SAN DIEGO — More than 200 people are suspected to have overdosed in San Diego County jails in 2022.
Joshua Fosbinder was one of them.
In September 2022, Fosbinder overdosed on fentanyl in his cell. Toxicology reports later showed Fosbinder, as well as his cellmates who also overdosed, had Fentanyl and other substances in their systems.
Fosbinder's father, Rodger Fosbinder, is now suing San Diego County and says his death could have been prevented.
The lawsuit is just one of dozens of jail death lawsuits that parents and family members have served on the County of San Diego and could potentially add to the more than $42 million that county taxpayers have paid in wrongful death lawsuits inside county jails since 2016.
However, Fosbinder's case highlights what is a growing concern inside county lockups; contraband and overdoses inside San Diego County Jails.
In November 2023, in response to overdoses and contraband seized inside jails, the County Law Enforcement Review Board, CLERB, which oversees all law enforcement in San Diego County, recommended deputies be screened for drugs as they enter detention facilities.
However, Sheriff Kelly Martinez rejected these suggestions, in November 2023 saying they've already developed a strategy to "plug the gaps in our security that might enter our facilities."
The Detention of Joshua Fosbinder
Fosbinder was awaiting trial in San Diego Central Jail after he was arrested on June 11, 2022. He was high on "unknown controlled substances" and admitted to using meth daily for seven months with the occasional bit of heroin and fentanyl, according to court documents.
He was placed in a sober cell for one day, the documents show.
The suit also claims Fosfinder struggled with mental health issues throughout his life.
He and his father Rodger Fosbinder had a complicated relationship due to Joshua's mental health struggles and substance abuse. But it was improving, and according to Rodger Fosbinder's lawsuit, the father and son were going to work together to help Joshua get sober.
In addition to an ugly fight with substance abuse, Fosbinder was diagnosed with schizophrenia and suffered from suicidal ideation.
As he awaited sentencing, Fosbinder told jail staff he was depressed and bipolar. Despite this, the lawsuit alleges that Fosbinder was not placed into "housing with enhanced observation" that could have helped protect him from self-harm.
Despite telling officials he wanted to commit "suicide by cop" and "wanted to be shot", court documents say Fosbinder was placed into general population housing.
He was marked as a high risk for suicide.
Fosbinder and his cellmate were found unconscious in their shared cell on September 18, 2022. He was unresponsive to Narcan and was rushed to the hospital, along with several others. Rodger Fosbinder's lawsuit alleges that deputy inspections that day were "untimely and inadequate" and he died due to the delayed medical care.
He died three days later from fentanyl overdose.
Kimberly Trimble with Singleton Schreiber represents the Fosbinder family in their lawsuit against the County of San Diego.
Trimble says Rodger Fosbinder looks to hold the Sheriff's Department accountable and help ensure that other families do not have to experience what they and so many others have.
"There has been ample evidence of the ongoing failure of the San Diego Sheriff’s Department to keep dangerous drugs out of their detention facilities," said Trimble on behalf of her client. "Without adequate explanation, the Sheriff's Department has refused to adopt a common-sense policy of screening its employees entering those facilities, despite numerous and repeated recommendations by CLERB and the County grand jury to do so. The Sheriff’s Department’s refusal to make this simple yet meaningful change in policy is a disservice to both the individuals in their care and their families."
CBS 8 reached out to San Diego Sheriff's Department, but a spokesperson said they do not comment on pending litigation.
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