The surviving daughters of a man who passed away last year from injuries allegedly sustained while under Pasadena police custody have pursued legal action against the city and East Texas Medical Center.
According to Dana and Tania Oswald’s April 4 lawsuit, Mark Oswald’s death on June 9, 2015 was the result of his stay at the Pasadena City Jail. The plaintiffs’ father was arrested on June 5, 2015 for public intoxication.
Court papers explain that the elder Oswald, who was 63 years old at the time of the subject event, “was extremely inebriated at the time of his arrest and incarceration,” stating that the decedent “was unable to figure out how to adjust his jail issued suit in order to use the restroom.”
They further show that Mark Oswald then fell and broke his leg as revealed by Pasadena jail video.
“For hours Oswald lay on his cell floor moaning and writhing in pain even at some point dragging himself across the floor closer to the cell entrance,” the original petition says.
“He was checked on simply by someone opening the cell and yelling at him that they could not help him if they could not understand him. At no point did anyone touch Oswald to determine why he was moaning.”
Authorities summoned an ambulance for Mark Oswald to which the complaint asserts that any assistance was nil.
Referencing jail video footage, the suit argues: “Worse, jail officers and ambulance personnel are seen making fun of Oswald and, at one point, lifting one of his legs off from the stretcher and dropping it down while laughing.”
The complainants claim ETMC neglected to properly treat their father, who was ultimately transported via Life Flight to Memorial Hermann Hospital in Houston where he perished.
Consequently, Mark Oswald’s estate seeks unspecified monetary damages and a jury trial.
Attorneys Charles H. Peckham and Mary A. Martin of the law firm Peckham, PLLC in Houston serve as the plaintiffs’ counsel.
Houston Division of the Southern District of Texas Case No. 4:16-CV-00904