Fort Wayne, IN – Gabriela Apodaca filed a wrongful‑death lawsuit last week seeking the maximum $750,000 allowed under Indiana law for claims against a government agency. The suit names Allen County Sheriff Troy Hershberger and several unidentified deputies and correctional officers as John Doe defendants.
Allegations of unsafe jail conditions
Apodaca alleges that Sheriff Hershberger maintained unconstitutional jail policies that created dangerous conditions, including overcrowding that made it harder to prevent illegal drug use inside the facility. She contends that these policies contributed directly to the death of her husband, 25‑year‑old Jose Trejo (also identified in court documents as Jose Trejo Valazquez), who died in October 2024 after only a few days in custody while awaiting trial.
Medical care concerns
The Allen County coroner determined Trejo’s cause of death was fentanyl toxicity. Apodaca asserts that the sheriff failed to ensure Trejo received adequate medical treatment, despite prior indications that he was experiencing fentanyl withdrawal symptoms. In April 2025, she filed a tort claim alleging that Trejo was medically cleared before being transferred to the jail, a claim that forms part of the current lawsuit.
Claims for damages
Beyond wrongful‑death damages, the complaint seeks compensation for medical expenses related to Trejo’s hospitalization and death. The lawsuit also alleges that deputies and correctional officers failed to provide a safe, drug‑free environment for Trejo and other inmates.
Legal context
Under Indiana law, the $750,000 cap is the highest amount a plaintiff can recover from a government agency in a wrongful‑death action. The lawsuit does not yet prove liability; the allegations will be examined in court.
Community response
Local advocates for jail reform have expressed concern about the broader issues raised, such as overcrowding and the need for better medical oversight in detention facilities. While the case is still pending, it adds to ongoing discussions about how Allen County jails manage inmate health and safety.
Next steps
The case will proceed through the Allen County court system. Sheriff Hershberger and the unnamed defendants have not yet responded publicly to the filing.
Original reporting: WOWO News/Talk (Fort Wayne) — read the source article.
