How to use this guide
Use the section links to find the records, deadlines, and questions most relevant to your situation.
Topic
Jail Death: Early Evidence Steps
Investigative Manual
Start with
Section 1
Use the section links to find the information most relevant to your situation.
Individual questions
Case-specific review
An attorney can address how the facts, evidence, deadlines, and governing law apply to a particular matter.
01
The jail controls many records. Early preservation requests can help protect the evidence needed to understand what happened.
02
Official Records May Be Incomplete
When an inmate dies, the initial public explanation may be brief or incomplete. Families often need video, medical logs, incident reports, and witness accounts before they can understand what happened.
03
Step 1: The Spoliation Letter
A preservation letter is an early written request sent to the sheriff, county commissioners, city, medical contractor, or other responsible officials. It identifies records that should be preserved, including:
- Security camera footage and body-worn camera footage.
- Medical logs or "kites" (inmate request forms).
- Records identifying staff, contractors, cellmates, and other potential witnesses.
Early written notice helps reduce later disputes about what records should have been kept.
04
Step 2: The Independent Autopsy
Official autopsy findings can be important to understanding cause and manner of death. Depending on the circumstances, an attorney may recommend an independent pathologist's review or other steps before burial or cremation.
05
Step 3: Finding Witnesses
Other people in the facility may have relevant information, but their location and recollection can change over time. An investigation may include steps to:
- Identify cellmates, staff, contractors, and other potential witnesses.
- Preserve available contact information and accounts.
- Document what each witness personally saw or heard.
Do Not Rely on One Investigation Alone
An agency investigation may not address every question relevant to a civil matter. Attorney review can identify additional records, witnesses, and preservation issues while the public record is still developing.
Request Attorney Review