top of page

Exposing the Silence: Reporting on Deaths in Custody

Updated: Aug 12

Tip Sheet: New Year, New Lawmakers

Tip Sheet


ree

This tip sheet from Exposing the Silence: Reporting on Deaths in Custody is best used alongside the workshop recording. Using both, you'll find valuable information on reporting on deaths in custody and will be well equipped with the tools and knowledge to expose systemic failures that can have tragic consequences.


Watch the recording of this workshop session here.

The Marshall Project Tools, Resources, and Recommendations



Questions or comments? Contact Anna Flagg at aflagg@themarshallproject.org and Michelle Billman at mbillman@themarshallproject.org.

Irene McKisson, Arizona Luminaria, Research and Reporting


Reporting links


Questions or comments? Contact Irene McKisson at imckisson@azluminaria.org

Jennifer Murty, Ocala Gazette, Research and Reporting


Reporting links


Questions or comments? Reach out to Jennifer Murty at jennifer@ocalagazette.com

Brandi Swicegood, Sunlight Research Center, Research and Reporting


Reporting links


Questions or comments? Email Brandi Swicegood at brandi@sunlightresearch.net.

Some Takeaways from the session


Follow the story where it leads.

Some of the most powerful investigations start by accident. A reporter noticing something strange, maybe a spike in mental health crises, a string of homelessness cases, or a sudden silence from a usually busy press office, and starts asking why. Those little patterns can lead to much bigger revelations, like uncovering in-custody deaths. Stay open. Sometimes a single unexpected detail will send you in an entirely new direction or expose deeper failures you didn’t know existed.


Get creative with public records.

If there’s no official federal database, you can still piece the story together. Autopsies, incident reports, and surveillance or body cam footage can tell you one part. Jail housing logs, movement records, and inmate classifications can tell you another. Grievances, disciplinary notes, and medical or commissary logs can help to fill in the gaps.


Compare what you get from different agencies—say, the sheriff’s office, the medical examiner, state investigators, and prosecutors. The contradictions can be telling. Don’t forget compliance reports from jail healthcare providers or use-of-force documents, even when a death has been labeled “natural.” Sometimes that’s where key information is hiding.


Lawsuits and legal strategy can open locked doors.

Some records only come out after a legal fight. Public records lawsuits have pried loose surveillance video that shattered official accounts (like the man who was tased 27 times), internal memos, financial statements, and evidence of denied medical care.


If you can show the public has a real stake in the truth, courts are more likely to side with you. Groups like ProJourn.org can connect you with pro bono legal help and advice on staying safe.


Healthcare neglect is often a root cause.

Incarcerated people not getting the care they need can lead to a lot of jail deaths. That could be untreated withdrawal, suicide, or a medical emergency that never got to a hospital. Privatized contractors often cut corners by slashing ER visits or ending internal audits altogether. Watch for patterns in healthcare records and service delivery. They can point straight to systemic neglect.


Community, whistleblowers, and collaboration are essential.

Families are often the first to know when something’s wrong. They may share documents, timelines, or their own investigation notes when officials refuse to talk. Whistleblowers, including nurses, officers, or former staff, can bring you hidden audits or internal warnings.


Making a public call for help, like the Ocala Gazette did, can spark an influx of tips, records, and community support. Partnering with civil rights lawyers, nonprofit watchdogs, and oversight agencies (like Disability Rights Florida) makes your reporting stronger and harder to ignore.


Tools, resources, and long-term impact.

The Marshall Project’s Investigate This series offers guides, curated datasets, and expert contacts on topics like deaths in custody, book bans, and FOIA strategies. The Project on Government Oversight (POGO) tracks state compliance with the Death in Custody Reporting Act.


Look at staffing, too. High turnover can mean higher death rates. In Texas, that link helped push new laws. Real impact takes time, but it happens. Past reporting has led to fewer deaths, new oversight, and criminal investigations.


Prepare for pushback.

It’s not unusual for officials to retaliate, cutting journalists off press lists, firing whistleblowers, denying everything on record, and finding other ways to push back . Especially in small or rural communities, you’ll need to think ahead about team safety, legal risk, and how to keep your reporting alive under pressure.


🚨 These Tip Sheets are incredible resources, best used in conjunction with their live, hands-on workshop session component. Watch the recording here.


Questions or comments about Sunlight's workshops and resources? Contact Elizabeth at elizabeth@sunlightresearch.net.

bottom of page