TX - Sandra Bland, 28, found dead in jail cell, Waller County, 13 July 2015 #3

[bluesneakers]

I too suffer with clinical depression. The best way to describe it, for those who have not experienced the clinical flaovor of the malady- its like being in bed, and you know the things at the car wash, that dry your car, its like you have 8 of em over your bed - you just cant get out of bed. And you cant come up with a "reason" (broken leg) why. You bargain with yourself , 10 minutes, 10 minutes and before you know 4 hours are gone and you still have not got out. I take my meds and its been better byt there were a couple of years there after I retired, that WOW! Anyone who does not suffer with the clinical version of it (neurotranmiitters) cant comprehend what the experince is

This is an excellent description. I'm going to borrow it if that's okay.

I know the feeling all too well. I'm glad you're doing better.

 

[arkansasmimi]

This is all I found by googling, but it's not on the county website.
http://bailbondsnetwork.com/waller-tx.html

In contrast, I looked up my own county jail in Oregon and there are detailed instructions. Other county websites I looked at vary.

I found this on the Harris County Sheriff site:

Surety Bonds (which is the type of Bond on the Jail Records website Sandra Bland has showing $5000 Surety Bond)

Surety Bonds" are bonds posted through approved Harris County bonding companies that charge a fee for their services. Once bail is posted, the defendant will receive a future court date and be released from jail.

http://www.harriscountyso.org/inmate_bonding_process.aspx

 

[Night-owl]

Thanks but I think that was Cubby's question. However, no sense in looking at PayPal, if you have no idea what the bail amount is. JMO eta I really think that there was a sporadic ability for SB to communicate at both ends. My personal opinion is that she felt hopelessly abandoned, which was not the case. But that hopelessness, after such an optimistic outlook about moving on in her 28 yr old life, caused her to take her life. I am so sorry. People who have not been diagnosed as clinically depressed, (as I have) truly cannot understand how a person can be optimistic one day and absolutely devastated and hopeless within hours, not days. JMO

Yeah, people rely so much on cell phones and constant connectivity. The way 20 year olds would expexted it to work is they are on the phone saying, "ok I just put $500 in, did your cell door open yet?" [emoji6]

Different times. And not the way it works in Waller, obviously.

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[bluesneakers]

According to the ACLU she was correct in that she didn't have to give her name because at the time she wasn't under arrest.
The officer even told the caller that he didn't see evidence of a crime. IMO
ETA I wouldn't call it resisting as she turned her back and walked two steps away. Probably so she could hear during her phone call.

I didn't see the part where he asked either of the other two women for their identification, did you?

 

[bessie]

fftopic:

We've received a ton of alerts from this thread tonight about off topic posts.

 

[arkansasmimi]

Has anyone seen exactly how the Federal Lawsuit is listed? TIA, still looking...

 

[arkansasmimi]

Thought Sandra Bland was a resident of Texas?

Plaintiff Geneva Reed-Veal is a person of the full age of majority and a resident of Naperville, Illinois, Northern District of Illinois. Geneva Reed-Veal sues on behalf of herself and as personal representative of Sandra Bland, deceased, her unmarried adult daughter, who was also a resident of Naperville, Illinois, Northern District of Illinois.

Index of Counts
Count I - Brian Encinia – 42 U.S.C. § 1983
Count II - Brian Encinia – Assault and Battery
Count III - Brian Encinia – Willful and Wanton – Survival
Count IV - Brian Encinia – Willful and Wanton – Wrongful Death
Count V - Texas Department of Public Safety – Vicarious Liability for Brian Encinia’s Willful and Wanton Conduct – Survival Case 4:15-cv-02232 Document 1 Filed in TXSD on 08/04/15 Page 1 of 46
Count VI - Texas Department of Public Safety – Vicarious Liability for Brian Encinia’s Willful and Wanton Conduct – Wrongful Death
Count VII - Texas Department of Public Safety – Institutional Liability – Survival
Count VIII - Texas Department of Public Safety – Institutional Liability – Wrongful Death
Count IX - Elsa Magnus – 42 U.S.C. § 1983
Count X - Elsa Magnus – Willful and Wanton – Survival
Count XI - Elsa Magnus – Willful and Wanton – Wrongful Death
Count XII - Oscar Prudente - 42 U.S.C. § 1983
Count XIII - Oscar Prudente – Willful and Wanton – Survival
Count XIV - Oscar Prudente – Willful and Wanton – Wrongful Death
Count XV - Waller County – Vicarious Liability for Elsa Magnus and Oscar Prudente’s Willful and Wanton Conduct – Survival
Count XVI - Waller County – Vicarious Liability for Elsa Magnus and Oscar Prudente’s Willful and Wanton Conduct – Wrongful Death
Count XVII - Waller County – Institutional Liability – Survival
Count XVIII - Waller County– Institutional Liability – Wrongful Death

 

[arkansasmimi]

33. On or about July 10, 2015, Brian Encinia placed handcuffs on Sandra Bland placing her under arrest.
34. On or about July 10, 2015, Brian Encinia wrestled Sandra Bland to the ground.
35. On or about July 10, 2015, Brian Encinia slammed Sandra Bland’s head to the ground.
36. On or about July 10, 2015, Brian Encinia kneeled on the body of Sandra Bland. ****from the cell video, its PV Officer over SB

41. On or about July 10, 2015, a Prairie View Police Officer also responded to the scene and provided assistance **NOT NAMED IN SUIT

???? 57. On or about July 10 to July 13, 2015, jail personnel failed to appropriately respond when Sandra Bland did not eat the meals provided to her.

YET SHE HAD A PHONE IN HER CELL .... she could have made collect calls..... WOW... Ummm what about the phone calls she made on July 10, 2015??? :thinking:

60. On or about July 11, 2015, Sandra Bland was permitted to make some telephone calls.
61. On or about July 12 to July 13, 2015, at various points in time, Sandra Bland was not permitted to make attempts to contact family and friends by telephone.

 

[arkansasmimi]

Case 4:15-cv-02232 Document 1 Filed in TXSD on 08/04/15 Page 10 of 46

70. The above-described acts and omissions by Defendant Brian Encinia demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
71. As a result of Defendant Brian Encinia’s violations of Sandra Bland’s constitutional rights, Sandra Bland suffered substantial injuries, including but not limited to physical injury, pain and suffering, mental anguish, damages and, ultimately, death.
72. Sandra Bland exercised her rights, or attempted to do so, under the United States Constitution.
73. Defendant Brian Encinia deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
74. As a direct and proximate result of the foregoing, Defendant Brian Encinia, individually and as an agent and/or employee of Texas Department of Public Safety, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and Defendant Brian Encinia caused Sandra Bland to suffer injury and death, of which has caused the general
damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
75. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.

 

[arkansasmimi]

Case 4:15-cv-02232 Document 1 Filed in TXSD on 08/04/15 Page 15 of 46

Count V
Texas Department of Public Safety – Vicarious Liability for Brian Encinia’s Willful and Wanton Conduct – Survival
Plaintiff re-alleges Paragraphs 1-65 of the Complaint.
107. Prior to July 10, 2015, Defendant Brian Encinia was reprimanded for unprofessional conduct.
108. Prior to July 10, 2015, Defendant the Texas Department of Public Safety knew or should have known that Defendant Brian Encinia exhibited a pattern of escalating encounters with the public.

117. As a direct and proximate result of the foregoing conduct, Defendant Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at tria

 

[arkansasmimi]

???? SHE WAS DECEASED???

160. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
161. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician. (same for Oscar Prudente, jail employee)

 

[BritsKate]

Yes, but SB'S family has repeatedly denied she suffered from depression unlike the family in your example who provided LE.with said information.

It's totally irrelevant, legally, what the family knew or didn't though. All that matters in terms of the lawsuit is really:

1) Did the jail follow proper protocol once Sandy indicated she'd been depressed and attempted suicide previously?
2) Did the jail follow proper protocol regarding housing inmates?
3) Did the jail supervise inmates correctly according to protocol?
4) Did BE violate Sandy's constitutional rights? Was she therefore falsely arrested? Did he use excessive force? Did he follow training methods and traffic stop procedure? Did he escalate the situation?

Now, if this makes it to court, the defense are certainly well within their rights to present evidence to show that Sandy was combative and had an 'inconsistent' history of psychological problems if they choose to and the judge allows such evidence, of course. Many of these cases settle out of court for financial reasons (juries are more likely to award more money - especially when there's clear evidence protocols weren't followed). This is by no means a legal precedent either - clinicians and mental health facilities have even been sued for wrongful death after a suicide. Simply put, safeguards are put into place for a reason and it is the legal responsibility of the facility to ensure the safety of inmates/patients/clients. The jail became legally liable to ensure Sandy's welfare the moment she was arrested.

If the jail had followed proper protocols and Sandy still committed suicide, her family wouldn't have basis for a suit. They've got, imo, a very strong case against the jail at least - I think probably BE too but constitutional claims are much more difficult to prove usually.

JMO and FWIW

 

[Night-owl]

If the jail had followed proper protocols and Sandy still committed suicide, her family wouldn't have basis for a suit. They've got, imo, a very strong case against the jail at least - I think probably BE too but constitutional claims are much more difficult to prove usually.

Interesting. So maybe not going to be able to pursue it as a civil rights case. Would think it's still wide open for wrongful death suit.

A Little-Noticed Supreme Court Case Could Deny Justice For Sandra Bland
http://m.huffpost.com/us/entry/55c0ca3ae4b06f8bedb5ebac?


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[human]

Yesterday I was driving and I was going to turn onto a street. No traffic . I was not going to signal. And then I thought about Sandra.

Forever the signal to me will be Sandra Bland

 

[bluesneakers]

Yesterday I was driving and I was going to turn onto a street. No traffic . I was not going to signal. And then I thought about Sandra.

Foreer the signal to me will be Sandra Bland

Same here.

 

[Cubby]

Yesterday I was driving and I was going to turn onto a street. No traffic . I was not going to signal. And then I thought about Sandra.

Forever the signal to me will be Sandra Bland

I follow traffic laws because I don't want to pay the fine or the increased auto insurance rates a poor drinivg record costs.

Sadly, what crosses my mind is no matter hiw much money SB's family may be awarded it will never erase the possibility that for 500 bucks their much loved family member would most likely still be alive. No one prevented SB from being bailed out, if only for a measly 500 bucks.

 

[BritsKate]

What I can't get over is them leaving a garbage bag in her cell to even begin with. It doesn't take rocket science (or even advanced training in psychological healthcare) to realize that's a potential weapon to use on oneself, other inmates, and jail staff. They didn't just give her the opportunity to kill herself but practically handed her the weapon to do so.

Somehow, for me, that makes it all the worse.

 

[Cubby]

Even if the plastic garbage bag wasn't in her cell, once she was determined to harm herself she could have used her inmate jumpsuit to fashion a noose.

Once a person is determined to take their life I don't believe there is a fail proof means to prevent it from happening. I know someone who tried to have her adult daughter commited for just that. Her daughter lied to the doctors telling them she did n I t feel suicidal - just to be released from the hospital to kill herself.

Sandra filled out paperwork indicating she was not suicidal.

 

[kimlynn]

From the lawsuit filing:

On or about July 10, 2015, Brian Encinia falsified an allegation of assault on a
public servant against Sandra Bland for purposes of taking her into custody.

I find it curious that BE was so insistent about getting it on audio that the female officer saw SB kicking him.
He said 'this officer saw everything'
Later he mentions again to the female officer that SB had kicked him.
The other male officer that arrived later said at least it will be on video to which BE walks away only to pause and turn around asking yet again if the female LE had seen her kick him.
Was it a pattern that the HD was full, or was it eating at him that he may be busted because he knew that it didn't happen and wasn't on tape. IMO

 

[bluesneakers]

From the lawsuit filing:

On or about July 10, 2015, Brian Encinia falsified an allegation of assault on a
public servant against Sandra Bland for purposes of taking her into custody.

I find it curious that BE was so insistent about getting it on audio that the female officer saw SB kicking him.
He said 'this officer saw everything'
Later he mentions again to the female officer that SB had kicked him.
The other male officer that arrived later said at least it will be on video to which BE walks away only to pause and turn around asking yet again if the female LE had seen her kick him.
Was it a pattern that the HD was full, or was it eating at him that he may be busted because he knew that it didn't happen and wasn't on tape. IMO

BBM: That.