L.S., a Minor, by and through her Guardian Ad Litem Herbert Smith, Successor in Interest; W.S., a Minor, by and through his Guardian Ad Litem, Herbert Smith; and S.S., a Minor, by and through her Guardian Ad Litem, Whitney Hope Smith v. County of Santa Cruz; California Forensic Medical Group Inc.; Does 1-25
Published: Feb. 18, 2017 | Result Date: Oct. 4, 2016 | Filing Date: Jan. 1, 1900 |Case number: 5:15-cv-03032-EJD Settlement – $1,050,000
Court
USDC Northern
Attorneys
Plaintiff
Eric John Nelson
(Law Office of Eric John Nelson)
Jonathan C. Gettleman
(Caballero & Gettleman Law Office Inc.)
Elizabeth Caballero
(Caballero & Gettleman Law Office Inc.)
Diane K. Vaillancourt
(Law Office of Diane K. Vaillancourt)
Defendant
Jerome M. Varanini
(Law Office of Jerome M. Varanini)
Rebecca S. Widen
(Seattle City Attorney's Office)
Facts
Minor plaintiffs L.S., W.S., and S.S., sued the County of Santa Cruz and California Forensic Medical Group Inc., in connection with Amanda Sloan's death while being detained at the county jail.
Plaintiffs are the decedent's surviving children.
Contentions
PLAINTIFFS' CONTENTIONS:
On July 17, 2013, the decedent, a pretrial detainee, hung herself in her jail cell. Earlier on, the decedent managed to dig a large hole into the stucco wall, which exposed a pipe. She then managed to fashion a rope out of sheet strips and used it to hang herself.
Plaintiffs alleged 14th Amendment violations, deliberate indifference, Monell liability, and negligent hiring, training, supervision, and retention. The jail allegedly did not have any policies in place to protect at-risk detainees, like the decedent. Plaintiffs contended that the decedent should have been closely monitored given her recent suicide threats and extremely agitated state upon learning of an imminent hearing to terminate her parental rights. Defendants allegedly failed to perform routine checks on her as the officers were supposed to.
DEFENDANTS' CONTENTIONS:
The Medical Group denied responsibility for the decedent's death and asserted various immunities.
Damages
Sloan's surviving children sought damages for their mother's wrongful death, as well as compensatory and punitive damages.
Result
The parties reached a $1.05 million settlement, which included $400,000 for L.S., $400,000 for W.S., and $250,000 for S.S. The county paid $975,000, and the Medical Group's insurer paid $75,000.
Other Information
Following settlement, the county jail announced the implementation of new suicide prevention and crisis intervention policies. FILING DATE: June 30, 2015.
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