Maverick County Commissioners Court address pending prisoner litigation cases
By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.
Maverick County Commissioners Court held a special meeting on Tuesday, December 16, 2014, at the Maverick County Courthouse, addressing two pending prisoner litigation cases or claims against Maverick County with General Counsel Poncho Nevarez.
Agenda Item No. 13 called for two pending prisoner litigation cases or claims against Maverick County with General Counsel Poncho Nevarez in Executive Session.
The first case discussed was Nancy Miwa vs. Maverick County, a civil lawsuit filed in the United States District Court for the Western District of Texas, Del Rio Division.
This case originated in 2012 as Plaintiffs, Nancy Miwa, as Guardian of Isaac Garcia, Lorena Chavez, Maribel Oca, as next friend of Isaac Garcia, Jr. , and Isamari Garcia (minors) filed suit for alleged civil rights violations against Maverick County Sheriff Tomas S. Herrera, individually and in his own official capacity, Victoriano Valdez, M.D., individually and in his own official capacity, and Marina Espinoza, individually and in her own official capacity.
Plaintiff original complaint alleges that Isaac Garcia had been arrested for a probation violation and was detained at the Maverick County Jail from May 14, 2010 to July14, 2010, awaiting sentencing on his probation violation at the 365th District Court in Maverick County, Texas.
The Plaintiffs allege that the Maverick County Jail has a medical intake procedure for inmates with pre-existing medical conditions where the inmate is questioned regarding medical conditions, medications and other relevant information.
The Plaintiffs allege that Garcia informed the Maverick County Jail personnel of his pre-existing medical conditions including Diabetes, High Blood Pressure, and High Cholesterol and that he was taking three separate medications for these illnesses.
The Plaintiffs allege that in spite of this information, Defendants failed to insure that Isaac Garcia received his medicines as indicated by his Physician.
The Plaintiffs allege that at any time relevant to the time that Garcia was in custody at the Maverick County Jail, that only two persons on staff had medical experience, Dr. Valdez and Espinoza, a nurse.
Plaintiffs allege that due to the fact that these two persons were only present for minimal hours during the week and that there were no other persons who were medically trained to administer medicinal assistance during their absence, thus Garcia was not administered his medications on a timely basis as required by his doctor’s orders.
The Plaintiffs further allege that in spite of Garcia complaining of headaches and other health issues stemming from his medical conditions and the lack of the proper medicines being administered, he suffered a severe stroke while at the Maverick County Jail.
The lawsuit alleges that on July, 10 2010, Garcia suffered a seizure and fell of the top of his bunk bed at the Maverick County Jail breaking one of his cervical vertebras as a result of the fall causing convulsion and bleeding from his ears.
The lawsuit alleges medical and procedural neglect by the Defendants in the treatment of Garcia during the time of his incarceration and during his medical ordeal resulting in significant neurological damage brought on by the massive stroke he suffered while in custody at the Maverick County Jail.
The Plaintiffs further allege that upon finding out that Garcia had suffered a severe injury while in custody at the Maverick County Jail his probation violation was dropped so that Defendant, Maverick County, would not be financially responsible for Garcia’s medical bills.
The lawsuit further alleges that Garcia now suffers from permanent and severe disabilities because of the stroke he suffered while at the Maverick County Jail including right side paralysis and that he has been rendered mentally incompetent as a result of the deprivation of his civil rights.
Defendants deny all of the allegations in Plaintiffs’ lawsuit.
Defendant, Dr. Victoriano Valdez, has filed a Notice of Partial Settlement of the lawsuit according to Court records and will more than likely be dismissed in the near future.
The case is scheduled for jury selection and jury trial on January 26, 2015 before United States Magistrate Judge Collis White for the Western District of Texas, Del Rio Division, in Del Rio, Texas.
After returning from Executive Session, Maverick County Commissioners Court unanimously requested that General Counsel Poncho Nevarez notify the Court that the Maverick County defendants will be seeking a trial on the merits in defense against Plaintiffs’ lawsuit.
Another agenda item or second case discussed in Executive Session and pursuant to Section 551.071 of the Texas Open Meetings Act, Texas Government Code Chapter 551, concerning consultation with attorney regarding litigation on the Noe Gonzalez Rodriguez legal claim against Maverick County. This legal claim has not yet resulted in a lawsuit but a legal demand upon Maverick County has been made by the family of Noe Gonzalez Rodriguez, who allegedly died at the Fort Duncan Regional Medical Center in Eagle Pass, Texas after being transported from the custody of the Maverick County Sheriff’s Department on Friday, August 23, 2013. Noe Gonzalez Rodriguez’s family allege that Maverick County violated his civil rights and caused his death while in custody of the Maverick County Sheriff’s Department. Maverick County and the Maverick County Sheriff’s Department deny the allegations made in the legal claim.
Upon returning from Executive Session, Commissioners Court unanimously requested that this claim be forwarded to the County of Maverick insurance company for representation and defense of any claims arising from this claim.
