Man's death in police custody sparks lawsuit

BROWNSVILLE — The family of a 21-year-old Harlingen man who died while in police custody in 2006 has filed a federal lawsuit against the city of Harlingen.

The lawsuit claims the civil rights of Daniel Tamez, 21, were violated because he did not receive medical care.

Tamez died after he swallowed a bag of cocaine, according to the autopsy report. The conclusion from the autopsy was that Tamez’s death was accidental, caused by “acute cocaine intoxication due to ingestion of cocaine,” the report states.

A grand jury later ruled that Harlingen police could not be blamed for Tamez’s death on Jan. 19, 2006, after 35 hours in police custody.

Police Chief Danny Castillo did not immediately return a call from a reporter regarding the lawsuit.

Tamez had a constitutional right to medical care while in police custody, according to the suit filed by his father and other family members in U.S. District Court.

The family is seeking unspecified compensation from the city.

Mayor Chris Boswell said only, “We’re aware that it is in litigation, but I don’t think it’s appropriate for me to comment.”

City Attorney Brendan Hall declined to comment on the record about the case.

“We’ll respond to the allegations in due time in an appropriate forum,” Hall said.

Tamez had been charged by police with evading and resisting arrest and reckless driving.

Police chased him in his car and on foot before they caught him in the early morning hours of Jan. 18, 2006, tackling him and wrestling him into a patrol car, the lawsuit states.

Despite Tamez telling jailers he was ill, under a doctor’s care and a diabetic, he received no medical care while in the city jail, the lawsuit states.

Tamez was taken to the county jail at Olmito about 3:27 p.m. Jan. 18, according to a custodial death report filed with the Texas Attorney General’s Office. Once there, he told the staff he “wanted a blood test,” according to the report.

“The county personnel then refused to accept Mr. Tamez until he was medically cleared,” the report states.

The county jailers refused to book him without his first being checked by doctors, the lawsuit states.

Tamez was then held overnight at the city jail without medical care, according to the lawsuit.

He was taken to Harlingen Medical Center about 9 a.m. Jan. 19 and died at 12:29 p.m., according to the custodial death report.

An autopsy report showed Tamez tested positive for cocaine and marijuana and had multiple abrasions, contusions, “rare lacerations” and Taser burns.

“However, no life-threatening blunt force injuries were found,” the autopsy report states.