Jose Banda Pichardo, a 22-year-old with mental health issues, was arrested on Octiober 27, 2018 and booked into the Imperial County Regional Adult Detention Facility (Imperial County jail) where he reportedly disclosed that he suffered from schizophrenia, bipolar disorder, depression and anxiety, and he was prescribed hydroxyzine pamoate, buspirone, fluoxetine (Prozac) and olanzapine (an antipsychotic) to treat his mental health conditions.
Pichardo’s parents alleged that despite undergoing a preliminary medical and psychological screening at the time of booking into the jail, Pichardo was refused his medication and was placed in general population without any designation regarding his medical condition that would alert correctional officers and jail medical staff that he required monitoring, medical treatment, psychological treatment, and follow-up care. Pichardo’s father brought his son’s medications to the jail but allegedly was told that the jail could not give his son the prescribed medications.
Pichardo allegedly complained to the correctional officers that he was hallucinating and needed his medications but the jail staff failed to arrange for any medical attention, failed to provide any enhanced monitoring or supervision, and failed to alert Behavioral Health Services.
On February 23, 2019, correctional officers found Pichardo in his cell with a sheet around his neck that was tied to the top of this bunk. Resuscitation efforts were ineffective, and his death was ruled a suicide by hanging.
A settlement of the family’s lawsuit was reached in early 2024 that resolved claims agianst all defendants except California Forensic Medical Group/Wellpath (“CFMG”). Imperial County paid $5.5 million.
The original complaint was filed in July 2020 in the United States District Court for the Southern District of California. CMFG was added as a defendant after the initial filing. The complaint alleges violation of the 14th Amendment to the United States Constitution for failure to provide due process for mental health and medical care and treatment for a serious but treatable condition; deprivation of life without due process; failure to adequately train officers; violation of civil rights; negligence; and, wrongful death. The trial against CMFG last fall resulted in a deadlocked jury. The case will be scheduled for retrial.
The California Department of Corrections and Rehabilitation reported that in 2022, 128,209 discrete individuals spent at least one night confined in the California Department of Corrections and Rehabilitation (CDCR). Out of that population, 19 individuals died by suicide during their time in confinement. This was an increase from the previous year of 15 deaths by suicide. The 2022 rate is 19.6 suicides per 100,000 inmates.
If you or a loved one were harmed due to the lack of appropriate medical care while in jail in California or in another U.S. state, you should promptly seek the legal advice of a California jail malpractice lawyer or a jail malpractice lawyer in your state who may investigate your jail malpractice claim for you and represent you or your loved one in a jail malpractice case, if appropriate.
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