Filed
6:00 a.m. EDT
07.24.2025
In Cuyahoga County, a jail dying triggers necessary investigations. Right here’s what all Ohio sheriffs are presupposed to do, and how you can examine their work.
The Cuyahoga County jail has been referred to as one of many worst jails in America, a title it earned following a scathing investigation by the U.S. Marshals Service amid a rash of deaths seven years in the past.
The deaths of two dozen individuals within the jail have left households with unanswered questions. They’ve additionally shaken public belief and led to lawsuits and investigations on the state and nationwide ranges that, to this present day, establish ongoing considerations over systemic failures.
What’s presupposed to occur when an individual dies contained in the jail?
The Marshall Mission – Cleveland has damaged down the steps that native, state and federal governments are presupposed to take when somebody dies in jail custody, and what data can be found to anybody looking for solutions.
Are jail employees required to inform state and federal companies after a dying?
Sure.
When somebody dies whereas in jail custody, even when they died after being moved to a hospital, jail officers are required to report the dying to 2 companies: the Ohio Division of Rehabilitation and Correction and the state’s Workplace of Legal Justice Companies.
As well as, the federal Dying in Custody Reporting Act requires the state to report the dying and associated particulars to the U.S. Bureau of Justice Help.
How are jail deaths investigated?
Jail deaths are investigated and reviewed on a number of ranges.
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The post-mortem: A county coroner or medical expert determines the reason for dying by an post-mortem, which incorporates toxicology testing, a course of that may take months. Toxicology testing of an individual’s blood or urine helps to find out if medication, alcohol, or different substances contributed to or brought on a dying. An post-mortem is designed to establish how somebody died, reminiscent of a coronary heart assault or overdose, and why, reminiscent of pure causes or murder. If a household is unhappy with the federal government post-mortem, they’ll search an unbiased examination, usually at their very own expense. Nevertheless, the Post-mortem Initiative, a part of the Know Your Rights Camp based by Colin Kaepernick, could present a second post-mortem without charge for households who’ve misplaced a beloved one resulting from regulation enforcement intervention.
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The inner investigation: For the reason that sheriff oversees the jail, she or he will usually provoke an inside investigation of the dying. Investigators typically assessment the occasions main as much as the dying, interview employees and doc the incarcerated particular person’s medical historical past. If the investigation finds that correctional officers or employees didn’t comply with division coverage, the sheriff could self-discipline these accountable. The sheriff’s investigation will also be turned over to prosecutors for potential legal costs.
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The unbiased state investigation: To keep away from actual or perceived conflicts of curiosity, the sheriff can request an unbiased investigation from the Ohio Bureau of Legal Investigation. The BCI’s findings can then be given to prosecutors, who could current the case to a grand jury to find out if legal costs needs to be filed. It’s a uncommon incidence, nevertheless. Cuyahoga County has not requested the BCI to research a jail dying since 2016, based on a spokesperson for Ohio Legal professional Normal Dave Yost.
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State oversight assessment: One other assessment occurs on the state degree. Jails should report deaths inside 24 hours to the Ohio Division of Rehabilitation and Correction, particularly the Bureau of Grownup Detention. The purpose is to seek out out what occurred, why it occurred, and whether or not employees adopted the foundations. After the investigation, the state could challenge a corrective motion plan if coverage failures are recognized. The plan outlines steps jail employees ought to take to repair any issues, together with revisions to jail insurance policies.
What sorts of data needs to be out there?
Many data are public underneath Ohio regulation and out there to anybody who asks, together with:
- Video footage: Bodycam and jail surveillance footage are public data, however a brand new regulation permits companies to cost a most of $75 per hour of video, though no more than $750 per request. Every jail has completely different guidelines about how lengthy they preserve video, and a few could delete it after a set variety of days.
- Officer disciplinary data: Inner investigations of correctional officers, even for breaking guidelines that aren’t crimes, are publicly out there. These data embody a correctional officer’s discharge, lack of pay, suspension, demotion or termination.
- Emails: Ohio regulation defines “public file” as any doc — together with emails — created or acquired by a public workplace. There are some exemptions.
- Post-mortem data: Post-mortem data are typically public data, together with observations and conclusions drawn through the process. If a case is a suspected murder, the post-mortem report can’t be offered till the case is resolved.
- State dying investigations and corrective motion plans: These will be requested from the Ohio Division of Rehabilitation and Correction.
- Medical data of the deceased: Below the Well being Insurance coverage Portability and Accountability Act (HIPAA), medical data will be launched after a dying to a partner, grownup youngster, father or mother or sibling. Relations can request jail medical data and data from a hospital keep.