NEW ORLEANS - A Harris County city and corrections officer found to be watching Netflix instead of checking on a suicidal man won't be liable for his death, as a federal appeals court has ruled claims were filed too late.
The U.S. Court of Appeals on Nov. 8 ruled against parties suing over the suicide of Hector Salas, Jr. in November 2018 at Galena Park jail. It was alleged officers there were warned he was suicidal but did not monitor him.
It was the second time the case made it to the Fifth Circuit, with judges in a 2022 ruling noting "a series of procedural missteps" by the plaintiffs' counsel. That decision affirmed the case against the officer was untimely but allowed the plaintiffs' to amend their petition to allege a violation of a constitutional right against the officer, not the city.
They did in August 2022, but to no avail. The district judge found the new complaint defective because it named Galena Park, Officer Cynthia Jimenez and other individuals as defendants.
The appeals court had said plaintiffs could only sue Jimenez at this stage. Plaintiffs had been suing unknown officers but substituted Jimenez in the amended petition.
"(T)he record shows that Plaintiffs knew of Jimenez's role in Salas' death well before limitations ran," wrote a three-judge panel of the Fifth Circuit, including Judge Edith Jones. "Contrary to Plaintiffs' suggestions, whether Jimenez had notice that Plaintiffs might attempt to add her to this case is irrelevant under the applicable line of cases."
Salas' wife Andrea called police on Nov. 28, 2018, because he had taken a handful of medications while threatening to kill himself. When an officer arrived, Salas begged to be shot and killed.
He was to be held for 48 hours at Ben Taub Hospital for psychological evaluation but was released before then. Salas' wife again called police, and he was taken to Galena Park Jail, where he was noted as suicidal.
But he was placed alone in a cell and left unmonitored for five hours. He tore strips of fabric from his mattress to make a noose but failed twice to hang himself.
His third attempt worked though, and he died.
"The two officers on duty that night did not monitor the surveillance video of Salas' cell or make any hourly in-person checks as were required," the Fifth Circuit wrote in the 2022 ruling.
"Instead, they ordered pizza and watched Netflix until Salas' wife called around midnight to check on her suicidal husband's status."
The plaintiffs' lawsuit made various claims but confusion regarding what officers should be deposed and/or sued led to delay. Also, their lawyer failed to show at a status conference regarding the City's motion to dismiss.
The motion to dismiss was granted because "no constitutional right to proper implementation of adequate suicide prevention exists." Plaintiffs filed a second suit naming Jimenez and others, which was consolidated with the first. The district court found it missed the statute of limitations.
The first Fifth Circuit ruling allowed claims against Jimenez to be filed, but two courts have now found they were untimely.