California State Prison, Sacramento: Carlos Montenegro, 39, Dies After Two Incarcerated Men Attack Him on an Upper Tier
FOLSOM, CALIFORNIA (October 26, 2026): Carlos Montenegro, 39, died in custody after two other incarcerated men attacked him on the upper tier of a housing unit at California State Prison, Sacramento in Folsom on the evening of Monday, October 26, 2026, according to the California Department of Corrections and Rehabilitation (CDCR). KTLA also reported the death, citing CDCR. The department said it is investigating the death as a homicide.
Correctional staff saw the two men attacking Montenegro at about 6:43 p.m., CDCR said. Staff ordered the men to get down, the department said, and when the orders were ignored, officers fired five less-lethal 40mm direct impact rounds to stop the attack. Staff called 911 and began lifesaving measures while moving Montenegro to the prison’s treatment and triage area. Paramedics pronounced him dead at 7:24 p.m., according to CDCR. Two improvised weapons were found at the scene.
CDCR said the two men, ages 47 and 33, were placed in restricted housing while the prison’s Investigative Services Unit and the Sacramento County District Attorney’s Office investigate. The state Office of the Inspector General was notified. No charges had been announced as of October 28. Both men are presumed innocent unless proven guilty in court. Montenegro had been at the prison since September 2024, after he was received from Los Angeles County, the department said.
KTLA reported that this was the second homicide at the prison in October; earlier this month, CDCR reported the death of Mario Ortega, who was attacked during a staff escort at California State Prison, Sacramento. CDCR has not said what led to the attack on Montenegro, how the two men obtained the improvised weapons, how many officers were on the tier at the time, or what the coroner found as the cause of death.
Liability for a Death at California State Prison, Sacramento
Under 42 U.S.C. § 1983, a person may generally bring a civil rights claim against government officials who, acting under state law, violate rights protected by the Constitution. For people serving a prison sentence, the Eighth Amendment applies, and in Farmer v. Brennan (1994) the U.S. Supreme Court recognized that prison officials have a duty to protect prisoners from violence at the hands of other prisoners. Code of Civil Procedure § 377.60 generally allows certain family members to bring a wrongful death claim when a death is caused by the wrongful act or neglect of another.
- Deliberate indifference: Under Farmer, liability generally depends on whether officials knew of and disregarded a substantial risk of serious harm. Records about prior threats, housing decisions and any known conflict between the men can matter.
- Two weapons inside a housing unit: CDCR said two improvised weapons were found at the scene. How they were made, hidden and missed in searches is a question investigators are expected to examine.
- The response on the tier: CDCR said staff gave orders and then fired five less-lethal rounds to stop the attack. Staffing levels, camera footage and how quickly officers reached the upper tier are part of reviewing that response.
- A second homicide this month: KTLA reported this was the second homicide at the prison in October. A pattern of violence at the same institution can be relevant to whether risks were known.
These are general principles of law. How they apply depends on what the CDCR investigation, the district attorney’s review, the Inspector General and the coroner’s findings show about the moments before Montenegro was attacked.
Steps to Take After a Death at California State Prison, Sacramento
In 2019, 3,853 people died in state prisons or in private prisons under state contract in the United States, according to the Bureau of Justice Statistics (Mortality in State and Federal Prisons, 2001 to 2019). Families often receive little information at first, and our guide on what to do if a family member dies in a California jail or prison explains the records that may be available.
- Contact CDCR and the coroner: Ask CDCR for the name of the official handling the family’s questions, and contact the coroner’s office for information about the autopsy and the release of the body.
- Write down every contact: Keep a record of every call, letter and message from CDCR and any investigator.
- Save his letters and messages: Letters, phone records and messages from Montenegro may show whether he reported threats or asked to be moved.
- Speak with a lawyer before signing: Talk to a lawyer before signing any document or giving a recorded statement about the death.
Legal deadlines and notice requirements apply after a crash, injury or death, and they vary with the facts of each case, the location and the parties involved, including any public agency. Contact an attorney as soon as possible to protect your rights.
Investigating the Death of Carlos Montenegro at California State Prison, Sacramento
We at Carrazco Law, A.P.C., a personal injury and civil rights law firm in Irvine, California, extend our deepest condolences to the family and friends of Carlos Montenegro. Two questions remain open: how two improvised weapons came to be inside the housing unit, and whether prison staff had any warning that Montenegro was at risk before the attack on the upper tier.
If a loved one died or was seriously injured while in custody anywhere in California, our civil rights attorneys can help you understand your rights and legal options. Call us anytime at (800) 541-3244. Se Habla Español. Free consultation.
Published on October 28, 2026 by M.M., Carrazco Law, A.P.C. The incident described in this article occurred on October 26, 2026.
