Confidential
Settlement – $400,000Court
USDC Northern
Attorneys
Plaintiff
Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)
Defendant
James V. Fitzgerald III
(McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP)
Facts
The decedent was a 32-year-old mentally ill inmate being housed on the Mental Health Unit at the Contra Costa
County Detention Facility. The plaintiff contended that one day prior to his suicide, the decedent had tried to
harm himself by stuffing a sock down his throat and telling staff that he was intending to harm himself. The
defendant contended that the decedent subsequently admitted that he had faked the incident. After an
observation period in a safety cell, the decedent was released back into the general population with restrictions
that he only be permitted one hour of free time and that he be under constant supervision during that time.
These restrictions were not communicated to the Deputy in charge.
The plaintiff contended that the Deputy who was guarding the decedent violated jail
policies in failing to lock the utility closet. The decedent went into the closet and hung himself
with an electric cord. The body was found approximately one hour later. The plaintiff, the
decedentÆs 60-year-old mother brought this action against the defendant.
Other Information
The case was settled at an early stage in the litigation during a mediation session before retired judge Richard Patsey of JAMS.
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