The family of Anthony Johnson Jr. — who died in Tarrant County Jail custody last year — is trying to keep Tarrant County on as a defendant in their lawsuit against the county and 15 jailers.
Johnson's family filed a motion to amend their complaint Wednesday in order to include the county as a defendant in their suit after a federal judge dismissed claims against the county and six of the named jailers. The family also asked for the release of video footage of Johnson's death.
Johnson family attorney Daryl Washington told KERA News Johnson should have been under 24-hour medical care because of his schizophrenia.
"It's our belief and it's our position that had Anthony been placed on the floor dedicated for individuals with an illness, that he would be alive today," Washington said.
In an emailed statement, Sheriff Bill Waybourn said his office remains focused on serving the community with "integrity and professionalism."
"We respect the court’s initial ruling and maintain the dismissal was appropriate," he said.
Earlier this month, U.S. District Judge Reed O’Connor found the lawsuit failed to prove Tarrant County’s policies and procedures led to Johnson’s death. His ruling also found the suit didn't prove the six jailers were responsible for Johnson’s death, or that they showed negligence in not preventing it.
Providing 24-hour medical observation can be done at the Tarrant County Jail. A person died in Tarrant County Jail custody Tuesday after being transported to the hospital. The sheriff's office said the unidentified person was placed in medical housing under 24-hour observation and care during their entire detainment in sheriff's custody.
Johnson's family has previously said he was diagnosed with bipolar disorder and schizophrenia. His mother, Jacqualyne Johnson, said the family tried to get emergency medical help but Johnson was turned away from a treatment center because he was not a threat to himself or others.
Saginaw Police later picked Johnson up after he allegedly threatened a driver with a knife, according to the sheriff’s office. He was transferred to the county jail where he died after being restrained and pepper sprayed.
The Tarrant County Medical Examiner ruled his death a homicide by asphyxiation.
Johnson's jail registration form lists his schizophrenia. Jail staff wrote that they notified the magistrate's court he was suspected of having "mental illness or mental retardation," according to the form.
Washington said Johnson should have seen the magistrate immediately.
"That was not done," he said. "Nor was Anthony provided with any type of treatment plan."
Washington added that there was no trace of medication detected in Johnson's autopsy report, which indicated he was not receiving his medication.
If the Johnson family is able to amend their complaint, Tarrant County could be put back on the lawsuit.
The Tarrant County District Attorney's Office said in a statement that they do not comment on pending litigation.
Waybourn has defended his department policies in the wake of Johnson's death — one of at least 70 in-custody deaths since Waybourn took office. In September, Waybourn acknowledged Johnson's death was a "tragedy," but said it was an isolated incident in which individual jailers were at fault, not the department.
In an interview with KERA News and the Fort Worth Report, the sheriff also pointed out the vast majority of deaths on his watch involved people with underlying health issues.
In a statement released earlier this month, Waybourn said he was grateful for O'Connor's decision to remove the county from the suit.
“Anyone can file a lawsuit and make unfounded claims against a person or organization,” Waybourn said. “Fortunately, our justice system requires evidence to support those allegations.”
But Washington said there shouldn't be a ruling until O'Connor is able to see the video of Johnson's death, which shows at least one jailer kneeling on his back as he was pepper sprayed.
"That will show, clearly, that the jailers who were dismissed, as well as the county, were truly involved in the death of of Anthony Johnson," Washington said.
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