EFTA00027122.pdf

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Extraction Summary

14
People
5
Organizations
3
Locations
4
Events
2
Relationships
5
Quotes

Document Information

Type: Legal opinion / court order
File Size: 1.5 MB
Summary

This document is an opinion from the United States Court of Appeals for the Fifth Circuit affirming the sentence of Frederick Hernandez, a former correctional officer. Hernandez pled guilty to making false statements by falsifying logs regarding inmate safety checks during a shift in which inmate Luis Bent committed suicide. The court upheld a sentencing enhancement, ruling that Hernandez's failure to perform mandatory checks while knowing the inmate was suicidal constituted a conscious or reckless risk of death. This case serves as a legal precedent regarding prison guard liability and falsification of records in the context of inmate suicide.

People (14)

Name Role Context
Frederick Hernandez Defendant-Appellant
Former correctional officer at Big Spring Correctional Center; pled guilty to making false statements regarding safet...
Luis Bent Inmate (Deceased)
Inmate at Big Spring Correctional Center who committed suicide on August 23, 2012.
Joey Rosas Correctional Officer
Worked in the SHU on August 22, 2012; expressed concerns about Bent's mental state.
Christopher Moore Correctional Officer
Began shift just after midnight on August 23, 2012; discussed prior suicide attempts with Hernandez.
Lyle W. Cayce Clerk
Clerk of the United States Court of Appeals for the Fifth Circuit.
Stewart Chief Judge
Judge on the panel for the Fifth Circuit Court of Appeals.
King Circuit Judge
Judge on the panel for the Fifth Circuit Court of Appeals.
Elrod Circuit Judge
Judge on the panel for the Fifth Circuit Court of Appeals.
Karen S. Mitchell Recipient
Addressee of the mandate letter; located at Northern District of Texas, Abilene.
Shawn D. Henderson Deputy Clerk
Signed the mandate letter on behalf of Lyle W. Cayce.
Gail A. Hayworth CC Recipient
Copied on the mandate letter.
James Wesley Hendrix CC Recipient
Copied on the mandate letter.
Monica F. Markley CC Recipient
Copied on the mandate letter.
David E. Sloan CC Recipient
Copied on the mandate letter.

Timeline (4 events)

2012-08-22
Medical evaluation of Luis Bent; shift change where officers discussed Bent's erratic behavior.
Big Spring Correctional Center, Texas
2012-08-23
Suicide of inmate Luis Bent in his cell at Big Spring Correctional Center.
Big Spring Correctional Center, Texas
2015-04-08
Filing of the Court of Appeals Opinion affirming Hernandez's sentence.
Fifth Circuit Court of Appeals
Frederick Hernandez United States of America
2015-04-30
Mandate issued by the Court of Appeals.
New Orleans, LA

Relationships (2)

Frederick Hernandez Guard/Inmate Luis Bent
Hernandez was the correctional officer on duty when inmate Bent committed suicide.
Frederick Hernandez Co-workers Joey Rosas
Both worked as Correctional Officers at BSCC; Rosas worked the shift prior to Hernandez.

Key Quotes (5)

"Defendant-Appellant Frederick Hernandez pled guilty to making false statements and aiding and abetting in violation of 18 U.S.C. §§ 1001 & 1002"
Source
EFTA00027122.pdf
Quote #1
"Hernandez admitted to entering false information on the forms indicating that the official inmate counts had been conducted."
Source
EFTA00027122.pdf
Quote #2
"the investigation revealed that not a single 30-minute safety check or formal inmate count was conducted during Hernandez's shift"
Source
EFTA00027122.pdf
Quote #3
"Hernandez had subjective knowledge—less than ten hours prior to Bent's death—that Bent presented a suicide risk."
Source
EFTA00027122.pdf
Quote #4
"Hernandez consciously or recklessly disregarded the risk of death or serious bodily injury when he falsified the reports indicating that the safety checks and counts had been performed when they had not."
Source
EFTA00027122.pdf
Quote #5

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