Federal Court Declares Texas’ Prolonged Jail Waits for Competency Restoration Unconstitutional

July 9, 2026
AUSTIN, TEXAS – Class action ruling finds that the Texas Health and Human Services Commission’s decades’ long practice of forcing pretrial detainees found incompetent to stand trial to wait months and sometimes years in jails for admission to State’s mental health facilities for restoration services violates their constitutional rights. This ruling is in keeping with other similar rulings in other states.

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“I CAN’T BREATHE”

Death In Custody: The Story of Javier Antonio Ambler II

Read more at Austin American Statesman

AUSTIN AMERICAN STATESMAN, JUNE 8, 2020— On March 28, 2019, 40-year-old Javier Antonio Ambler II was pulled over by Williamson County Sheriff’s deputies for failing to dim his headlights to oncoming traffic. When Ambler did not pull over he was chased by deputies for 20 minutes before crashing his vehicle. Ambler was tased four times as deputies attempted to arrest him. The final minutes of his life were revealed on an Austin police officer body camera video as he lay dying on a street in North Austin. “I have congestive heart failure,” Ambler gasped. “I can’t breathe.” Ambler’s parents, Maritza and Javier, seek justice as much of the nation protests decades of police brutality against minorities.

CNN, June 9, 2020 — Black man heard saying ‘I can’t breathe’ multiple times during fatal arrest in Texas, body camera video shows.

CBS NEWS, June 9, 2020 — Newly-released video shows Texas man begged “I can’t breathe” during fatal arrest.


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