A federal court has thrown out a lawsuit over the death of Robert Miller, who died in Tarrant County custody in 2019 under disputed circumstances.
The Tarrant County Medical Examiner’s Office blamed Miller's death on a sickle cell crisis, but a Fort Worth Star-Telegram investigation found Miller did not have sickle cell disease. The report suggested he died because detention officers pepper sprayed him repeatedly at close range.
Miller’s wife, Shanelle Jenkins, filed the wrongful death lawsuit against multiple detention officers and jail nurses in 2023.
U.S. District Judge Mark T. Pittman dismissed the lawsuit on July 9, stating it came too late after Miller's death in August 2019.
“That is over four years and ten months ago—well past the two-year statute of limitations,” Pittman wrote in his ruling.
Jenkins didn't learn Miller was pepper sprayed until 2021, and the Texas Department of Public Safety didn't release its full investigation of the incident until 2022, according to Pittman.
Although the statute of limitations can begin later than the death itself, that's not the case here, he ruled. Jenkins filed a previous lawsuit over her husband's death that was also dismissed.
"[Jenkins] here was aware of, and had reason to investigate, the causal connection between Defendants and Mr. Miller’s death. Without such a connection, she would have had no basis to sue," Pittman wrote. "In fact, [Jenkins] would have had reason to investigate (and should have conducted an investigation) well before filing her first lawsuit."
Jenkins' attorneys have argued the county and state delayed the release of critical public records that explained what happened to Miller.
Tarrant County elected officials originally promised to contract an outside expert to review Miller’s autopsy, but the county never sent the expert any materials to review. Officials have never explained why they scrapped that plan.
Instead, the Tarrant County Medical Examiner's Office performed its own review and changed Miller's manner of death from natural to "undetermined," while doubling down on its conclusion he died of a sickle cell crisis. That determination has been questioned by medical experts.
This story has been updated with more information about the dismissed lawsuit and Robert Miller's arrest and death.
Got a tip? Email Miranda Suarez at msuarez@kera.org. You can follow Miranda on Twitter @MirandaRSuarez.
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