Jail &
Prison Deaths
CALIFORNIA CIVIL RIGHTS ATTORNEY
Your Loved One Died in Custody.
The Government Should Be Held Accountable.
If your family member died in a California jail or prison due to negligence, medical failure, or abuse, you may have a civil rights claim. Gastélum Law fights for families — and we don’t get paid unless you win.
FREE CONFIDENTIAL CONSULTATION
IN-CUSTODY DEATHS
When the Government Fails the People in Its Care
When a person is booked into a California jail or prison, the government takes on a legal and constitutional duty to protect them. That duty does not disappear because of what they were charged with. It does not matter whether they were awaiting trial or serving a sentence.
When jails fail to provide mental health care, medical treatment, or protection from violence — and someone dies as a result — that failure is not just a tragedy. It is a civil rights violation.
At Gastélum Law, Attorney Denisse O. Gastélum has built her practice on fighting for families in exactly these situations. We understand the grief, the anger, and the unanswered questions that follow an in-custody death. And we know how to investigate, build, and win these cases.
Time Is Critical
In California, you have just 6 months from the date of your loved one’s death to file a Government Tort Claim against the responsible agency. Missing this deadline can permanently end your right to sue.
Do not wait. Contact Gastélum Law today for a free, confidential consultation.
Types of Cases
In-Custody Death Cases We Handle
Jail
Suicide
Failure to monitor, screen, or provide psychiatric care to inmates at known risk of self-harm.
Denial of
Medical Care
Withholding or delaying treatment for serious medical conditions, leading to preventable death.
Drug Overdose
in Custody
Failure to provide medical detox or monitor withdrawal symptoms for inmates with substance dependency.
Inmate-on-Inmate
Violence
Housing vulnerable individuals near known violent inmates, resulting in fatal assault.
Excessive Force
by Staff
Use of unlawful physical force by correctional officers or custody staff causing death.
Failure to Provide
Psychiatric Medication
Denying prescribed mental health medications leading to crisis, decompensation, and death.
Case Results
Fighting for Families — and Winning
$7M
Civil Rights · Brain Injury
Historic settlement on behalf the family of a man who suffered a brain injury at a county jail following an attack by a known violent inmate
$5.5M
Civil Rights · Jail Suicide
Historic settlement on behalf the family of a man who died by suicide at a county jail
$4M
Wrongful Death · Premises Liability
Settlement on behalf of a family whose son was crushed to death by a 50-ton front loader at a recycling yard
*Results described do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every case is different.
How We Work
What Happens After You Call
1
Free Consultation
We listen to what happened and give you an honest evaluation of your case — at no cost to you.
2
Investigation
We gather records, request footage, obtain an independent autopsy if needed, and build the evidentiary foundation.
3
Government Claim Filing
We file the required Government Tort Claim within California’s strict 6-month deadline to preserve your rights.
4
Litigation
We take your case to court and fight — with the full resources of an experienced civil rights litigation firm.
5
Justice
We pursue maximum compensation for your family’s loss and, where possible, systemic change.
Your Attorney
Denisse O. Gastélum, Esq.
Denisse O. Gastélum is an experienced civil rights litigator who has dedicated her career to fighting for victims of government misconduct — including families who have lost loved ones in California jails and prisons.
She brings a unique perspective: before representing plaintiffs, she worked on the defense side, giving her an inside understanding of how government agencies build their cases — and how to dismantle them.
– Experienced civil rights litigator with a track record against government agencies
– Lead litigator inTrejo v. County of Imperial— historic in-custody death settlement establishing Monell liability against a county sheriff’s office
– Multiple-year Southern California Super Lawyer — only 5% of attorneys receive this distinction
– Recipient of the Luminaria Award — Latina Lawyers Bar Association
– Multiple-year Southern California Super Lawyer — only 5% of attorneys receive this distinction
– Recipient of the Street Fighter of the Year Award — Consumer Attorneys of California
– Bilingual — full legal services in English and Spanish
– Contingency fee — no payment unless we win your case
Your Family Deserves Answers.
A free, confidential consultation costs you nothing. The call you make today could be the most important step toward justice for your loved one.
(213) 340-6112
Available in English and Spanish · Hablamos Español
Common Questions
Frequently Asked Questions
Yes. If your loved one died in custody due to neglect, failure to provide medical or psychiatric care, or abuse by staff, you may have a federal civil rights claim under 42 U.S.C. § 1983 and/or a state wrongful death claim. Contact Gastélum Law immediately — the deadline to act is just 6 months from the date of death.
You must file a Government Tort Claim with the responsible agency within 6 months of the date of death. Missing this deadline can permanently bar your case, regardless of its merits. Federal civil rights claims under § 1983 have a 2-year statute of limitations, but the 6-month state deadline is often the binding constraint. Do not wait.
Nothing upfront. We handle in-custody death cases on a contingency fee basis — meaning we only get paid if we win your case. There is no financial barrier to getting started. Call us for a free, confidential consultation.
A finding of suicide does not end the legal inquiry — it may be the beginning of it. If the jail failed to screen your loved one for suicide risk, failed to monitor them, or failed to provide psychiatric care despite a known risk, the government may still be liable. Gastélum Law has successfully represented families in multiple jail suicide cases.
Yes. Gastélum Law handles in-custody death cases throughout California, including LA County, Orange County, San Bernardino County, Riverside County, and beyond.
Free Consultation
Tell Us What Happened
The first step toward justice is a private conversation. Contact us today — there is no cost and no obligation.
100% Confidential.
Everything you share is protected by attorney-client privilege and will never be shared.
No Fee Unless We Win.
You owe us nothing unless we recover compensation for you.
Speak to a Real Attorney.
An attorney — not intake staff — will personally review your situation.
Hablamos Español.
Full legal services available in Spanish for our Spanish-speaking families.
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