James Hirt, of Norco, Died After Being Pepper Sprayed by Correctional Officers at Larry Smith Correctional Facility in Banning
BANNING, CALIFORNIA (December 26, 2024) – A man identified as James Hirt has tragically died after some type of altercation at the Larry Smith Correctional Facility in Banning.
Riverside County officials are saying that the incident took place around 8:45 p.m. on Christmas Day. Correctional officers responded to some type of altercation involving James Hirt and another inmate.
Deputies entered the cell and began using pepper spray in order to break up the fight. Both inmates were handcuffed and removed from the cell.
However, James Hirt became unresponsive a short time after being pepper sprayed. Deputies and staff began lifesaving measures, but those efforts were not successful.
He was later pronounced dead. A full investigation into the death remains ongoing at this time.
Legal Considerations for Riverside County Inmate Deaths
Violence against inmates is sadly far more common than many people realize. According to Time, “The use of excessive force against prisoners, from punches to chemical spraying, is an everyday occurrence that violates our constitution. Taking measures like installing more cameras to hold perpetrators accountable and implementing meaningful oversight of our nation’s prisons are important to curb abhorrent conditions of confinement.” There are a number of ways that a jail may use excessive force.
- A jail may have improperly used restraints.
- A jail may have caused an inmate to suffer positional asphyxia by holding them down.
- A jail may have misused chemical agents.
- A jail may have continuously shocked an inmate with tasers.
Inmates have a constitutional right to live free from the fear of excessive force by correctional officers. Pursuant to 42 U.S. Code § 1983, every person who, under the color of any statute, law or ordinance, causes a citizen of the United States to be deprived of their rights secured by the constitution, shall be liable to the injured party in an action at law. Chemical agents like pepper spray can be very dangerous under certain situations.
- Pepper spray can be dangerous for those with asthma or heart conditions.
- Pepper spray can dangerously restrict a person’s breathing when used repeatedly.
- Pepper spray can contribute to cardiac arrhythmias.
Jails are used to house people with severe medical and mental health challenges. These institutions are simply not well-equipped to care for people with these conditions. It is important for victims of excessive force in a jail setting to understand that they do have rights. This includes family members of those who died. The family of any inmate who died in custody may have legal recourse through a wrongful death claim.
Investigating Riverside County Inmate Deaths
We at the Sehat Law Firm extend our deepest condolences to the family of James Hirt. Any person who may have more information about what happened should reach out to investigators. The sheer number of in-custody deaths in Riverside County over recent years remains deeply concerning.
Do you need more information about a Riverside County inmate death? Our team of civil rights advocates is here to help you get the answers and support that you are entitled to under the law. Whether you just have legal questions or need a free, independent investigation into any incident, we are here for you. You can reach out to us anytime at (949) 825-5200.
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