Attorney: jail suicide lawsuit settled for $450,000

Lea este artículo en español aquí.

A settlement has been reached between San Benito County and plaintiff Rosario Herrera in a lawsuit stemming from her son Jessie Barrientos’ death by suicide at the San Benito County Jail in 2022, according to her attorney.

Herrera’s attorney Jeffrey Walker said the settlement is for $450,000 in exchange for dismissing the federal lawsuit.

“This case shows that, at least here in California, the promises made in the Constitution are still meaningful. We here still believe that the rights of all people, even those in jail, have real value,” he said. “Of course, when a mother loses her son, there is nothing that will ever make it truly right. The best we can do under our system of justice is to get financial compensation for the loss. In that way, this settlement is deeply meaningful.”

Although the county Board of Supervisors discussed the matter in closed session on Sept. 23, a final agreement was not announced. 

Neither San Benito County Administrative Officer Esperanza Colio Warren or County Counsel Gregory Priamos have responded to multiple requests for comment.

According to a court document notifying the court of the decision, the parties “reached an agreement in principle” on Aug. 27, but the filing does not provide details of the settlement.

“The settlement is contingent and subject to approval by the San Benito County Board of Supervisors, and other legislative boards,” the document states. It was filed Aug. 28.

After the supervisors discussed the lawsuit during closed session earlier this week. County Counsel Gregory Priamos reported that the board had provided direction regarding all items discussed in closed session, but that there was no reportable action on the item. 

According to the document, the settlement requires Herrera to dismiss the lawsuit within five court days of “satisfaction of the terms.” She would be ineligible to re-file in the future.

Walker had declined to comment prior to the county’s meeting because it was “a sensitive time of the litigation.” Following the supervisors’ meeting, he said he still needed time to collect his thoughts as he is in the final stages of a trial. 

Priamos also did not immediately respond to BenitoLink’s request for comment.

Herrera filed the lawsuit in 2024 alleging that her son’s death was a result of the jail being understaffed. Sheriff Eric Taylor has publicly complained about jail understaffing; in addition, various San Benito County Civil Grand Jury reports have found it to be understaffed, requiring the use of mandatory overtime from staff to cover shifts. 

In response, the county claimed the jail was appropriately staffed during Barrientos’ incarceration period. The county also claimed Barrientos received competent and continuous medical and mental health care.

We need your help. Support local, nonprofit news! BenitoLink is a nonprofit news website that reports on San Benito County. Our team is committed to this community and providing essential, accurate information to our fellow residents. Producing local news is expensive, and community support keeps the news flowing. Please consider supporting BenitoLink, San Benito County’s public service nonprofit news.