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Civil Rights
Wrongful Death
Negligent Hiring, Retention, Supervision and Control

Cheyenne Chanterelle, Estate of Rosemary Summers, Arthur Summers v. County of San Diego, Michael Adkins, Debbie Flores, Gallard Jackson, Mack Jenkins, Yvette Klepin, Tyra Myles, Joann Sanchez, Craig Stover

Published: Mar. 12, 2016 | Result Date: Nov. 18, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 37-2014-00037484-CU-PO-CTL Settlement –  $1,000,000

Court

San Diego Superior


Attorneys

Plaintiff

Brody A. McBride
(Brody McBride Law)

Gerald B. Singleton
(Singleton Schreiber, LLP)


Defendant

James Chapin


Experts

Plaintiff

John P. Rhoads
(technical)

Claude E. Arnett
(technical)

Facts

Rosemary Summers, 15, was incarcerated at the San Diego County Girl's Rehabilitation Facility. While at the facility, Summers suffered from several mental health issues, including impulse control disorder and chronic depression. On Sept. 23, 2013, probation officers removed Summers from a leadership position, which caused her to become upset. She was found hanged in her room shortly after.

Plaintiffs are decedent's mother Cheyenne Chanterelle and father Arthur Summers. Plaintiffs sued the County of San Diego and employees of the county's rehabilitation center.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the county officials were aware of decedent's disorders and had placed her on Suicide Prevention Watch at least four times while she was in the county's custody, based on suicidal behavior and ideation by the decedent. The county was also prescribing the decedent several psychotropic medications to treat her mental health disorders.

Rather than place decedent on suicide prevention watch when it was observed she had become upset, as required by county policy, the probation officers allowed decedent to return to her single-occupancy room by herself, where she proceeded to turn her music up very loud, cover her window with paper and hang herself. The officer in charge of performing safety checks had the opportunity to discover decedent in all likelihood with enough time to save her life. However, in violation of county policy, the officer failed to force entry into decedent's room. It took authorities 5-10 minutes to cut decedent down, because they could not find the suicide knife as it was not in its assigned location, and the blades of the suicide scissors were dull and covered in glue. The scissors had been used for every day purposes.

Plaintiffs argued decedent's death was entirely preventable. However, plaintiffs claimed, the county's negligence allowed decedent to attempt suicide. Plaintiffs also claimed the county's negligent response to decedent's suicide attempt prevented decedent from receiving medical treatment that would have saved her life.

Damages

Plaintiffs claimed economic and non-economic damages, including emotional distress, and loss of decedent's love, companionship, comfort, care, assistance, affection, society and support.

Result

The case settled for $1 million.

Other Information

FILING DATE: Nov. 3, 2014.


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