In Bland wrongful death case, sides await report from Rangers
The family of Sandra Bland was in a federal courthouse in downtown Houston Tuesday as their attorneys outlined alleged lapses in training and care that they believe led to the 28-year-old's death in a Waller County Jail cell.
Bland's mother, Geneva Reed-Veal, sat with some 30 supporters in the back of the courtroom during the more than hourlong hearing, the latest development in the family's wrongful death suit against several people and agencies who crossed paths with her over a three-day period before she was found dead.
While none of the information presented was revelatory, U.S. District Judge David Hittner grilled attorneys, probing what Waller County officials called "inconsistencies" in what Bland told jailers about her mental health history, what state regulations mandated on prisoner checks and how the county decided to keep a trash can and trash bag in the jail, as well as other procedural questions.
"Judge Hittner has a clear grasp of the situation," said Cannon Lambert, one of the attorneys representing Bland's mother, after the hearing. "We're very happy to be before him."
Hittner had pressed for a trial date but attorneys agreed that a Texas Rangers investigation into Bland's arrest and death was holding up Reed-Veal's lawsuit.
Assistant Attorney General Seth Dennis, who is representing two of the defendants - the Department of Public Safety and Trooper Brian Encinia - said that investigation is likely to conclude in the coming days, with findings expected to be presented to a grand jury in October.
Found dead
Reed-Veal filed the wrongful death lawsuit in August against Encinia, the DPS, Waller County and two Waller County jail staffers.
Bland, 28, was found dead July 13, three days after she was pulled over by Encinia in Prairie View.
Encinia said he arrested Bland because she kicked him during the traffic stop. In a dashcam video of the arrest, Encinia is shown losing his temper with Bland after she refused to put out a cigarette.
At the hearing Tuesday, Dennis said Bland had been searching frantically in her car for something and reaching into her purse, which is why Encinia asked her to get out of the car. Dennis said a city of Prairie View police officer witnessed part of the altercation between Bland and Encinia and had seen Bland kick Encinia.
He said an incident report had not been released pending the Texas Rangers investigation.
Bland remained in Waller County Jail for three days because she was unable to post an approximately $500 bail, then was found hanged in a cell. Her death was ruled a suicide by Harris County medical examiners.
While Reed-Veal's lawsuit does not explicitly accuse Waller County or any Waller County employees of killing Bland or covering up any foul play, it does state that the county staff were not adequately trained to handle mentally ill or suicidal inmates and that they did not adequately monitor Bland or provide her care.
The lawsuit also alleges that DPS should have known about Encinia's prior alleged troubles in dealing with the public.
It alleges Encinia assaulted Bland during her arrest and the DPS should have been responsible for better training for Encinia.
Moved to dismiss
The DPS and Encinia moved to dismiss the suit last week, stating that they both should be immune to such suits.
A spokesman for the attorney general's office, which is representing Encinia, Waller County and the jail workers, declined to comment on the lawsuit's allegations Tuesday, referring questions to the court filings.
A DPS spokeswoman also declined to comment on the case. She said an inquiry into Encinia's traffic stop is ongoing and he remains assigned to administrative duties.
Waller County has denied that its staff knew Bland was suicidal. Attorney Larry Simmons told Hittner that Bland had not indicated to the two jail staffers that she was currently suicidal, rather that she had attempted to commit suicide last year.
The county stated in filings that Bland was treated with "courtesy and respect" and "was provided benefits and accommodations beyond what the law and County policies required."
Simmons told the court that the state jail commission had recommended the county keep trash bags in the cells.
