A federal judge last week dismissed the claims against an Avon police sergeant who transported a suicidal man to the Eagle County jail, as part of a broader lawsuit over the man’s death in custody.

The lawsuit, brought by the surviving father of Ian David Lockhart, described multiple occasions in the first months of 2023 in which Lockhart was treated for suicidality. Lockhart repeatedly told law enforcement and medical personnel that he wanted to die, including through “suicide by cop.”

On April 6, Avon Police Sgt. Balmore Herrera responded to a disturbance call involving Lockhart. According to Herrera’s written report, Lockhart wanted to go to the hospital and wished to die by suicide.

“I explained to Ian that the jail would be able to provide him with resources,” Herrera wrote. He elaborated that Lockhart was emotional and violent on the ride to the jail and reiterated his desire to kill himself. Lockhart allegedly was aggressive upon arrival at the jail and “continually made suicidal statements.”

“I filled out the pre-booking questionnaire, one of the questions was regarding suicidal statements made by the arrestee,” Herrera wrote. “I checked yes on that portion of the form and advised Jail Deputies that Ian had threatened to hang himself once inside the jail. I was advised by the Jail Deputies that they would take note of that, and that Ian also made similar statements to them. I transferred custody of Ian” to the jail deputies.

The jail placed Lockhart on suicide protocols and he spoke repeatedly with mental health providers. Several days later, he made a noose out of his bedsheet, which jail staff did not notice at the time or discover afterward. On April 13, Lockhart died by hanging himself.

The lawsuit from Lockhart’s father lodged claims against the elected sheriff, multiple law enforcement officers and Eagle County. The suit alleged Herrera was deliberately indifferent to Lockhart’s serious medical needs and exhibited “willful and wanton disregard” for his safety.

“Defendant Herrera made a unilateral, deliberate decision to transport Decedent to (the jail) instead of a mental health facility on April 6, 2023, despite decedent’s multiple express suicidal ideations directly to Defendant Herrera,” wrote the plaintiff’s attorneys.

Herrera’s lawyers countered such a theory was “unprecedented.”

“Sgt. Herrera informed Ian that medical care would be available at the jail. Sgt. Herrera followed through with that information and noted on the intake form that Ian had made suicidal statements,” they wrote. “Beyond this, Plaintiffs allege that Sgt. Herrera went even further — having direct conversations with individuals at the jail as to Ian’s statements.”

In a Feb. 28 order, U.S. District Court Chief Judge Philip A. Brimmer noted that the lawsuit against Herrera was in his “official capacity,” meaning the claims were against the government itself — in this instance, the town of Avon. Brimmer found no allegations of any town policies that would have contributed to Lockhart’s death.

Assuming Herrera was being held liable individually, Brimmer continued, he had not violated any clearly established right of Lockhart’s.

“Plaintiffs have not identified, nor is the Court aware of, any cases holding that an arresting officer violates an arrestee’s rights when the arresting officer is aware of that arrestee’s serious mental-health needs, knows that the jail provides mental-health treatment, and informs the jail of the arrestee’s need for such services,” Brimmer wrote.

In fact, he added, the U.S. Court of Appeals for the 10th Circuit in another case out of Eagle County had not found a clear violation “in the more problematic context of an arresting officer who is aware of an arrestee’s serious mental-health needs, but does not inform the jail of these needs.”

The case is Estate of Lockhart et al. v. Van Beek et al.

If you or someone you know is experiencing suicidal thoughts or a crisis, call 844-493-TALK (8255) or text “TALK” to 38255 or call or text 988.