State Case No. 201816544, 61st Judicial District Court, Harris County, Texas Removed: 4:18-cv-01246, U.S. District Court, Southern District of Texas, Houston Division Filed: March 13, 2018 | Removed: April 20, 2018 | Terminated: May 31, 2018
On March 9, 2018, Alvin Murphy was incarcerated at the Colorado County Jail in Columbus, Texas. In his sworn petition — written in his own hand and signed under penalty of perjury — he described the following:
He suffered a seizure or loss of consciousness in his cell, causing blunt force trauma to his head and nose. He was visibly bleeding and had a visible knot on the right side of his forehead from contact with the cement floor.
Murphy notified Ms. Meeks (Control Picket Operator), Jail Nurse Heather, and Corporal Jones of his condition and requested medical attention.
The response from jail staff:
- The nurse viewed him through the cell door glass only and never entered his cell
- An X-ray technician came and took an X-ray of his neck only, ignoring the head injury entirely
- After Murphy reported continued loss of consciousness, extreme pain, blurry vision, and body tremors — staff refused further medical attention
- The Control Picket Operator told him to “just lay down and shut the hell up”
- The intercom was then turned off
- Murphy was left isolated in a single cell with no contact from approximately noon through 3:00 p.m., while continuing to lose consciousness and vision
He described the result: severe pain, swelling to the head, blurry vision, continued loss of consciousness, tremors, and fear for his life due to possible brain swelling.
Murphy requested $100,000 in damages and a court order requiring the Colorado County Jail to have a doctor on site for medical emergencies.
Defendants #
Murphy named the following defendants, all served at 2215 Walnut Street, Columbus, Texas 78934:
- Colorado County Jail
- Sheriff R.H. “Curly” Wied
- Jail Lt. Tracey Lewis
- Cpt. Tommy Richter
- Sgt. Brett Vasek
- Corporal Christopher Jones
All defendants were represented by J. Eric Magee of Allison, Bass & Magee, L.L.P.
Disposition #
Murphy filed in Harris County state court on March 13, 2018. On April 20, 2018, J. Eric Magee removed the case to federal court and simultaneously filed an answer and motion to dismiss on behalf of all defendants. Six weeks later, the case was terminated after mail to Murphy was returned undeliverable.
The county was never required to defend the allegations on the merits.
Cpt. Tommy Richter has since retired. Sheriff Wied has been replaced by Sheriff Justin Lindemann. Lt. Tracey Lewis remains employed at the Colorado County Sheriff’s Office.
Source: U.S. District Court S.D. Texas, Case No. 4:18-cv-01246; court filings obtained via PACER/RECAP.