Judge dismisses Tarrant County from lawsuit filed by family of Anthony Johnson Jr., who died in Tarrant County Jail; criminal case continues
TARRANT COUNTY – A U.S. district judge dismissed Tarrant County from the civil lawsuit filed by the family of Anthony Johnson Jr.
Johnson, a marine veteran, was killed during an altercation inside the Tarrant County Jail in April 2024. He was 31.
Court records show the case against Tarrant County and some of the named defendants was dismissed on Feb. 7. The 62-page lawsuit alleged Johnson's death was caused by systemic issues within the jail including unconstitutional use of force, failure to train employees, failure to provide medical care, deficient supervision and an absence of discipline.
U.S. District Court Judge Reed O'Connor dismissed the lawsuit against Tarrant County and six individual defendants. It continues against nine other individuals named in the complaint.
O'Connor ruled that the Johnson family attorneys failed to provide evidence to support allegations that Johnson's death was caused by systemic issues in the jail.
"Plaintiffs consistently plead that Johnson died as a result of the conduct of 'multiple jailers at the Tarrant County Jail.' The Court is not persuaded that this is a 'conditions-of-confinement' case. Conditions cases usually concern 'durable restraints or impositions on inmates' lives like overcrowding, deprivation of phone or mail privileges, the use of disciplinary segregation, or excessive heat.'"
"Anyone can file a lawsuit and make unfounded claims against a person or organization," said Tarrant County Sheriff Bill Waybourn. "Fortunately, our justice system requires evidence to support those allegations."
A criminal case against two of the jailors also continues. Joel Orlando Garcia and Rafael Moreno were indicted for murder. Both were released from jail on bond.
CBS News Texas requested comment on the dismissal from Darryl K. Washington, the attorney representing Johnson's family, he responded, in part:
"The allegations in Plaintiffs' lawsuit are supported by several witnesses and a fifteen-minute video that Sheriff Waybourn continues to hide behind. If Sheriff Waybourn believed the allegations made by the Plaintiffs are unfounded claims against a person or organization, he would have released the full video months ago."
What happened to Anthony Johnson Jr.?
The Tarrant County Medical Examiner ruled Johnson's death was a homicide. Examiners said he died from mechanical and chemical asphyxia while an inmate in the Tarrant County Jail.
Investigators said the incident evolved from a routine cell shakedown where they found a shank and a razor in Johnson's cell. Waybourn said Johnson displayed "superhuman" strength as employees started wrestling with him after the find.
According to Waybourn, jail employee Rafael Moreno put a knee into the 31-year-old's back when he was already restrained. Waybourn said that's not a sanctioned tactic.
In the jail-released video, Johnson said, "I can't breathe." But Moreno remained in place for nearly 90 seconds.
According to the lawsuit, "Once Johnson was no longer responsive, the Defendant Jailers placed a motionless Johnson in a wheelchair but did not otherwise attempt to provide him with the necessary medical attention. At least one of the Defendant Jailers slapped Johnson in the face..."
Moreno and his supervisor, Lt. Joel Garcia, were fired and then reinstated because they weren't fired properly, then fired again.
Saginaw police took Johnson into custody two days before, saying he was standing in an intersection wielding a knife at a driver. Johnson's family said he was experiencing a mental health crisis.
