There’s no justice without accountability

Guest editorial by William F. Patrick

I have never been to jail. This is not bragging; it is a simple fact. The majority of the people I know have never been jailed, either. However, most of us know someone who has run afoul of the law and has had to spend at least a short time behind bars. These pre-trial detainees, it is important to remember, have not been convicted of anything and are not criminals. The distinction between them and those who have been convicted and imprisoned is often ignored by the very people mandated with protecting our civil rights – and this must change.

Temporary incarceration prior to conviction is done to manage specific risks. These risks include “flight risks,” or the risk of the accused not appearing for trial; the risk that the accused might be a danger to the community, or the fear that, if left unchecked, the accused might tamper with evidence or otherwise interfere with the investigative process. These are all valid concerns, but none of them justify stripping the accused of their civil rights, and this happens far too often.

For example: in June, 2018, Rhonda Newsome, 50, a pre-trial detainee in the Anderson County Jail died of complications stemming from Addison’s Disease. Addison’s Disease is a wholly treatable illness and is rarely fatal, unless ignored or otherwise left unchecked. As a detainee protected by the Constitution, turning a “blind eye” towards Newsome’s needs should, by law, have never occurred.

This is guaranteed to us by the Fourteenth Amendment of the Constitution.

The Fourth Amendment governs conditions immediately following arrest, while the Fourteenth guarantees detainees receive proper medical care during pre-trial detention. However, affidavits from Anderson County Jail employees and detainees alike all stated Newsome’s rights had been violated and ignored. She had been complaining about pain, illness, and had even been “vomiting a black substance,” prior to her death. She had, witnesses stated, been begging to be transported to the hospital. Despite this, and irrespective of the fact that hospital staff called jail medical personnel at roughly 10 a.m. to report Newsome’s blood tests showed “critical values” and transport was necessary to save her life – Rhonda Newsome died more than seven hours later, locked in an isolation cell in Anderson County Jail.

Video evidence shows officers, required by law to check on detainees, particularly those in medical or mental distress, at least every 30 minutes, walking by Newsome’s cell without ever glancing in. Further, even though no visual checks had been done, most officers notated on the official document that they’d had.

Texas Rangers investigations into Newsome’s death concluded that, although negligence played a part in her death, it did not meet the standard of “criminal negligence.”

Would you expect those responsible to be held accountable for the death of your innocent loved one? Of course you would. What is the difference, then, when considering the death of an innocent loved one entrusted to the jail system?

Additionally, when Newsome’s family attempted to file a civil suit against those responsible, the court initially granted every defendant “qualified immunity.” Qualified immunity is a legal doctrine that protects government officials—like police officers or jail staff—from being held personally liable for constitutional violations. In practice, it often shields officials from lawsuits
even when misconduct is proven.

It is important to note that Newsome’s attorneys successfully appealed this decision, reversing the qualified immunity for most of the defendants. This, however, is the exception, not the rule. Most qualified immunity decisions are not overturned, because courts often focus on whether a right was “clearly established,” and not if it was violated, slowing down, undermining or delaying the enforcement of constitutional protections. And, by insulating officials from personal liability and accountability, a culture of impunity is fostered, particularly in law enforcement and corrections.

Jail staff, including officers, supervisors and medical personnel, are supposed to protect the rights of pre-trial detainees and keep them safe and healthy, not to punish them. Incarceration prior to conviction is necessary to mitigate certain risks and alleviate fears held by both the courts and law enforcement. But what about the fears held by the public that, if detained, your
health, safety and very life might be at risk?

The Constitution is supposed to provide us all protection from these risks – and it’s time those who violate these guaranteed rights be held accountable. When the law is allowed to operate immune from this type of accountability, none of us will ever know justice.