MCALLEN – The mother of an intellectually-disabled man claims her son was arrested for suspected theft by members of the Mission Police Department, taken to a local jail and then assaulted by members of the department during his stay and prior to his release.
Aida Gonzalez (Individually and as Next Friend of Rogelio Gonzalez) and Rogelio Gonzalez of Mission filed suit in the U.S. District Court for the Southern District of Texas on Aug. 27 versus the City of Mission.
“Rogelio Gonzalez was born in September 1977. Despite being in mid-to-late 40’s, Rogelio has the intellect of an eight-year-old. He was diagnosed with mild retardation at age three. Later, at age 15, he was diagnosed as bipolar and slightly autistic. His nickname is ‘Roy.’ Immediately upon meeting Rogelio, a person can see Rogelio’s demeanor is consistent with the behavior of a person with disabilities – intellectual/mental disabilities. He is friendly, but cannot keep a conversation. He has speech and hearing problems. He often makes awkward movements with his head – a tic. He cannot maintain eye contact. He takes Ceprexa for schizophrenia and other medications for diabetes and hypertension. Rogelio agrees with everything a person tells him, especially if they are Dallas Cowboys football fans. Rogelio is the biggest fan of the Dallas Cowboys,” the suit says.
“Mission police officers and jailers knew Rogelio. They also knew of his mental health illness and developmental deficits before Dec. 5, 2022. Mission police officers have been called to Wal-Mart on two or three occasions before December 2022. During those occurrences, Rogelio was caught by Wal-Mart employees trying to steal or stealing items valued at less than $10.00. The most recent incident occurred sometime in 2021. Rogelio lives less than a 1/4 mile from a Wal-Mart known as ‘Little Wal-Mart’ by Mission residents. Based on information and belief (despite having a Texas driver’s license), Rogelio walked to the Little Wal-Mart at around the 9 a.m. hour. At approximately 10:30 a.m., he was arrested by Mission P.D. at Little Wal-Mart and taken to the Mission P.D. lockup. Based on information and belief, Mission police officer Ricardo Cardoza placed Rogelio inside a cell. Based on information and belief, Rogelio was alone in the cell.”
Ms. Gonzalez called Mission P.D. at around 3:30 p.m. to report Rogelio was missing and at some point before 5 p.m. that Tuesday, Dec. 6, the City of Mission dropped all charges against Rogelio. Mission P.D. calls Rogelio’s family, requesting they pick him up for “time served.”
“Jacqueline, a family member, arrived at Mission P.D. to pick up Rogelio. She called the police department, and a jailer tells her that she will have to go inside the P.D. to pick up Rogelio. After waiting inside the jail for approximately 10-15 minutes, Roy came out. He was getting wheeled out in a wheelchair. Jacqueline noticed Rogelio has dry blood on his knuckles. He had scratches on his head. Rogelio was stiff. Jacqueline called Mission P.D. from her mobile home and requested an ambulance. Jacqueline did not take Rogelio out of the Mission P.D. jail. Paramedics arrived to take Rogelio, who was at all times relevant inside the Mission P.D. A paramedic asked Rogelio questions, but Rogelio was in shock. He would not move. He would only say that his back hurt. Paramedics placed Rogelio on a stretcher inside a red and yellow ambulance,” the suit states.
“Roy was taken to Mission Hospital. At Mission Hospital, Ms. Gonzalez learned that Rogelio was throwing up very dark blood – like the color of coffee grounds. He was bleeding internally. Rogelio does not have a history of self-harm. An emergency room doctor at Mission Hospital asked Ms. Gonzalez for permission to transfer Rogelio to McAllen Medical Center. At McAllen Medical Center, Rogelio underwent several surgeries, including for injuries to his pelvis, hip and left knee. He was intubated and taken to ICU. He also received a blood transfusion.”
The suit says that Police Chief Cesar Torres was “the policymaker for the City of Mission Police Department and Jail/Lockup, with respect to the Mission jail at the time of Rogelio’s injuries, resulting from the Mission jail’s unconstitutional policies, customs and practices.”
“Based on information and belief, Mission Police Chief called a doctor at Mission Hospital. Based on information and belief, Mission Police Chief called a doctor at McAllen Medical. Based on information and belief, Mission police personnel go to McAllen Medical Center, offering to pay for all of the medical bills associated with Rogelio’s care. Mission jail’s culture of violence and policies, practices, and customs of failing to observe and monitor detainees, provide timely and adequate medical care, institutionalized excessive force by jail employees on detainees, and systemic understaffing of the jail were the direct cause and moving force of Rogelio’s injuries,” the suit says.
“Mission jailers left Rogelio in the cell alone, languishing in pain. At some point, a female jailer told Ms. Gonzalez that Rogelio ‘no esta bien.’ Based on information and belief and despite knowing his developmental deficits, Mission jailers did not conduct consistent or timely observations or monitoring of Rogelio. Based on information and belief and despite knowing his developmental deficits, Mission jailers placed Rogelio in a single person cell despite knowing the adverse psychological damage caused by solitary confinement. The repeated, extensive and pervasive acts and omissions of constitutional violations inside the Mission P.D. jail give rise to multiple official policies, practices, City’s policies, practices, culture and customs which serve as the basis of the following causes of action below.”
An inquiry from the Southeast Texas Record to the City of Mission’s Media Relations Department was not returned.
For counts of Monell violations and failure to train and supervise under the Fourteenth Amendment to the U.S. Constitution and 42 U.S.C. Section 1983, violation of Title II of the Americans with Disabilities Act of 1990, violation of Section 504 of the Rehabilitation Act of 1973, the plaintiffs are seeking the following relief:
• As to Count I, a money judgment against defendant City of Mission for compensatory, special and punitive damages together with costs, reasonable expert expenses, attorneys’ fees under 42 U.S.C. Section 1988, pre-judgment interest, costs of suit, medical expenses in past and future, pain and suffering in the past and future, mental anguish in the past and future, and such other and further relief to which plaintiffs are justly entitled, whether at law or in equity;
• As to Count II, a money judgment against defendant City of Mission for compensatory and special damages as well as costs, reasonable expert expenses, attorneys’ fees under 42 U.S.C. Section 1988, pre-judgment interest, costs of suit, medical expenses in past and future, pain and suffering in the past and future, mental anguish in the past and future, and such other and further relief to which plaintiffs are justly entitled, whether at law or in equity;
• As to Count III, a money judgment against defendant City of Mission for compensatory and special damages as well as costs, reasonable expert expenses, attorneys’ fees under 42 U.S.C. 1988, prejudgment interest, costs of suit, medical expenses in past and future, pain and suffering in the past and future, mental anguish in the past and future, and such other and further relief to which plaintiffs are justly entitled, whether at law or in equity;
• Such other and further relief, at law or in equity, to which they may show themselves justly entitled.
The plaintiffs are represented by Mauro Fernando Ruiz of Ruiz Law Firm, in McAllen.
The defendant has not yet retained legal counsel.
U.S. District Court for the Southern District of Texas case 7:24-cv-00359
From the Southeast Texas Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com