than 133,772 incarcerated individuals, the most in any state in the country, questions about prisoner rights in Texas arise all the time. One of the most common questions from prisoners is: Can I sue a jail or prison for negligence?
Can an inmate in Texas sue a jail or prison for negligence?
Most personal injury claims, including those stemming from injuries in jail and prison, hinge on the concept of negligence.
The term negligence signifies a failure on the part of an individual or organization to exercise reasonable care. To establish negligence, an inmate must prove three elements:
- The defendant owed the inmate a duty of care,
- The defendant breached the duty of care, and
- The breach was the direct cause of the harm suffered by the inmate.
The family of an inmate who died of a fentanyl overdose while in custody at the Tarrant County Jail in Fort Worth, Texas, sued the jail.
The lawsuit, filed on behalf of Trelynn D’Maun Wormley, who died in his jail cell while awaiting trial, alleges that the jail failed to follow proper procedures to prevent the illegal flow of drugs into the facility.
More specifically, the lawsuit alleges that the jail failed to adequately train staff, conduct proper searches, and implement necessary protocols to prevent the illegal flow of drugs.
“Men and women in jail should have the least amount of opportunities to ingest controlled substances, whether intentionally or unintentionally, as the jail should be secure,” states the complaint.
Trelynn’s family is seeking $1 million in damages. The lawsuit is currently pending.
Just like people who are not incarcerated, people in jails and prisons have the right to file lawsuits against the jail or prison. However, inmates face several obstacles that free citizens do not when it comes to filing a personal injury lawsuit.
The Prison Litigation Reform Act
The Prison Litigation Reform Act (PLRA) is a federal law that requires inmates to exhaust all administrative remedies before they’re permitted to file a personal injury lawsuit.
To put it simply, before you file a lawsuit, you must first try to resolve your complaint through the prison’s existing grievance procedures.
In most prisons and jails in Texas, exhausting all administrative remedies requires filing a Step 1 and Step 2 grievance. The Step 2 grievance essentially serves as an appeal of the decision made in the Step 1 grievance.
The specific procedure for filing grievances differs by facility. What’s more, these procedures can change over time. Nevertheless, here are some general guidelines to get you started:
Filing a grievance with the Texas Department of Criminal Justice
For inmates in the Texas Department of Criminal Justice (TDCJ), complete the following steps:
- Talk to the prison staff about your problem (this is called an “informal resolution”).
- Obtain a Step 1 grievance form from TDCJ. These forms should be available in the law library and in your housing unit.
- When writing your grievance, follow these general guidelines:
- a. Write one grievance per problem.
- b. Explain who you talked to and what they did (if anything) about your problem during the informal resolution phase.
- c. File your grievance within 15 days of the problem.
- d. Include information about how you would like to have the problem resolved.
- e. Avoid using vulgar or threatening language.
- TDCJ has 40 days to respond to your grievance. As soon as the 40 days are up or as soon as you receive a response, you can file a Step 2 grievance.
- File a Step 2 grievance within 15 days of receiving the response to your Step 1 grievance.
- TDCJ has 35 days to respond to your Step 2 grievance.
Be sure to keep copies of your returned grievances. You may need them if you decide to file a lawsuit, and they can be difficult to obtain after the fact.
Filing a grievance in a county jail
When it comes to filing a grievance in a county jail, the process differs considerably from facility to facility. Check your inmate handbook for information about how to file a grievance. If you weren’t given a handbook, ask the jail staff or an attorney in your county how to file a grievance.
County jails are inspected every year by the Texas Commission on Jail Standards. You can report a problem to the Commission using the Texas Commission on Jail Standards website. Reporting a problem to the Commission does not count as filing a grievance, but it may resolve your issue.
Filing a grievance in the Texas Juvenile Justice Department
Inmates in the Texas Juvenile Justice Department (TJJD) have several options for filing a grievance.
For children in custody, grievance forms are available from the grievance clerk in each dorm. Children should request the form, complete it, and place it in the drop box in their dorm. The TJJD has 15 days to respond to the grievance.
For parents, guardians, and other youth advocates, grievances can be submitted to TJJD by calling 1-877-786-7263 or by emailing [email protected].
If TJJD doesn’t respond to a grievance within 15 business days, an appeal must be made. If the appeal doesn’t resolve the problem within 15 business days, a second appeal must be filed with TJJD’s executive director at TJJD’s central office.
Qualified immunity for state and federal employees
State and federal employees (such as prison guards in state prisons) are immune from lawsuits (meaning they cannot be sued) unless the lawsuit alleges a violation of a clearly established statutory or constitutional right.
The Federal Tort Claims Act
If you were injured in federal prison, you must follow federal tort claim procedures. Among other things, this means that, before you file a lawsuit, you need to provide notice of your claim to the appropriate federal agency by filing a Standard Form 95 within two years of the incident that caused the injury.
Common types of personal injury lawsuits filed by prisoners
Assuming qualified immunity doesn’t apply, and the claim is legitimate, inmates can file a lawsuit for countless reasons. There are, however, certain types of lawsuits that are more common than others:
- Injuries caused by guards or other jail or prison staff. In certain situations, inmates can file a lawsuit against a guard and the jail or prison that employs the guard for injuries caused by the guard.
- Failure to provide medical care. The United States Supreme Court held that inmates have a right to adequate medical care. If an inmate doesn’t receive adequate care, the inmate can file a lawsuit.
- Wrongful death. If an inmate is killed in prison (by an inmate or a guard), certain surviving family members may be able to file a wrongful death claim against the responsible party.
- Habeas corpus. A petition for habeas corpus is appropriate when the inmate believes their sentence has expired or the court didn’t have the authority to sentence them in the first place.
J.W. Gamble was a prisoner in the Texas prison system when he was injured while working in a textile mill. Despite repeated complaints of persistent pain, he received limited treatment and was eventually placed in solitary confinement for refusing to work due to his injuries.
Gamble filed a pro se complaint alleging that the prison’s actions constituted cruel and unusual punishment in violation of the Eighth Amendment. The district court dismissed the claim, but the United States Court of Appeals, Fifth Circuit, reversed, noting the prison’s failure to adequately diagnose or treat Gamble’s injury.
In an 8-1 decision, the Supreme Court ruled that the prison’s treatment of Gamble did not constitute cruel and unusual punishment under the Eighth Amendment. Justice Marshall’s majority opinion stressed that although the state must provide medical care for prisoners, a failure to provide adequate care due to negligence or inadvertence does not violate the Constitution. He also emphasized that the medical decisions made in Gamble’s case were matters of judgment, and thus not subject to the charge of cruel or unusual punishment.
The lone dissent by Justice John Paul Stevens argued that the majority had improperly considered the defendants’ motivations, and questioned whether there was any doubt that Gamble could prove a set of facts entitling him to relief. The case underscored the high threshold for establishing a constitutional violation in prison medical treatment and raised essential questions about the limits of inmate rights.
Hiring an attorney in Texas
You have a right to sue without a lawyer (known as “pro se”). However, inmates face several obstacles when suing a jail or prison that people who are not in prison do not face. Consequently, you should strongly consider hiring an attorney.
Some nonprofit organizations represent prisoners for free or at a reduced cost. If you have a good chance of winning your lawsuit, a personal injury lawyer might take your case on a contingency-fee-basis. This means you’ll pay the attorney a percentage of your award if you win, but you don’t have to pay the lawyer anything if you lose.
Can an inmate sue a jail or prison in Texas for negligence? The answer is yes but with nuances. The legal path is fraught with challenges and requires careful consideration of laws, procedures, and individual circumstances. Professional legal assistance is not just advisable; it’s often essential.