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Man with no criminal charges died from a complication of diabetes in Alcorn County Jail

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mississippitoday.org – Gwen Dilworth – 2024-10-30 11:52:00

James Tatsch had no criminal charges pending against him when he died in jail from a complication of diabetes. 

Tatsch, who was 48 years old, was jailed while waiting on mental health treatment during Mississippi’s involuntary commitment process. When he was found unresponsive in his cell in Corinth on Jan. 17, he had been detained for 12 days

His death was caused by diabetic ketoacidosis, a condition that develops when a person’s body does not have enough insulin for blood sugar to provide energy to its cells, according to the findings of the state medical examiner’s autopsy report. 

Jail staff knew Tatsch was diabetic, Alcorn County Sheriff Ben Caldwell told Mississippi Today. He does not believe the jail is at fault for Tatsch’s death. 

“From everything that I’ve seen and all the reports and all the information that I’ve checked on, it appears that my staff was doing what they needed to do,” he said. “It’s a tragedy.”

Alcorn County Sheriff Ben Caldwell Credit: Alcorn County

Alcorn County Correctional Facility does not have a written or uniform policy for treating diabetic patients, said Caldwell. Rather, the facility’s medical staff – a doctor, registered nurse and a licensed practical nurse – creates an individualized procedure of care for each patient. 

Death by diabetic ketoacidosis is preventable, said nurse practitioner KC Arnold, owner of The Diabetes Center in Ocean Springs.

Illness, missed insulin shots, a clogged insulin pump or the wrong insulin dose are the most common causes of diabetic ketoacidosis, according to the Centers for Disease Control and Prevention

Arnold said people in custody with diabetes are often given a combination of intermediate and rapid-acting insulin twice a day. 

“It’s not the best care, but that would keep him out of (diabetic ketoacidosis) if he had known diabetes,” she said. 

READ MORE: Committed to Jail series

Jails and prisons should have written policies and procedures for diabetes care and provide training to medical and non-medical staff, said the American Diabetes Association in a statement published earlier this year. 

“These policies would ensure that detainees have timely access to necessary treatment at all appropriate levels of care,” the statement said. 

Tatsch is one of at least 15 people who have died after being jailed through Mississippi’s involuntary commitment process. Nine of them committed suicide. 

During the process, people who pose a threat to themselves or others can be ordered to county jails while they await mental health evaluation or treatment. 

Laws allowing people with mental health concerns to be involuntarily taken into custody exist in every state. But reporting from Mississippi Today and ProPublica revealed that no other state jailed people in the civil commitment process without criminal charges with such frequency, and often for days or weeks. 

The state revised its civil commitment law earlier this year. It now requires a screening to be completed by the local Community Mental Health Center before a person is jailed and for other treatment options be considered first.  

Because Tatsch’s death is under investigation, Mississippi Today could not access jail records. Caldwell, however, provided an account of what happened that day.  

The morning of the day he died, Tatsch began “acting erratically,” Caldwell said. He was moved from a standard housing unit to the jail’s “segregation” area, where he was locked in a cell alone and checked on by guards every 30 minutes. 

His blood sugar was checked at 12:08pm. It was high, and he was given insulin. 

A guard checked on Tatsch, spoke to him and observed him eating from a jail-issued snack bag less than half an hour before he was found unconscious. He was found unresponsive within 30 minutes and transported to Magnolia Regional Health Center, where he was pronounced dead. 

The incident time was 10:40pm, according to the Mississippi Bureau of Investigation incident report.

Caldwell was not certain what other diabetic care Tatsch received on the day of his death. He first told Mississippi Today that the midday blood sugar check was the result of a complaint made by Tatsch, but later said it was a regular mealtime test. He was unsure when Tatsch’s blood sugar was checked at other times during the day. 

He said he could not share details about Tatsch’s treatment regimen or say when he last received insulin because he turned all relevant documents over to the Mississippi Bureau of Investigation, including statements from officers on duty. 

The agency began looking into Tatsch’s death after Caldwell asked for an investigation. He made the request less than an hour after Tatsch’s death occurred, according to the incident report. 

The investigation will be presented to a grand jury, or a group of citizens who review evidence to determine whether someone should be tried for a crime, in November. 

The grand jury proceeding was requested by former Alcorn County District Attorney John Weddle. Current District Attorney Jason Herring said he could not comment on pending matters, but that the county presents all in-custody death cases to a grand jury. 

Caldwell reviewed the incident for any possible policy changes that could have prevented the death but found none, he said. 

“This is a tragedy, but this is not representative of the care they provide the inmates here. That’s our number one priority, obviously the safety and security of the public as well as the inmates that are here and their safety and wellbeing.”

Arnold said symptoms of diabetic ketoacidosis arise before a patient is in critical condition and can include vomiting, frequent urination, weakness or nausea.

“Any medical practitioner would recognize that,” she said. 

Greta Martin, litigation director for Disability Rights Mississippi, said she sees a statewide failure in jails and prisons to properly treat diabetes, which qualifies as a disability under the Americans with Disabilities Act. 

Incarcerated people with diabetes often do not receive timely medication, regular chronic care check-ups or prescribed diabetes diets, said Martin. 

“Diabetes unchecked and untreated can cause a myriad of problems that could be significant and life threatening,” she said. 

Seventeen people have died in state custody from diabetes-related causes since 2015, according to Department of Corrections records. This number does not include people who are in counties’ custody, like Tatsch.

Jail and medical personnel have been held liable for an incarcerated person’s death from diabetes in Mississippi before. 

In 2022, George County agreed to pay a $2.8 million settlement after an insulin-dependent man in George County Regional Correctional Facility went seven days without insulin. The jail’s nurse was sentenced to 15 years for manslaughter

Sheriffs are responsible for providing proper medical care to people incarcerated in county jails, including people held in jail during civil commitment, said Cliff Johnson, the director of Mississippi’s MacArthur Justice Center, an organization that advocates for people who are incarcerated.

“Sheriffs have consistently complained to us that the burden of Mississippi’s inadequate mental health system has fallen on them,” he said. 

“They concede that they’re not trained to take care of people with mental illness and they wish they didn’t have to. The reality for sheriffs … is that they owe everyone in their jail a duty to keep them safe, to provide them with the medical care and the mental health care the law requires.”

It is unclear if Tatsch was ever evaluated by a mental health professional or had a hearing during his 12-day incarceration. At the time, the law required a hearing to be held within seven to 10 days. 

Alcorn County Chancery Clerk Keith Settlemires, whose office is responsible for coordinating the civil commitment process, declined to speak to Mississippi Today about Tatsch’s case. 

Jason Ramey, the executive director of Region IV, the local community mental health center that provides screening during the civil commitment process, said that Region IV has communicated with the Alcorn County Chancery Clerk’s office about the services the center provides, including a crisis stabilization unit.

Crisis stabilization units offer stabilization and treatment to people with severe mental illness or who are in psychiatric crisis and provide an alternative to incarceration for people in the civil commitment process. 

Mississippi Today reached out to several of Tatsch’s family members but did not reach any who knew him personally. 

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

An ad supporting Jenifer Branning finds imaginary liberals on the Mississippi Supreme Court

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mississippitoday.org – Bobby Harrison – 2024-11-24 06:00:00

The Improve Mississippi PAC claims in advertising that the state Supreme Court “is in danger of being dominated by liberal justices” unless Jenifer Branning is elected in Tuesday’s runoff.

Improve Mississippi made the almost laughable claim in both radio commercials and mailers that were sent to homes in the court’s central district, where a runoff election will be held on Tuesday.

Improve Mississippi is an independent, third party political action committee created to aid state Sen. Jenifer Branning of Neshoba County in her efforts to defeat longtime Central District Supreme Court Justice Jim Kitchens of Copiah County.

The PAC should receive an award or at least be considered for an honor for best fiction writing.

At least seven current members of the nine-member Supreme Court would be shocked to know anyone considered them liberal.

It is telling that the ads do not offer any examples of “liberal” Supreme Court opinions issued by the current majority. It is even more telling that there have been no ads by Improve Mississippi or any other group citing the liberal dissenting opinions written or joined by Kitchens.

Granted, it is fair and likely accurate to point out that Branning is more conservative than Kitchens. After all, Branning is considered one of the more conservative members of a supermajority Republican Mississippi Senate.

As a member of the Senate, for example, she voted against removing the Confederate battle emblem from the Mississippi state flag, opposed Medicaid expansion and an equal pay bill for women.

And if she is elected to the state Supreme Court in Tuesday’s runoff election, she might be one of the panel’s more conservative members. But she will be surrounded by a Supreme Court bench full of conservatives.

A look at the history of the members of the Supreme Court might be helpful.

Chief Justice Michael Randolph originally was appointed to the court by Republican Gov. Haley Barbour, who is credited with leading the effort to make the Republican Party dominant in Mississippi. Before Randolph was appointed by Barbour, he served a stint on the National Coal Council — appointed to the post by President Ronald Reagan who is considered an icon in the conservative movement.

Justices James Maxwell, Dawn Beam, David Ishee and Kenneth Griffis were appointed by Republican Gov. Phil Bryant.

Only three members of the current court were not initially appointed to the Supreme Court by conservative Republican governors: Kitchens, Josiah Coleman and Robert Chamberlin. All three got their initial posts on the court by winning elections for full eight-year terms.

But Chamberlin, once a Republican state senator from Southaven, was appointed as a circuit court judge by Barbour before winning his Supreme Court post. And Coleman was endorsed in his election effort by both the Republican Party and by current Republican Gov. Tate Reeves, who also contributed to his campaign.

Only Kitchens earned a spot on the court without either being appointed by a Republican governor or being endorsed by the state Republican Party.

The ninth member of the court is Leslie King, who, like Kitchens, is viewed as not as conservative as the other seven justices. King, former chief judge on the Mississippi Court of Appeals, was originally appointed to the Supreme Court by Barbour, who to his credit made the appointment at least in part to ensure that a Black Mississippian remained on the nine-member court.

It should be noted that Beam was defeated on Nov. 5 by David Sullivan, a Gulf Coast municipal judge who has a local reputation for leaning conservative. Even if Sullivan is less conservative when he takes his new post in January, there still be six justices on the Supreme Court with strong conservative bonafides, not counting what happens in the Branning-Kitchens runoff.

Granted, Kitchens is next in line to serve as chief justice should Randolph, who has been on the court since 2004, step down. The longest tenured justice serves as the chief justice.

But to think that Kitchens as chief justice would be able to exert enough influence to force the other longtime conservative members of the court to start voting as liberals is even more fiction.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1968

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mississippitoday.org – Jerry Mitchell – 2024-11-24 07:00:00

Nov. 24, 1968

Credit: Wikipedia

Black Panther leader Eldridge Cleaver fled the U.S. to avoid imprisonment on a parole violation. He wrote in “Soul on Ice”: “If a man like Malcolm X could change and repudiate racism, if I myself and other former Muslims can change, if young whites can change, then there is hope for America.” 

The Arkansas native began to be incarcerated when he was still in junior high and soon read about Malcolm X. He began writing his own essays, drawing the praise of Norman Mailer and others. That work helped him win parole in 1966. His “Soul on Ice” memoir, written from Folsom state prison, described his journey from selling marijuana to following Malcolm X. The book he wrote became a seminal work in Black literature, and he became a national figure. 

Cleaver soon joined the Black Panther Party, serving as the minister of information. After a Panther shootout with police that left him injured, one Panther dead and two officers wounded, he jumped bail and fled the U.S. In 1977, after an unsuccessful suicide attempt, he returned to the U.S. pleaded guilty to a reduced charge of assault and served 1,200 hours of community service. 

From that point forward, “Mr. Cleaver metamorphosed into variously a born-again Christian, a follower of the Rev. Sun Myung Moon, a Mormon, a crack cocaine addict, a designer of men’s trousers featuring a codpiece and even, finally, a Republican,” The New York Times wrote in his 1998 obituary. His wife said he was suffering from mental illness and never recovered.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1867

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mississippitoday.org – Jerry Mitchell – 2024-11-23 07:00:00

Nov. 23, 1867

Extract from the Reconstructed Constitution of the State of Louisiana, 1868. Credit: Library of Congress

The Louisiana Constitutional Convention, composed of 49 White delegates and 49 Black delegates, met in New Orleans. The new constitution became the first in the state’s history to include a bill of rights. 

The document gave property rights to married women, funded public education without segregated schools, provided full citizenship for Black Americans, and eliminated the Black Codes of 1865 and property qualifications for officeholders. 

The voters ratified the constitution months later. Despite the document, prejudice and corruption continued to reign in Louisiana, and when Reconstruction ended, the constitution was replaced with one that helped restore the rule of white supremacy.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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