The family of a mentally ill man is suing the Sheriff’s Department and San Diego police, contending he died as a result of injuries he received while in the county jail.

Paul Silva, 39, died on March 28 at UCSD Medical Center. He had been taken there by deputies on Feb. 22, suffering from brain damage and other injuries. His death came less than two days after he had been taken to the jail by San Diego police.

Silva lingered in a coma for nearly five weeks before he was removed from life support by his family, said Eugene Iredale, one of the family’s lawyers. The family filed claims against the county and city on April 13, and plans to pursue a lawsuit in federal court.

At a news conference Tuesday, his mother, Leslie Allen, said she called police to her home the morning of Feb. 20 because her son was outside his mother’s house, yelling and agitated. She said she told the dispatcher her son was a diagnosed schizophrenic who was likely not taking his medication and had been cooperative when police were called in the past.


Allen said she wanted police to take her son to the county mental heath hospital. But a San Diego police officer concluded that Silva was under the influence of methamphetamine, and arrested him — taking him to jail instead of the hospital.

The claim says that Silva didn’t get mental health treatment while in custody. Instead he was assaulted by deputies, Tasered and hit by less-than-lethal water balls. At one point he was wrestled to the ground with such force that his lung collapsed, he suffered a heart attack and eventual brain damage, the claim says.

In a statement Tuesday, a spokeswoman for the Sheriff’s Department said little about the incident other than saying that after Silva was booked on Feb. 20, he “was observed by staff in apparent medical distress” and then taken to the hospital.

Hospital intake records from Feb. 22, provided by Iredale and the family’s other lawyer Jim Frantz, say that Silva was brought to the hospital after becoming agitated in jail because of “suspected stimulant use.” At the time he was admitted, doctors were told he had been Tasered four times in jail.


Allen and Manuel Silva, Paul Silva’s father, both said their son did not use drugs. And toxicology tests performed at the hospital on Feb. 22 show he tested negative for any drugs in his system.

The hospital records also say that Sheriff’s Detective Daniel Murtaugh told doctors that when Silva was booked he admitted to using methamphetamine, as well as being schizophrenic and having diabetes. (His family said he was not diabetic).

Murtaugh told doctors that Silva “began having symptoms of excited delirium” and was to be taken to the hospital. While being handcuffed, however, Murtaugh told doctors Silva became agitated, “throwing himself against walls and floor.”

Deputies used water balls and the Taser — Murtaugh said Silva was Tasered twice— before forcing him to the ground “in a prone position with handcuffs behind his back,” when he stopped breathing.


The Medical Examiner’s office said Tuesday that Silva’s cause of death is still pending. The Sheriff’s Department in a statement said that the death is under investigation.

In an interview, Iredale said the case highlights how the jail mistreats the mentally ill and deputies use excessive force. He faulted the department for not revealing more about the circumstances surrounding the death. While the case is under investigation, he said, no one has contacted Silva’s parents or family members.

“Sunlight is the best disinfectant, and we think this department needs a lot of disinfectant,” Iredale said.

The death was not publicized and was reported to the Citizens Law Enforcement Review Board, which reviews deaths of all inmates in custody. In fact, the death was reported by sheriff’s officials on Tuesday, said CLERB Executive Director Paul Parker.


The claims are against the city for making a false arrest for being under the influence, and the county for not providing adequate care and using excessive force.

The spokeswoman for the Sheriff’s Department cited the litigation and declined to comment on Silva’s death. The City Attorney did not respond to a request for comment.


Twitter: @gregmoran

greg.moran@sduniontribune.com