La Plata County plans to pay $5 million to settle a wrongful-death lawsuit brought by the estate of Daniel Foard, who died in jail custody in 2023.
The county’s insurance will cover the settlement. The county paid $100,000 to defend the claim.
Foard, 32, died Aug. 16, 2023, in a La Plata County jail cell from an ulcer that went untreated for hours, according to a federal lawsuit filed by his estate.
The federal lawsuit, filed in 2025, alleges Foard endured more than 15 hours of severe abdominal pain and persistent vomiting while deputies and medical staff failed to provide adequate care or transport him to a hospital.
The lawsuit alleges violations of federal law and Colorado law, including deliberate indifference and gross negligence against Sheriff Sean Smith, La Plata County and others.
Foard, who reported fentanyl use, was placed on withdrawal monitoring after he was booked into the jail. Although fentanyl was found in his system, the autopsy determined that his death was from ulcer complications. It did not indicate that the drug contributed to his death.
According to the lawsuit, Foard was moved out of medical observation Aug. 15, 2023, despite collapsing several times and showing signs of distress. His condition worsened overnight and into the next day as he repeatedly vomited and complained of severe stomach pain.
He was moved between multiple cells because of excessive vomit and at times had to crawl, according to the complaint. Surveillance footage showed him calling for help and asking to go to the hospital. A deputy was also heard telling him to “try to hit that drain” when vomiting.
The nurse found Foard dead around 10 p.m. Aug. 16, five days after he had entered the jail.
County commissioners are expected to finalize the settlement Tuesday. It has been signed by the Foard family representative and will not change from the final version, said Sarah Jacobson, county spokesperson.
Under the agreement, Foard’s estate will dismiss all claims against Smith, the county and related parties. It does not resolve the lawsuit and claims against Southern Health Partners, the Tennessee-based medical provider contracted by the jail.
As part of the settlement, the county has agreed to cooperate in the litigation against Southern Health and will provide witness testimony in Denver. The county also agreed to one site visit to the jail.
Southern Health remains the medical contractor at the jail.
This is a developing story. Check back with www.durangoherald.com for updates.
jbowman@durangoherald.com
