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Losing a loved one in jail is devastating. We have worked with countless families to manage the paperwork, grieving, and rage. Below are some of the common resources, support networks, and tips as you walk along this journey. Please feel free to reach out on the contact page if you have questions after reviewing this information. Our heart goes out to you.

What is a Custody Death?

A death in custody refers to the death of a person while being detained in jail. These deaths are a serious concern, with various factors contributing to them, and often involve allegations of abuse, neglect, or cover-ups.

Where to start? Step by step

Please take a look at this guide put together by one of the leading Texas lawyers for families who have experienced a custody death.

Jail-Deaths-A-Guide-for-Families Download

Open Records Request a Texas County Jail

If you are considering sending preservation letters to the county, please reach out to us first so we can discuss your options.
Independent autopsy’s can reveal more information about the death. If you cannot afford one, immediately fill out this form for the Colin Kaepernick foundation which has been paying for independent autopsies in law enforcement related deaths. We have successfully facilitated several independent autopsies in the past 4 years with the support of this foundation.
If the deceased was an MHMR/LMHA/LBHA/LIDDA patient (client of the state’s public mental health system) or known to have a history of mental illness, we want to know asap! That is critical information especially this year as our HHSC is under Sunset Review. We want to show failures of HHSC, demand efficiency and accountability and pass legislation next year that mandates collection and reporting of data on how many of the state’s clients are dying in pretrial detention as our jails transform more and more into warehouses for people with mental illness and behavioral health disabilities.
Each county will have a sheriffs office, local court, or jail website. You can create an open records request there and then follow the next steps outlined below.
- Here is an example for the Harris County Shariff’s Office : Create an account at HCSO Office – create an account and file an open records request with HCSO under the Texas Public Information Act. Click on the “Request A Record” link which will only be available between 9 am – 5 pm CT Mon-Fri.
If you add video in the list of documents, they will hold up your entire request which is why it’s best to ask for videos separately.
Here’s a draft template for you to use:
Under the Texas Public Information Act, Tex. Gov’t Code §552.001 et seq., I am requesting an opportunity to obtain copies of the following public records:
Any and all records related to the period of time [Name of person], DOB [ ] spent detained in the Harris County Jail between [date] and [date] including:
- All booking records including Continuity of Care Query (CCQ) and 16.22 screening;
- All housing records;
- All classification records;
- All transportation records;
- All incident reports and Significant Event Bulletins;
- All grievances and medical request forms;
- All communications to or from any member of the Harris County Sheriff’s Office referring to [detainee name], including but not limited to communications such as email or text message containing his last name [ ], his SPN number [ ] or his cause number [ ];
- Charging document
- Arrest report
- Jail Medical records including infirmary records and medical staff notes
- Attorney visitation log
- Any and all complaints and inmate welfare inquiries filed on [ name] behalf “

Video Request from HCSO

HCSO Video : Use the above link and information, but add :
- “All available video including body cam from jail for detainee (name).”
HPD Video : If the Houston Police Department arrested him, then you may need to put in a separate request with them for the video of the arrest here.

Harris County District Clerk Court Records

Create an account on the district clerk’s website
You can look up all the court records through that including possibly the initial magistration and bond hearing. Here’s the link to file a records request with the office of court administration if you don’t find them on the clerk’s website.
If the person was not well enough to attend the initial magistration/bond hearing then this is important information for his potential lawsuit.

HCSO Medical Forms

For getting medical records from the Sheriff’s Office, here’s the form to use. This should get you all the medical records they have in the jail from his prior arrests as well.

Autopsy Report from ME Office

I think you already know how to get the autopsy report from the ME’s office. I would check on the status on their website every couple of days. Unless it’s a case with the potential for criminal charges, they should have the autopsy ready in a few weeks.

Hospital Medical Forms

If the person was transported to an area hospital before being pronounced dead, you can make a records request there as well.

Other Requests

What to do if my relative dies in jail? Custody Death Support