The family of a man who died from water intoxication while in jail custody is suing Dallas County, the third such lawsuit in recent years.
Spencer Swearnger's family says the county didn’t take safety precautions that could have prevented his death in 2023.
When he was booked into the jail in August 2023, he showed signs of, and admitted to, being suicidal and mentally unstable, according to multiple reports.
On Nov. 11, 2023, records show Swearnger, 52, was strapped in a restraint chair in his cell after he allegedly drank excessive amounts of toilet water in his jail cell and seemed disoriented, according to the lawsuit.
He then became unresponsive. He was later transported to Parkland Hospital, where he died on Nov. 15, 2023. An autopsy showed his death was caused by water intoxication.
The autopsy report says compulsive water drinking is strongly associated with psychiatric illnesses, but that Swearnger's "extensively documented issues with recurrent suicidal ideation as well as psychosis" could possibly indicate it was intentional.
Civil rights attorney Dean Malone, who represents Swearnger's family, said jail improvement is needed, especially since staff and administration are aware of death by water. This was the third such death at the jail since 2020.
"The jail has been fully aware for some time of the issue of mentally ill people ingesting large amounts of water," he said. "And from taking depositions in another case, we have learned there's been no training implemented. They haven't implemented any specific policies. There was an indication that an email went out about water intoxication, but it's our understanding that's all that happened."
Malone said if an email was sent to staff, it wasn't enough.
"One wonders if we are aware of three water intoxication deaths, how many other people have been short of death doing the same thing?" he said.
Malone said most Texas jails have water shut-off valves that can control the amount of water inmates have access to in their cells. Meters can also measure how much water is used in the toilets or sinks.
Training could include the same type of steps for any other signs of mental health impairment, Malone said.
"For those with mental health issues, and I'm not talking about minor mental health issues, but serious mental health issue, and for those who have exhibited self-harm tendencies and further indicated they have a plan, you've got to watch for water ingestion," he said. "I mean, if a person is drinking from a toilet, that alone should alert you that something's wrong."
Last year, Dallas County paid a $1 million settlement to the family of Paul Aaron French, who apparently died by suicide in 2020 while in jail custody.
The 31-year old had been behaving erratically and threatening to kill himself, according to the lawsuit.
Similarly, 30-year-old Taylon Dickerson died while in jail custody in 2022. Trial for that lawsuit is scheduled for Nov. 3.
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