Matthew Thomas Anderson, Deceased, Through his Successor in Interest, Mineko Swezey v. County of Siskiyou, Siskiyou County Sheriff’s Department, Siskiyou Sheriff Rick Riggens, Captain James Bett, Deputy Christopher Miller, Ronald Bortman, M.D., State of California, Napa County State Hospital, Dr. Ed Foulk, R.N., Dana White, R.N. and Does 1 Thro
Published: Dec. 15, 2012 | Result Date: Jan. 13, 2012 | Filing Date: Jan. 1, 1900 |Case number: 2:2011-cv-00117 Settlement – $1,600,000
Court
USDC Eastern
Attorneys
Plaintiff
Julia Sherwin
(Haddad & Sherwin LLP)
Michael J. Haddad
(Haddad & Sherwin LLP)
Defendant
Jesse M. Rivera
(Rivera, Hewitt & Paul LLP)
Facts
On July 15, 2008, Matthew Anderson, who suffered from schizophrenia with bipolar disorder, was in front of a fast food restaurant in the City of Yreka. Yreka police officers showed up and eventually Tasered and restrained Anderson. Later, he was placed in prison before being transferred to the Napa State Hospital based on the Court's order for trial competency treatment.
On Feb. 25, 2009, he was returned to Siskiyou County Jail after Napa State Hospital determined he was competent to stand trial. However, the judge ordered his return to the Hospital no later than April 3, 2009 for trial competency treatment. Nonetheless, Napa State Hospital would not admit him, and the hospital and its director were later held in contempt of court for violating that placement order. He committed suicide on April 9.
His mother, Mineko Swezey, filed suit against Siskiyou County, the Siskiyou County Sheriff's Department and several officials.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Defendants deliberately ignored the court order to place Anderson back into the state hospital, and thus, violated his civil rights. Further, Plaintiff claimed that the County was deliberately indifferent to Anderson's serious medical needs, including permitting an unqualified and unlicensed behavioral health professional to remove Anderson from suicide watch. Last, Plaintiff argued that the county jail psychiatrist had a history of misconduct and was deliberately indifferent to Anderson's serious medical needs.
DEFENDANT'S CONTENTIONS:
The County contended that Anderson was given proper medical treatment, and there was no deliberate indifference to Anderson's needs. The County further contended that, although the jail correctional officers attempted to process his return immediately upon receiving the order, Napa State Hospital refused to process the return. State defendants denied any wrongdoing and disputed they inappropriately denied hospital admission to the decedent.
Injuries
Matthew Anderson was 28 years old when he died. He was survived by his 65-year-old mother. Plaintiff claimed wrongful death and loss of society.
Result
The parties reached a settlement with Anderson's mother for $1.6 million.
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