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Riverside County $1.8 Million Settlement, John Leo Hemmer Jail Death Lawsuit, What We Know and What Is Confirmed

Riverside County, California, has reportedly agreed to pay $1.8 million to settle a federal wrongful-death and civil-rights lawsuit brought by the family of John Leo Hemmer, a 48-year-old man killed by his cellmate at the John Benoit Detention Center in Indio in July 2021. The family alleged that Riverside County sheriff’s personnel failed to protect Hemmer from a cellmate with a history of violence. The county did not admit wrongdoing.

Important verification note: The $1.8 million figure and the claim that the Board of Supervisors approved the settlement on September 1, 2026 come from a news report dated November 1, 2026. Riverside County’s public September 1 Statement of Proceedings lists the Hemmer case as a closed-session litigation item but records “no reportable action” and does not publish the amount or an approval. We could not locate the settlement agreement or a federal dismissal filing. Treat the amount as reported, not independently confirmed.

This is an individual wrongful-death settlement, not a class action. There is no claim form, settlement administrator or payment deadline. Other jail inmates and their families cannot claim from this settlement.

Quick Facts: Riverside County Jail Death Settlement

DetailInformation
Settlement amount$1,800,000 (reported by news; not confirmed in public county records)
CountyRiverside County, California
DeceasedJohn Leo Hemmer, age 48
Date of deathJuly 21, 2021
FacilityJohn Benoit Detention Center, Indio
Cellmate chargedLuke Hanchette (charged with murder; pleaded not guilty)
Alleged weaponMetal crutch
CaseJonas Hemmer, et al. v. County of Riverside, Sheriff Chad Bianco, et al.
Case number5:22-cv-01247-SSS (SPx)
CourtU.S. District Court, Central District of California
Presiding judgeJudge Sunshine Suzanne Sykes
PlaintiffsJonas Hemmer, Linda Hemmer, Dennis Hemmer and minor J.H. (through guardian ad litem Julie Hemmer)
Reported Board actionSeptember 1, 2026 (not confirmed in public county record)
Admission of liabilityNone
Type of caseIndividual wrongful death and civil rights; not a class action
Claim formNone

What Happened to John Leo Hemmer?

Hemmer, a man from South Dakota, was held at the John Benoit Detention Center in Indio awaiting trial on charges from a 2019 case. A pretrial detainee has not been convicted, and the charges against him were allegations only. On July 21, 2021, jail personnel found him unresponsive during a cell check at about 7:40 a.m. He had suffered serious injuries and was pronounced dead after emergency efforts failed.

His cellmate, Luke Hanchette, was charged with murder, and prosecutors alleged he used a metal crutch. Hanchette pleaded not guilty in July 2021. A criminal charge is not a conviction. Reporting indicates Hanchette was later found dead in a different Riverside County jail on December 13, 2023, with the cause not publicly disclosed because of a court order, so the criminal case did not reach a verdict.

What the Family Alleged

The family’s lawsuit alleged, among other things, that:

  • Hanchette was known to jail staff as violent and unpredictable, with prior battery convictions and a pending battery charge
  • Deputies failed to conduct adequate cell checks, including allegedly going more than two hours without checking the cell on the morning of the death
  • Hanchette was allowed to bully and assault Hemmer beforehand
  • Surveillance cameras were malfunctioning
  • County policies on inmate classification, supervision, safety checks and equipment maintenance were inadequate

These are the family’s allegations, not findings made after a trial. The county and individual defendants denied them.

Who Was Sued?

The court record identifies these defendants: the County of Riverside; Sheriff Chad Bianco; Sergeant Ashley Rodriguez; Deputies Jonathan McKeithen, Cody Brand, James Parks and Laura Valdez. Being named in a lawsuit is not a finding of fault.

The Law Behind the Lawsuit

42 U.S.C. § 1983

Section 1983 lets people sue when someone acting under government authority violates rights protected by the U.S. Constitution or federal law. A death in custody does not automatically create liability.

Which Constitutional Standard Applies?

  • Pretrial detainees (people held before trial, as Hemmer was) are protected by the Fourteenth Amendment Due Process Clause. In the Ninth Circuit, which covers California, failure-to-protect claims by pretrial detainees are judged under an objective deliberate indifference standard. See Castro v. County of Los Angeles, 833 F.3d 1060 (9th Cir. 2016) (en banc), and Gordon v. County of Orange, 888 F.3d 1118 (9th Cir. 2018). A plaintiff generally must show the officer made an intentional decision that put the detainee at substantial risk of serious harm, did not take reasonable available measures to reduce the risk, and that the failure caused the injury.
  • Convicted prisoners are protected by the Eighth Amendment, which requires proof of actual subjective awareness of a substantial risk. See Farmer v. Brennan, 511 U.S. 825 (1994).

Municipal Liability (Monell)

To hold a county liable under § 1983, plaintiffs generally must show the violation resulted from an official policy, a longstanding custom, a failure to train or supervise amounting to deliberate indifference, or a decision by a final policymaker. See Monell v. Department of Social Services, 436 U.S. 658 (1978). That is why jail death cases often examine staffing, supervision, training, classification procedures and maintenance, not only one deputy’s conduct.

Wrongful Death and Related State Law

California’s wrongful death statute is Cal. Code Civ. Proc. § 377.60 and identifies who may sue. Federal civil-rights plaintiffs who prevail may also seek attorney fees under 42 U.S.C. § 1988. Because the settlement avoids a trial, no court determined whether Riverside County or its employees violated Hemmer’s constitutional rights.

Settlement Approval, Closed Sessions and Minors

  • Board closed sessions. California’s Ralph M. Brown Act allows a local legislative body to meet in closed session to discuss pending litigation (Cal. Gov. Code § 54956.9) and generally requires the body to publicly report certain actions taken in closed session, such as final approval of a settlement, once it is final (Cal. Gov. Code § 54957.1). This is why the public record may be sparse until an agreement is finalized.
  • Minor plaintiff. One plaintiff, J.H., is a minor. Under Federal Rule of Civil Procedure 17(c) and the Central District’s local rules, a settlement involving a minor ordinarily requires court approval, which usually results in a public filing. The absence of one in the records reviewed is part of why the settlement remains unconfirmed.
Riverside County $1.8 Million Settlement, John Leo Hemmer Jail Death Lawsuit, What We Know and What Is Confirmed

Did Riverside County Officially Approve the $1.8 Million Settlement?

SourceWhat it says
News report (Nov. 1, 2026)Board approved a $1.8 million settlement on Sept. 1, 2026
County Statement of Proceedings (Sept. 1, 2026)Lists the Hemmer case as closed-session existing litigation (item 31300); County Counsel reported “NO REPORTABLE ACTION”; no amount published
Federal docketConfirms the case and its identity; a settlement agreement and dismissal were not located in records reviewed

This does not mean no settlement exists. Settlements can be finalized later or through other processes. It means the public record reviewed does not independently confirm the amount or approval date. Readers should treat $1.8 million as the reported figure.

What Does the Settlement Mean for Other Families?

It resolves one family’s lawsuit. It does not create compensation rights for others and does not establish that Riverside County is liable in any other case. Each case turns on its own facts.

If You Believe a Relative Was Harmed in Riverside County Custody

  • Preserve records: medical records, death certificate, autopsy and coroner records, incident reports, jail communications, witness names and correspondence with the Sheriff’s Department.
  • Consider public-records requests under the California Public Records Act, knowing that investigative and confidentiality exemptions may apply.
  • Talk to a qualified California attorney promptly. Claims against public entities can be subject to special rules and short deadlines.
  • Know the deadlines. Under the California Government Claims Act, a claim for death or personal injury against a public entity must generally be presented to the entity within six months of the incident (Cal. Gov. Code §§ 905, 911.2), and a late-claim application has its own short deadline. Section 1983 claims in California generally borrow the state’s two-year personal injury limitations period (Cal. Code Civ. Proc. § 335.1). Exceptions and tolling can apply, particularly for minors. Another family’s lawsuit does not automatically protect your rights.

Taxes

Tax treatment of wrongful-death settlements depends on how the payment is characterized. Some compensation for physical injury is excluded from income under Internal Revenue Code § 104(a)(2), but allocation matters. Consult a tax professional.

California Attorney General’s Investigation

On February 23, 2023, California Attorney General Rob Bonta announced a civil-rights investigation into the Riverside County Sheriff’s Office. It examines whether the office engaged in a pattern or practice of unconstitutional policing, including conditions of confinement in county jails, excessive force and in-custody deaths. The Attorney General’s Office said it had not made determinations about specific complaints or overall practices. That investigation is separate from the Hemmer family’s lawsuit.

Civil Grand Jury Report on Jail Deaths

On May 7, 2026, the Riverside County Civil Grand Jury published its jail deaths and oversight report after visiting five county jails. It identified deficiencies in intake screening, staffing, access to medical and mental-health care, supervision, documentation and emergency response. It found the county had no independent civilian oversight body with defined investigative powers and recommended creating one plus an outside audit of jail operations and in-custody death procedures. Some reports have also described the Board of Supervisors forming an ad hoc committee to study oversight options. These are system-wide findings and do not establish what caused Hemmer’s death in 2021.

California SB 1379

According to the sources reviewed, Governor Gavin Newsom signed Senate Bill 1379 on September 30, 2026. It requires Riverside County to separate the Sheriff and Coroner offices by July 1, 2027, and establish an independent medical examiner’s office. It also sets transparency requirements for in-custody deaths and serious incidents, including publication of initial incident reports within 24 hours, preliminary reports within 72 hours, centralized death information, and notice to next of kin about the cause of death once determined. SB 1379 does not reopen the Hemmer lawsuit or alter the reported amount.

How the Case Compares With Other Custody and Civil-Rights Cases

The Hemmer case sits alongside other individual custody and civil-rights cases AllAboutLawyer has covered, including a Dallas County jail death settlement, a Reno wrongful-detention lawsuit and the Ashli Babbitt wrongful-death settlement. These involve different facts, defendants and legal issues, and one settlement does not establish liability in another.

Key Dates

DateEvent
July 21, 2021Hemmer dies at John Benoit Detention Center
July 22, 2021Sheriff’s Department identifies Hanchette as a suspect
July 23, 2021Hanchette pleads not guilty to murder
2022Federal lawsuit, No. 5:22-cv-01247, filed (reports say July 2022)
Feb. 23, 2023California Attorney General announces civil-rights investigation of the Sheriff’s Office
Dec. 13, 2023Hanchette reported found dead in another county jail
Apr. 24, 2024Federal court enters stipulated protective order in the Hemmer case
May 7, 2026Riverside County Civil Grand Jury publishes jail deaths and oversight report
Sept. 1, 2026Hemmer case on Board closed-session agenda; county record shows no reportable action; news reports Board approval
Sept. 30, 2026SB 1379 signed
Nov. 1, 2026News report of $1.8 million settlement
July 1, 2027SB 1379 deadline to separate Sheriff and Coroner offices

Frequently Asked Questions

Is the $1.8 million settlement confirmed?

 It is reported by news media. The county’s public September 1 record does not confirm the amount or an approval.

Is there a class action or claim form? 

No. This is an individual family lawsuit.

Did the county admit wrongdoing?

 No. The county did not admit liability, and no court found it liable.

Was Hanchette convicted? 

No. He pleaded not guilty and was reported found dead in December 2023 before a verdict.

Can other families benefit? 

Not from this settlement. They may consult an attorney about their own claims.

What deadlines apply to claims against a county?

Short deadlines can apply, such as a six-month government claim requirement in California in many death and injury cases. Speak with an attorney quickly.

Disclaimer

AllAboutLawyer.com is a consumer legal information resource and is not a law firm. This article provides general legal information, not legal advice, and does not create an attorney-client relationship. The $1.8 million amount is attributed to published news reporting and has not been independently confirmed in the public county records reviewed. The allegations in the Hemmer family’s lawsuit are not findings of liability, and a criminal charge is not a conviction. Legal deadlines vary by claim and circumstance, so consult a licensed California attorney about your situation. If you or someone you know has a concern about safety in a jail, contact the appropriate oversight agency or an attorney.

About the Author

Israr Ahmad is a Legal Content Researcher at AllAboutLawyer.com. This report was prepared using Riverside County proceedings, federal court records, California Department of Justice information, state legislation, public oversight reports and published news coverage. Last updated November 2, 2026.

Sources and Verification Notes

The case name, number and closed-session listing were checked against Riverside County’s September 1, 2026 Statement of Proceedings and a copy of the federal court’s April 24, 2024 protective order. Incident details are attributed to contemporaneous reporting based on Sheriff’s Department information and criminal proceedings. The settlement amount comes from the November 1, 2026 news report. Before presenting the payment as confirmed, obtain the settlement agreement, the county payment authorization or a federal dismissal filing. The legal citations and the filing-deadline and tax statements come from general legal knowledge and should be verified by counsel before reliance. SB 1379 details are as described in the sources reviewed and should be confirmed against the enrolled bill text.

Primary and official sources

  1. Riverside County Board of Supervisors, September 1, 2026 Statement of Proceedings: https://media.rivcocob.org/proceeds/2026/p2026_09_01.htm
  2. U.S. District Court, Central District of California (docket access, case 5:22-cv-01247): https://www.cacd.uscourts.gov
  3. 42 U.S.C. § 1983: https://www.law.cornell.edu/uscode/text/42/1983.html
  4. California Attorney General, Riverside County Sheriff’s Office investigation announcement (Feb. 23, 2023): https://oag.ca.gov/node/563511
  5. Riverside County Civil Grand Jury, Jail Deaths and Oversight Report: https://civilgrandjury.org/reports/56a2e917-c7fd-4ec6-a90c-a31cc66ec32b?lang=en-US
  6. California SB 1379: https://www.calege.com/bill/SB-1379

Cases and laws referenced

  • Monell v. Department of Social Services, 436 U.S. 658 (1978)
  • Farmer v. Brennan, 511 U.S. 825 (1994)
  • Castro v. County of Los Angeles, 833 F.3d 1060 (9th Cir. 2016) (en banc)
  • Gordon v. County of Orange, 888 F.3d 1118 (9th Cir. 2018)
  • 42 U.S.C. § 1988
  • Cal. Code Civ. Proc. §§ 335.1, 377.60
  • Cal. Gov. Code §§ 905, 911.2, 54956.9, 54957.1
  • Federal Rule of Civil Procedure 17(c)
  • Internal Revenue Code § 104(a)(2)

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About the Author

Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.

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