Suit claims neglect
in cell death

An inmate who killed himself should
have been monitored, the lawsuit alleges

The mother of a Halawa inmate who was found hanging in his cell two years ago alleges prison officials failed to prevent his death.

Eliza K. Cummings filed a wrongful-death lawsuit yesterday in Circuit Court against the Department of Public Safety and its director, John Peyton, as administrator of her son Byron Almeida's estate.

The suit alleges prison officials were aware of the danger he posed to himself and failed to monitor or take precautions to ensure his welfare.

On Aug. 17, 2002, Almeida, 30, was found in his cell at the Oahu Community Correctional Center with his hands bound and hanging by his neck from a noose made of strips of torn bedsheets. Police said he had left a note to his girlfriend, saying he wanted to end his life. His death was classified a suicide.

Almeida had been arrested and readmitted to OCCC as a pretrial detainee on June 22, 2002, for attacking two police officers with a 5-foot metal pole. He had just been released from Halawa Correctional Facility four days earlier after completing a nine-month term in a robbery case.

During his latest incarceration, Almeida allegedly was involved in altercations with other inmates, the suit said. He was also examined and treated by psychiatric staff. He complained he was suffering from nightmares in which he was being chased and shot at by police. He was prescribed an antidepressant, and four days later he was found dead.

During his earlier incarceration from June 22, 1992, to July 3, 2001, Almeida was placed under suicide watch.

The suit seeks damages in an amount to be determined at trial.

Prison officials had not seen the suit filed late yesterday and could not be reached for comment.