Santa Clara County Jail Sued for Negligence in Overdose Death: Know Your Rights

The opioid crisis continues to grip the nation, and its impact is felt even within the walls of correctional facilities. In a recent instance, the family of an individual who died of an overdose while incarcerated in the Santa Clara County Jail has filed a lawsuit alleging negligence. This case highlights the critical duty of care that jails and prisons owe to those in their custody. If you or a loved one has been affected by a similar situation, it’s essential to understand your rights and the potential legal avenues available.

Overdose Deaths in Custody: A Growing Concern

Drug overdose deaths in correctional facilities are a disturbing trend. In California, the number of inmates treated for drug or alcohol overdoses nearly doubled between 2015 and 2018. Unfortunately, deaths related to drug use are also on the rise in California prisons. Fentanyl, a particularly potent synthetic opioid, is a major contributor to this crisis, finding its way into correctional facilities through various means.

Recent Lawsuit Against Santa Clara County Jail

In August 2025, James and Bonnie Gay filed a civil rights lawsuit in the Northern District of California against Santa Clara County, alleging that their 33-year-old son, Brandon Gay, died as a result of negligence by staff at the Elmwood Correctional Facility. Gay was arrested and booked into the Santa Clara County Main Jail on November 15, 2024, on drug-related charges. He tested positive for amphetamines, benzodiazepines, and fentanyl during a medical screening with county personnel, according to the complaint. Gay told medical staff that he used fentanyl and Xanax the day before his arrest, and that he sometimes experienced seizures when “coming down from Xanax,” the complaint said. Staff cleared him for transport to a correctional facility in Milpitas. A staff doctor ordered well-being checks and opiate withdrawal assessments for Gay, but according to allegations made in the lawsuit, county medical staff “failed to follow this order” for more than a day. Medical staff checked on Gay around 1 p.m. and 5 p.m. Nov. 17, 2024, noting that he was able to move about his cell but “wanted to go back to sleep,” according to the complaint. At 8:48 p.m. the same day, staff found Gay unconscious on the shower-room floor, the complaint alleges. They transported him in a wheelchair to a medical area at the facility, where he reportedly had a faint pulse, shallow breathing and cool skin. Medical personnel administered three doses of Narcan, according to the complaint. County officials said paramedics from the Milpitas Fire Department arrived by 9:08 p.m. and transported Gay to San Jose Regional Medical Center. Gay died at the hospital several days later. The Santa Clara County Medical Examiner’s Office said Gay died from complications of mixed drug toxicity related to methamphetamine, buprenorphine and fentanyl.

Duty of Care: What are the Jail’s Responsibilities?

Correctional facilities have a legal and ethical obligation to provide a safe and humane environment for inmates. This duty of care includes:

Medical Screening and Assessment: Properly screening inmates upon arrival to identify existing medical conditions, including substance use disorders.
Adequate Medical Care: Providing access to necessary medical and mental health treatment, including medication and monitoring for withdrawal symptoms.
Prevention of Contraband: Taking reasonable measures to prevent drugs and other contraband from entering the facility.
Supervision and Monitoring: Regularly monitoring inmates, especially those with known medical or mental health issues.
Emergency Response: Having protocols in place to respond quickly and effectively to medical emergencies, such as overdoses, including administering Naloxone (Narcan) and seeking further medical assistance.

Negligence in Jail Settings: What Does It Look Like?

Negligence occurs when a correctional facility or its staff fails to meet the expected standard of care, resulting in harm to an inmate. In the context of overdose deaths, negligence may involve:

Failure to properly screen inmates for drug use or withdrawal risks.
Delay or denial of necessary medical treatment.
Inadequate supervision of inmates at risk of overdose.
Failure to prevent the introduction of drugs into the jail.
Lack of proper training for staff in recognizing and responding to overdoses.

Legal Rights and Options

If an inmate dies or suffers serious harm due to negligence in a correctional facility, their family may have grounds to file a lawsuit. Potential legal claims include:

Wrongful Death: A civil action seeking damages for the loss of a loved one due to negligence.
Personal Injury: A claim for damages resulting from injuries caused by negligence.
Civil Rights Violations: Lawsuits alleging violations of an inmate’s constitutional rights, such as the right to adequate medical care and protection from cruel and unusual punishment under the Eighth and Fourteenth Amendments.

What to Do If You Suspect Negligence

If you believe that the overdose death of a loved one in the Santa Clara County Jail or any other correctional facility was due to negligence, consider the following steps:

Gather Information: Collect all available information about the circumstances surrounding the death, including medical records, incident reports, and any communication with jail staff.
Seek Legal Consultation: Contact a qualified attorney experienced in civil rights and personal injury litigation. An attorney can evaluate your case, advise you on your legal options, and help you navigate the complex legal process.
Preserve Evidence: Take steps to preserve any potential evidence, such as photographs, documents, and witness statements.
File a Claim: Your attorney can help you file a formal claim against the responsible parties, which may include the county, the jail administration, and individual staff members.

Recent Cases and Settlements in Santa Clara County

Santa Clara County has faced scrutiny and legal action regarding the conditions and care within its jails.

Settlements for Negligence: In recent years, Santa Clara County has paid millions of dollars to settle cases involving negligence and misconduct in its jails. These settlements highlight the importance of accountability and the potential for legal recourse when inmates are harmed due to inadequate care.
Jail Reform Efforts: In response to lawsuits and concerns about inmate safety, Santa Clara County has implemented various jail reform initiatives. These reforms aim to improve medical and mental health care, reduce the use of force, and enhance oversight of jail operations.

Resources and Support

Navigating the legal system and dealing with the aftermath of an overdose death can be overwhelming. Here are some resources that may be helpful:

The Law Foundation of Silicon Valley: Provides legal assistance to individuals and families in Santa Clara County, including those with civil rights claims.
Mental Health Advocacy Project (MHAP): Offers free legal help to individuals with mental health disabilities in Santa Clara County, including inmates in the jail.
California Department of Corrections and Rehabilitation (CDCR): Provides information about inmate rights and resources.
California Lawyers for Criminal Justice (CLCJ): Offers resources and support for criminal defense attorneys.
988 Suicide & Crisis Lifeline: If you or someone you know is struggling with suicidal thoughts or substance use, call or text 988 for immediate support.

Conclusion

The lawsuit against Santa Clara County Jail for negligence in an overdose death underscores the critical need for correctional facilities to uphold their duty of care to inmates. If you believe that a loved one’s death in custody was the result of negligence, it is essential to understand your rights and seek legal guidance. By taking action, you can help hold responsible parties accountable and advocate for safer conditions in correctional facilities.