This article was published in partnership with The Marshall Project - Cleveland, a nonprofit news team covering Ohio’s criminal justice systems.
The Cuyahoga County jail has been called one of the 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 ago.
The deaths of two dozen people in the jail have left families with unanswered questions. They have also shaken public trust and led to lawsuits and investigations on the state and national levels that, to this day, identify ongoing concerns over systemic failures.
What’s supposed to happen when a person dies inside the jail?
The Marshall Project - Cleveland has broken down the steps that local, state and federal governments are supposed to take when someone dies in jail custody, and what records are available to anyone seeking answers.
Are jail staff required to notify state and federal agencies after a death?
Yes.
When someone dies while in jail custody, even if they died after being moved to a hospital, jail officials are required to report the death to two agencies: the Ohio Department of Rehabilitation and Correction and the state’s Office of Criminal Justice Services.
In addition, the federal Death in Custody Reporting Act requires the state to report the death and related details to the U.S. Bureau of Justice Assistance.
How are jail deaths investigated?
Jail deaths are investigated and reviewed on several levels.
- The autopsy: A county coroner or medical examiner determines the cause of death through an autopsy, which includes toxicology testing, a process that can take months. Toxicology testing of a person’s blood or urine helps to determine if drugs, alcohol, or other substances contributed to or caused a death. An autopsy is designed to identify how someone died, such as a heart attack or overdose, and why, such as natural causes or homicide. If a family is unsatisfied with the government autopsy, they can seek an independent examination, often at their own expense. However, the Autopsy Initiative, part of the Know Your Rights Camp founded by Colin Kaepernick, may provide a second autopsy at no cost for families who have lost a loved one due to law enforcement intervention.
- The internal investigation: Since the sheriff oversees the jail, he or she will often initiate an internal investigation of the death. Investigators generally review the events leading up to the death, interview staff and document the incarcerated person’s medical history. If the investigation finds that correctional officers or staff did not follow department policy, the sheriff may discipline those responsible. The sheriff's investigation can also be turned over to prosecutors for potential criminal charges.
- The independent state investigation: To avoid real or perceived conflicts of interest, the sheriff can request an independent investigation from the Ohio Bureau of Criminal Investigation. The BCI’s findings can then be given to prosecutors, who may present the case to a grand jury to determine if criminal charges should be filed. It’s a rare occurrence, however. Cuyahoga County has not asked the BCI to investigate a jail death since 2016, according to a spokesperson for Ohio Attorney General Dave Yost.
- State oversight review: Another review happens on the state level. Jails must report deaths within 24 hours to the Ohio Department of Rehabilitation and Correction, specifically the Bureau of Adult Detention. The goal is to find out what happened, why it happened, and whether staff followed the rules. After the investigation, the state may issue a corrective action plan if policy failures are identified. The plan outlines steps jail staff should take to fix any problems, including revisions to jail policies.
What kinds of records should be available?
Many records are public under Ohio law and available to anyone who asks, including:
- Video footage: Bodycam and jail surveillance footage are public records, but a new law allows agencies to charge a maximum of $75 per hour of video, although not more than $750 per request. Each jail has different rules about how long they keep video, and some may delete it after a set number of days.
- Officer disciplinary records: Internal investigations of correctional officers, even for breaking rules that are not crimes, are publicly available. These records include a correctional officer's discharge, loss of pay, suspension, demotion or termination.
- Emails: Ohio law defines “public record” as any document — including emails — created or received by a public office. There are some exemptions.
- Autopsy records: Autopsy records are generally public records, including observations and conclusions drawn during the procedure. If a case is a suspected homicide, the autopsy report cannot be provided until the case is resolved.
- State death investigations and corrective action plans: These can be requested from the Ohio Department of Rehabilitation and Correction.
- Medical records of the deceased: Under the Health Insurance Portability and Accountability Act (HIPAA), medical records can be released after a death to a spouse, adult child, parent or sibling. Family members can request jail medical records and records from a hospital stay.
