Helen Jones, individually and as a Personal Representative of The Estate of John Horton v. County of Los Angeles, Los Angeles County Sheriff Department, Sheriff Leroy Baca, William Penhollow, Deputy Arturo Quiroz, Deputy Ricky Bratton, Deputy Christopher Kidder, Clifford Yates and Does 1 through 50
Published: Jan. 5, 2013 | Result Date: Feb. 1, 2012 | Filing Date: Jan. 1, 1900 |Case number: BC431634 Summary Judgment – Dismissal
Court
L.A. Superior Central
Attorneys
Plaintiff
Dennis P. Wilson
(Law Office of Dennis P. Wilson)
David W. Hiller
(The Law Office of John C. Burton)
Anthony N. Luti
(Luti Law Firm)
Lisa L. Maki
(Law Offices of Lisa L Maki)
Defendant
Janet L. Keuper
(Seki, Nishimura & Watase LLP)
Kenneth Michael Kem-Thomas
(Knapp Petersen & Clarke)
J. Edwin Rathbun Jr.
(Office of the Los Angeles City Attorney)
Experts
Plaintiff
Sylvia Comparini
(medical)
Defendant
Richard Fukumoto
(medical)
Facts
Decedent, John Horton, the son of plaintiff Helen Jones, was found dead in his cell at the Los Angeles County Men's Central Jail on March 30, 2009 at 4 a.m. All parties agreed that the cause of Horton's death was disputed and that he died either due to blunt force trauma or suicide by hanging. The time of death was unknown.
The only Los Angeles County Sheriff's deputy responsible for working on the cellblock where Horton was housed was defendant Deputy Christopher Kidder. It was undisputed that Kidder left the deputy module between midnight and 2 a.m. and did not ensure another deputy or supervisor took over the module while he was gone. It was also undisputed that Kidder again left the module between approximately 2:15 a.m. and 3:45 a.m. Again, he did not ensure another deputy or supervisor took over the module while he was gone. Kidder found Horton dead at approximately 3:45 a.m. during a security check.
Injuries
Plaintiff claims she suffered emotional distress as a result of her son's death.
Result
Dismissal.
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