Gavin J. Parrish, Ashleigh Parrish, Daniel Parrish v. Alameda County, R.L. Silcocks
Published: Aug. 30, 2008 | Result Date: Oct. 3, 2007 | Filing Date: Jan. 1, 1900 |Case number: 05CV03140(BZ) Settlement – $500,000
Court
USDC Northern
Attorneys
Plaintiff
Laurence F. Padway
(Law Office of Laurence F. Padway)
Defendant
Facts
On March 10, 2004, decedent Richard Lebon was transported to the Alameda County Sheriff's Department. Deputy sheriff R.L. Silcocks placed Lebon in a cell. The decedent's children, plaintiffs Gavin Parrish, Ashleigh Parrish, and Daniel Parrish, alleged that Lebon informed Silcocks he was suicidal. As only the courthouse holding cell was available on a suicide watch, Deputy Silcocks called for immediate transfer to the medical care at the county jail.
Lebon was placed in his cell around 10:15 a.m. and at 10:22 a.m., he hung himself with a telephone cord that was connected to a telephone located in his cell. Lebon was taken to Eden Medical Center, where he passed away.
A mistrial was declared when the jury was unable to reach a verdict after four days of deliberation.
Contentions
PLAINTIFFS' CONTENTIONS:
The Parrishes brought an action against Alameda County and Silcocks, claiming wrongful death and violations of civil rights. Specifically, plaintiffs claimed that Deputy Silcocks failed to place Lebon in a cell suited for suicidal individuals and also failed to initiate suicide watch.
Damages
The decedent's children demanded damages for wrongful death.
Result
A settlement agreement was reached amounting to $500,000, consisting of attorney expenses for $84,652, guardian expenses for $417 and attorney fees for $217,465. The court approved a request by guardian ad litem D'Laine Parrish to utilize the money for purchase of a home for him and the decedent's children. The court stated that the house could be sold when the youngest of the children became 18, with sales proceeds to be given to the plaintiffs. Alternatively, the court also permitted that plaintiffs could retain title as tenants in common.
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