Fort Wayne, Indiana – The ex-wife of a 27-year-old man who died of a fentanyl overdose while being held at the Allen County Jail last year has filed a wrongful death lawsuit.
An autopsy revealed that Steven Perry died of an overdose in jail on February 26, 2024. Two other inmates, Taylor D. Hunt and Brian L. Boggs II, were charged with Perry’s death after investigators discovered they provided him with fentanyl in exchange for commissary items.
Perry’s family has since filed a wrongful death lawsuit against Allen County Sheriff Troy Hershberger, Jail Commander David Butler, and Quality Correctional Care LLC as defendants.
It identifies “systemic failures” in the jail’s drug-prevention practices and medical preparedness.
The lawsuit claims that “negligent actions” allowed fentanyl into the jail, despite a scan revealing contraband that confinement officers failed to check.
“As a result of the negligence of Defendant Sheriff and jail personnel, Perry had access to harmful and dangerous illegal substances which led to his untimely death and all damages related thereto,” the complaint asserts.
Kelly Perry, Perry’s ex-wife, filed the lawsuit on behalf of herself and the couple’s two children. She lists the following damages: loss of love, care, and affection, as well as attorney fees and funeral and burial expenses.
Hunt, one of the men charged with Perry’s death, is scheduled to stand trial in October.
Boggs entered into a plea agreement in the case in January, pleading guilty to dealing in a controlled substance resulting in death and dealing narcotics. He must also testify against Hunt as part of the plea agreement.
Last year, 21Investigates interviewed Perry’s girlfriend, Alyssa Silva, who questioned how the fentanyl went unnoticed by jail staff.
We brought her concerns to Sheriff Hershberger, who sat down with us to discuss the situation and the changes the department had implemented.
When asked for a comment on the lawsuit, the Allen County Sheriff’s Department spokesperson stated that they cannot comment on pending litigation.
