Family Sues Stanislaus County for Jail Death

By Merylee Robbins

Published on January 30, 2006

Stephens was taken into custody in September of 2004 after he was suspected of being drunk in public. Although he was not placed under arrest, Stephens was put into a cell with other inmates to sober up. While in the cell, Stephens was attacked and punched in the head by prisoner, Jermaine Augustine, 28. The attack left Stephens with an open head wound, fractured scull, and traumatic head injury, which caused a seizure and his subsequent death on September 30. Augustine was later charged with involuntary manslaughter in the killing, for which he is serving an additional three years in jail.

Thelawsuit, which was filed by Stephens' family in U.S. District Court in Fresno, claims that Stephens never should have been placed in the cell with younger, more violent criminals. Because he was picked up for being drunk, Stephens should have been placed in a specially designated sobering cell until he was okay to leave. In addition, officers never obtained the appropriate medical clearance needed to hold Stephens over six hours in jail without having arrested him.

The family also contends that after the assault, Stephens was not provided adequate medical attention. Based on his history of head injury and seizures, which he had informed guards about before entering the cell, Stephens should have been rushed to the hospital immediately after the attack. Instead, guards did not take Stephens to the hospital until he began seizing and it was too late.

Stanislaus County denies responsibility, maintaining that the county is not liable for injuries caused by prisoners. The county also asserts that the officers and guards acted reasonably through out each stage of the incident.

The family is seeking an unspecified amount in the suit, but have claimed that they are only looking to recover burial costs which amount to approximately $5,000.

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