The family of a Fresno County inmate who was found hanging days after he was arrested says the county’s medical and corrections staffers failed to provide the care the 22-year-old needed and that is required under the Constitution.
Kane Rubio was arrested June 11 and was found having hanged himself three days later, according to Denisse Gastélum, a Long Beach-based attorney who works for Rubio’s family.
Gastélum said none of the family involved in the complaint were present the night Rubio was arrested. She said the Fresno County Sheriff’s Office has said the call was a domestic disturbance between Rubio and his girlfriend, but said law enforcement has not been forthcoming with much of the other information.
“It is very unusual. I have other cases in other counties, and I am at a minimum able to secure, for example, the medical mental health records of the incarcerated person when they were in the county’s custody,” she said on Monday.
The Fresno County Board of Supervisors this month rejected the government claim submitted in July by Gastélum. The denial of such a claim is routine, and sets the stage for a federal civil rights lawsuit seeking an unnamed amount.
The Fresno County Sheriff’s Office declined to comment, pointing to the potential litigation, according to Tony Botti, the sheriff’s spokesperson. He said Rubio’s death was not included in the tally of deaths at the Main Jail webpage because he was released from custody before dying at the hospital, per Board of State and Community Corrections guidelines.
There have been eight deaths this year in the jail. Most of those are still pending further investigation, but three were ruled as natural deaths. The jail lists five suicides of inmates from 2023 to 2025.
Fresno County contracts with California Forensic Medical Group Inc. for the care of inmates, which includes physical and mental health. The company says it works in 61 facilities in California, providing care to 14,550 people in custody. CFMG did not immediately return a request for comment.
CFMG has been criticized for not providing enough care in places like Monterey County, where in 2023 the health care provider was ordered to pay out about $2.5 million to inmates who had sued.
Gastélum said Rubio was “acutely suicidal,” because he had expressed the desire to hurt himself. She noted calls from the jail are not private and staffers routinely listen to those calls where he voiced his desire to his family.
She also said staffers in jails are required to be trained under guidelines from the National Commission of Correctional Health Care, which includes signs from those in custody who may be planning to take their own lives. That could include checking on the inmate every 15 minutes or even placing them in a padded cell.
The Fresno County Jail also had been under a “consent decree,” a court order to meet minimum standards of care, for a decade until the order sunsetted this past June.
“They’ve been under federal oversight with literally neutral experts auditing them because of just how subpar the mental health administration is there of their inmates,” Gastélum said.
Fresno County extended its contract with CFMG in December 2024 at $200 million with options to continue the contract through mid-2029.
Rubio’s mother, Crystal Rivas, set up a crowdsourcing fundraiser to help pay for his unexpected funeral. She described him as having “a unique ability to turn friends into family” in the gofundme.
“Kane had so much life ahead of him. His loss was sudden and unexpected, and our family is struggling to cope with the emotional and financial burden that comes with it,” she said. “Anyone who knew Kane knew how special he was. He always had a smile that could light up a room. He was funny, caring and deeply loving.”
Kane Rubio, 22, in an undated photo. His family has filed a complaint, saying Fresno County Main Jail medical and correctional staffers failed to protect him while he was in custody.
Kane Rubio, 22, in an undated photo in the a Fresno-area hospital in the days after hanging himself. His family has filed a complaint, saying Fresno County Main Jail medical and correctional staffers failed to protect him while he was in custody.
Fresno County Jail in downtown.
The new Fresno County West Annex Jail building stands at the corner of Merced and L streets in downtown Fresno on Wednesday, May 8, 2024. It’s still not open but officials say it could be by the end of the month.
Kane Rubio, 22, in an undated photo. His family has filed a complaint, saying Fresno County Main Jail medical and correctional staffers failed to protect him while he was in custody.