Seven Years After The Sandra Bland Act, We Still Have A Long Way To Go

The continued struggle for justice and accountability in Texas.

On July 10, 2015, Sandra Bland was pulled over in Prairie View, Texas, for failing to signal a lane change. The exchange between Bland and the State Trooper who pulled her over escalated and led to Bland’s arrest and charge of assaulting a police officer. Three days later, Sandra Bland was found dead in her jail cell of an apparent suicide. Family members and activists have questioned the official ruling since the beginning.

Democrats in the Texas Legislature, led by Garnet Coleman and John Whitmire, worked diligently to pass the Sandra Bland Act in Texas, taking a step toward making sure incidents like this didn’t happen again. Greg Abbott signed the Sandra Bland Act into law on June 15, 2017. Under the Sandra Bland Act, the following was supposed to happen:

• Diverts individuals with mental health or substance abuse issues to treatment instead of jail when appropriate.

• Requires independent investigations for any deaths in jails.

• Mandates law enforcement training on de-escalation and handling mental health crises.

• Called for electronic sensors or cameras to ensure timely inmate checks, especially for those at risk.

• Law enforcement must notify a magistrate within 12 hours if a detainee is suspected of having a mental illness or intellectual disability. Certain defendants can be released on personal bond if assessed as having mental health or intellectual disabilities but are competent to stand trial.

• Strengthens requirements for law enforcement to collect and report data on traffic stops, deaths, serious injuries, and assaults in jails.

Today marks the seventh anniversary of the Sandra Bland Act.

Has the situation got better? What’s changed?

Last month, I wrote about the mounting jail deaths in Tarrant County. To my surprise, I was contacted by two separate people in two separate counties, telling me about the jail deaths near them.

Crisis Behind Bars: Systemic Failures At Tarrant County Jail

How bad are jail deaths in Texas?

The Custodial Death Reports are kept on the Office of Attorney General’s (OAG) website, which you can see here.

There’s a total of 34 deaths in Texas jails so far this year, according to the OAG. Sure, deaths happen all the time, and many of the times, they’re natural deaths like cancer or heart attacks, but sometimes there’s something else going on.

Notably, so far this year, Harris County has seen eight in-custody deaths, and Tarrant, Howard, and Montgomery Counties have seen three each.

Other major counties, such as Bexar, Travis, and Dallas, have only seen one.

A 2023 investigation by the Houston Chronicle found some off-the-radar facilities where inmates face specific threats at the highest rates. Further, the Houston Chron reported that “off the radar have some high numbers and have had them over a period of time. Bexar County Jail in San Antonio has a high number of suicides and has for the last few years. Hays County, south of Austin, has many use-of-force incidents that result in injury. Meanwhile, Cameron and Nueces County jails down in South Texas have a very high incidence of inmate injuries, serious injuries, which is a type of injury defined in statute as disfiguring or permanent.”

According to data from the Texas Commission on Law Enforcement under the Sandra Bland Act, 438 use-of-force incidents at traffic stops by Texas troopers in 2022 resulted in injury to a suspect. In 2023, that number tripled to 1,318.

In 2023, the FBI launched multiple investigations into deaths at the Harris County Jail.

This investigation was prompted by allegations of excessive force and failures to document or intervene in critical situations. These investigations underscore the persistent issues within the jail system despite the Sandra Bland Act’s intentions.

Last year, Ben Crump, a prominent civil rights attorney, argued that systemic abuse and neglect are pervasive in Texas jails. He cites recent cases where excessive force and lack of timely medical intervention have led to preventable deaths, calling for more stringent oversight and accountability measures.

Civil rights groups continue to push for comprehensive reforms, including better training for law enforcement on de-escalation techniques and improved mental health services. Advocates argue that while the Sandra Bland Act was a step in the right direction, much more needs to be done to ensure the safety and well-being of inmates across Texas.

The LaSalle Corrections-run Bi-State Jail has faced scrutiny for multiple deaths and non-compliance with state standards. Cases include Michael Sabbie, who died after being pepper-sprayed while suffering from health issues, and Morgan Angerbauer, a diabetic who died due to lack of insulin. These incidents led to the jail being placed on the state’s non-compliance list multiple times.

The Midland County Jail has also come under FBI investigation following the death of Christopher Duboise, who died after being transferred to a hospital from the jail. The investigation highlighted issues with the reporting of in-custody deaths, as the jail initially claimed Duboise was not in custody at the time of his death.

The Tarrant County Jail isn’t the only facility that faces scrutiny over its handling of inmates. Reports indicate that these issues are not isolated but part of a broader pattern of neglect and misconduct in Texas jails.

While the Sandra Bland Act represented a significant step towards reforming Texas’s criminal justice system, its effectiveness has been mixed.

The mandated training and enhanced reporting have improved, but systemic issues and implementation challenges remain. Continuous efforts and possibly further legislative actions are needed to ensure the Act fulfills its intended purpose of preventing tragedies like Sandra Bland’s death.

This is a problem as long as Republicans are in charge.

Last year, Republican Brian Birdwell, in the Texas Senate, led the charge to weaken the Sandra Bland Act and investigate fewer jail deaths. The bill passed in the Texas Senate but failed in the House. However, it shows Republicans’ callousness for human life, and when given the opportunity, they will remove more safeguards for Texas inmates.

Civil rights groups and advocates continue to push for more comprehensive reforms. They argue that while the Sandra Bland Act was a positive step, more needs to be done to ensure the safety and well-being of inmates. This includes better training for law enforcement, improved mental health services, and more stringent oversight and accountability measures.

One of the significant gaps identified is in data collection and reporting. Accurate and comprehensive data are crucial for assessing the effectiveness of the Act's provisions and ensuring accountability. The Texas Center for Justice and Equity (formerly the Texas Criminal Justice Coalition) highlighted these issues in their 2022 report.

Additional legislation is needed to address jail deaths and ensure justice.

Despite the progress made by the Sandra Bland Act, significant gaps still need to be addressed through further legislation and reform. Here are some key areas where additional legislative measures could help improve the situation:

Enhanced Data Collection and Transparency. Accurate and comprehensive data collection is crucial for assessing the effectiveness of the Sandra Bland Act and holding law enforcement accountable. Legislation should mandate:

• Real-Time Reporting.

• Standardized Data Collection.

• Public Accessibility.

Strengthened Independent Oversight. Independent oversight is essential to ensure unbiased investigations of jail incidents. Legislative measures could include:

• Independent Review Boards.

• Funding for Oversight Bodies.

Mental Health and Medical Care. Improving mental health and medical care for inmates is critical. Legislation should focus on:

• Mandatory Health Screenings.

• Increased Mental Health Resources.

• Emergency Medical Protocols.

Accountability and Consequences. Holding individuals and institutions accountable for misconduct is essential for meaningful reform. Legislative measures could include:

• Clear Accountability Mechanisms.

• Increased Penalties for Misconduct.

Again, while the Sandra Bland Act was a significant step forward, ongoing efforts are needed to address its shortcomings and ensure the safety and well-being of inmates. By implementing additional legislative measures focused on data collection, independent oversight, mental health care, and accountability, Texas can continue to move towards a more just and humane criminal justice system.

The dirty truth about justice and accountability under Conservative rule (a personal perspective).

As many of you know, I’m currently enrolled in university and will graduate next year with two degrees in History and English. Over the last year, I’ve been working with the Professor leading the Borderlands Interethnic Violence Project. The project attempts to document interethnic violence in Texas between 1821 and 1879.

I spent two semesters documenting and cataloging incidents of Black/white violence and lynchings in the 1860s and 1870s. (My entries to the website should all be up by the end of summer.)

I’m telling you this in this article because a large amount of interethnic violence that I researched, found, and documented took place between law enforcement and suspected criminals. I personally cataloged dozens of incidents of police officers shooting Black men in the back while running away from the police.

This is not profound or new information if you ask any Black person in America. Law enforcement has been killing Black bodies for centuries.

You’re thinking, “The 1800s? Really? That was 150 years ago.”

Some of you are also following my newsletter on the Southern Strategy, a weekly series I’m publishing that started in the late 1940s and ended in the 1980s. It uses primary sources, like newspaper records and congressional records, to explain how the Southern Strategy happened.

I have included many critical events during the Civil Rights movement, in addition to focusing on politics and politicians who helped shape party realignment. One civil rights moment that I think about a lot is the legal lynching of Willie McGee.

The thing about the Willie McGee case, who was sentenced to death for a crime he didn’t commit in the early 1950s in Mississippi, which is seared into my memory, is that while he was in custody, police officers beat him so severely that it led to permanent brain damage.

In America, under Conservatism in the South, people of color have been systematically murdered by law enforcement for a long time. Whether it was in the wake of the Civil War, during the Civil Rights Era, or even now, people of color continue to be systematically killed.

Why are we still dealing with the same issues 150 years later? 75 years later? Seven years after the Sandra Bland Act was signed into law?

Perhaps because we continue to live under Conservative rule, where the belief that punishment is greater than treatment, mental health isn’t accessible for lower-income people, and living in poverty is criminalized.

Texas can change.

Texas is at the precipice of change. After decades of struggle, we finally have the numbers and perhaps even the willpower to change our leadership. While it seems cliche, the answer is voting.

Conservative Republicans, as we saw by the actions of Brian Birdwell, are only interested in weakening the Sandra Bland Act and turning a blind eye to in-custody deaths.

It’s important to vote for progressives who believe in and want to see meaningful change. It’s also important to elect people who will pass legislation on data collection, independent oversight, mental health care, and accountability.

While we all hope for big wins and meaningful change in 2024, we can't give up even if we have some disappointments. We have to keep showing up to vote in 2026 and 2028. We must continue pushing for progress because if we don’t, we will regress.

Tarrant County activists are calling for Sheriff Bill Wayborn to regisn.

I am joining their call and urging you to do so as well.

If you are in the Tarrant County area, please get involved. Attend protests or rallies and ask local officials to be accountable.

Please contact your Texas Senators and Representatives and tell them that you want the Sandra Bland Act strengthened. Feel free to use the legislative ideas I listed above as changes you want to see.

Not sure who your elected officials are? You can find out here.

The Sandra Bland Act represents a crucial step toward addressing the systemic issues within Texas jails, but more work is needed. As the data and recent reports show, jail deaths continue to be a significant problem, reflecting broader issues of neglect and abuse. It is essential to support ongoing reforms and hold law enforcement accountable.

The fight for justice and humane treatment in our criminal justice system must continue, and it begins with informed, persistent civic engagement. We can honor Sandra Bland's memory by voting for leaders committed to meaningful change, staying involved in local advocacy efforts, and ensuring a safer, fairer system for all.

Change is possible, and together, we can make it happen.

• 143 days left until the November 5 election!

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