SACRAMENTO - Joyce Syers, as successor in interest for Sherman Herbert Silva, deceased, filed a federal lawsuit on Nov. 15 in the Eastern District of California against the County of Butte and Sheriff' Korey L. Honea for damages for wrongful death.
The lawsuit alleges violation of 42 U.S.C 1983, violation of the Americans with Disabilities Act and Rehabilitation Act, violation of the California Civil Code 52.1 - Bane Act, negligence and breach of mandatory duties.
According to the complaint, Silva was an inmate at the Butte County Jail on March 7, 2021, after being arrested on a parole violation while acting out due to mental illness. Another inmate had been arrested for driving under the influence of alcohol and was booked at the same as Silva.
The inmate attacked Silva, causing his death while both were detained, the suit says. Syers alleges it is at the fault of the jail knowing that booking the two together could result in violence due to Silva's history of mental illness and the attacker's level of intoxication.
Syers seeks general and compensatory damages, special damages, exemplary damages, statutory damages, cost of suit, attorney's fees and a multiplier. Syers is represented by T. Kenndy Helm, IV.
District Court of Eastern California case number 2:21-cv-02119-JAM-DMC