Part of lawsuit dismissed in mentally ill woman’s jail death
A judge dismissed several parts of a federal lawsuit filed by the family of a 61-year-old mentally ill woman who died in the Bexar County jail after losing 136 pounds.
In a ruling last week, U.S. District Judge Royce Lamberth granted partial summary judgment for Bexar County and University Health System, meaning portions of the lawsuit against them were dismissed.
However, he allowed other parts of the lawsuit to proceed — including claims that Bexar County and University Health violated Janice Dotson-stephens’ right to medical care.
Those allegations will likely be decided during a civil trial, unless the parties settle the lawsuit privately before then.
Dotson-stephens, who was diagnosed with schizoaffective disorder and schizophrenia, was arrested in July 2018 on a misdemeanor criminal trespassing charge and held in the jail on $300 bail.
Because she had a history of mental health issues, she was placed in the jail’s infirmary, where staff noted her erratic behavior and her refusal to eat.
Jail records, cited in the lawsuit, indicate that Dotson-stephens refused meals at least 102 times — although attorneys representing Bexar County contend that jail staff left trays of food for Dotson-stephens, so it’s possible she could have eaten some after they left.
By the time she died five months later, she had lost 136 pounds, the lawsuit states. The Bexar County Medical Examiner’s Office ruled that she died as a result of cardiovascular disease, with schizoaffective disorder a contributing factor.
Dotson-stephens’ case drew national attention and raised concerns about the inequities of cash bail; how it often leaves poor defendants behind bars awaiting trial while those with money walk free.
It also sparked change within Bexar County’s indigent defense system, as it is unclear whether Dotson-stephens, who had four children and 10 grandchildren, ever met with her court-appointed attorney during the five months she spent in jail.
Starting this month, a new program will oversee indigent defense in Bexar County, replacing a disjointed system of private court-appointed lawyers. Critics of the former system said too many private lawyers take more cases than they can handle, leaving clients languishing in jail.
“Quite frankly, I don’t blame them for the lawsuit,” Bexar County Judge Nelson Wolff said in 2019. “I don’t think we handled it right.”
String of deaths
Dotson-stephens’ death preceded that of several other highprofile deaths at the Bexar County Adult Detention Center.
Fernando Macias, who was diagnosed with schizoaffective disorder and delusional disorder, died in the Bexar County jail on
Dec. 16, 2018 — two days after Dotson-stephens.
A lawsuit filed by his family alleged that Macias, also 61, had lost more than 100 pounds and developed bed sores. It also alleged that he was dehydrated, malnourished and suffering from hypothermia. His oxygen levels were dangerously low, and he had not received dialysis for chronic kidney disease in months, the lawsuit states.
Another man, 63-yearold Jack Ule, died in the jail about four months later. Ule, who was diagnosed with schizophrenia and bipolar disorder, had been charged with a class B misdemeanor of criminal trespassing. His bail was $500.
All three families filed lawsuits against Bexar County and University Health, which provides health care in the jail.
Ule’s family settled its lawsuit with the county and University Health for $85,000. The lawsuit filed by Macias’ family remains open.
Specifically, Dotson-stephens’ family alleged that the Bexar County and University Health violated her right to medical care and failed to protect her from cruel and unusual punishment.
The lawsuit named several others as defendants, including Bexar County Sheriff Javier Salazar, University Health Director Jessica Yao, Bexar County Pretrial Services Director Mike Lozito, San Antonio police officer Michael Kohlleppel and the city of San Antonio.
In his ruling last week, Lamberth dismissed Salazar, Lozito, Kohlleppel and the city of San Antonio from the lawsuit.
The lawsuit also alleged that the string of deaths at the jail showed that Bexar County demonstrated a “pervasive pattern” of failing to “maintain minimum standards.” The judge dismissed that claim.
However, Lamberth allowed other claims to stand — such one that alleges Bexar County and University Health violated the Americans with Disabilities Act.