About This Case:
Thomas DeHerrera died by suicide while in custody at the Huerfano County Detention Center after jail officials allegedly failed to protect him despite knowing he posed a serious and immediate risk of suicide. On November 6, 2024, Mr. DeHerrera attempted to hang himself multiple times, but other detainees intervened and stopped him. He was taken to the hospital, where he was treated for injuries and jail officials were instructed to place him on suicide precautions and obtain a mental health evaluation. When he returned to the detention center, however, officials placed him alone in a cell that the Estate alleges was known to be dangerous and impossible to adequately monitor.
The Estate alleges that Cell H-101 contained a broken cinderblock wall with jagged edges capable of tearing the suicide blanket provided to Mr. DeHerrera. The cell’s broken and hazy windows and a known blind spot also made it difficult for officers to see inside. Despite knowing of Mr. DeHerrera’s recent suicide attempts and the dangers presented by the cell, officers allegedly left him alone for hours and conducted only cursory checks without meaningfully observing his condition or inspecting his suicide-prevention clothing and blanket. They also allegedly failed to arrange the mental health evaluation recommended by the hospital. After spending hours alone in the cell, Mr. DeHerrera used the damaged wall to tear his suicide blanket into strips and ultimately died by suicide on the morning of November 7, 2024.
This case highlights the devastating consequences of failing to protect a person in custody who has demonstrated a known and substantial risk of suicide. The Estate’s lawsuit seeks justice and accountability for the alleged constitutional violations and raises serious concerns about the conditions at the Huerfano County Detention Center and the treatment of detainees experiencing mental health crises.
