TARRANT COUNTY, Texas — The family of a woman with severe intellectual disabilities has filed a lawsuit against Tarrant County after the woman was on a ventilator in intensive care for weeks after a 10-day stay in the Tarrant County Jail, arguing her Fourteenth Amendment rights were violated.
Kelly Masten, 40, suffers from Lennox-Gastaut Syndrome, a rare epilepsy disorder that causes her to have seizures nearly every day. On April 11, 2022, her grandmother called 911 after Masten bit her. The lawsuit states she called 911 for Masten to receive medical assistance, but instead, she was arrested and taken to jail.
"Repeated pleas and explanations of Kelly’s rare medical condition and developmental disability were met with a response, 'Don't worry. We will get her to JPS within a few hours,'" the suit reads. "That did not happen."
The suit claims Masten was kept in an unpadded cell, despite the suit stating that the officer noticed Masten had a seizure disorder. A day later, she was found in her cell with blood on her face and a cut on her lip, the suit reads.
There were two different claims to rehouse Masten to the infirmary days later, but Masten remained in her unpadded cell, until April 18, when she was finally moved to the medical unit. On April 19, the suit states Masten was finally classified as a "fall risk."
But on April 20, the suit states Masten fell twice more from her bed in her metal and concrete cell before she was taken to a hospital by paramedics.
"Tarrant County had all the information it needed to prevent Kelly’s injuries and suffering," the suit argues. "On April 14, 2022, Kelly’s family brought Kelly’s medication to the jail and informed medical of Kelly’s seizures."
The suit goes on to state that Masten's family had brought anti-seizure medication to the jail, only to be turned away.
"On the one occasion that family was allowed to visit Kelly, she barely recognized them," the suit reads. "Kelly had a split lip and dark bruises around her eyes. When Kristina Salinas finally saw Kelly, her knees buckled, and her screams brought hospital security running. It was Kristina’s opinion that Kelly looked like two grown men had repeatedly beaten her. Kelly was covered in bruises and appeared to have been unwashed and unchanged for days. Her hair was so matted that most of it had to be shaved."
The suit argues Tarrant County violated Masten's Fourteenth Amendment rights, including the rights to receive reasonable medical or mental healthcare, to be protected, and to not be punished as a pretrial detainee.
"Pretrial detainees are entitled to be protected and not to be punished at all, since they have not been convicted of any alleged crime resulting in their incarceration," the suit states.
The suit asks the court for Tarrant County to pay damages for Masten's past and future physical pain, mental anguish and physical impairment, as well as medical and legal expenses.
