Phillip Munoz v. Michael Mansholt, County of Riverside
Published: Dec. 30, 2003 | Result Date: Nov. 12, 2003 | Filing Date: Jan. 1, 1900 |Case number: CV017881JWJ Verdict – $600,000
Judge
Court
USDC Central
Attorneys
Plaintiff
Humberto M. Guizar
(Law Offices of Humberto Guizar APC)
Defendant
Laura L. Stephan
(Brobeck West Borges Rosa & Douville LLP)
Experts
Plaintiff
Steven J. Nagelberg M.D.
(medical)
Defendant
Mark Allen Gomez
(technical)
Norman D. Levine
(medical)
Facts
The plaintiff, a 36-year-old male, while housed as an inmate at the Robert Presley Detention Center in Riverside, developed a urinary tract infection. The plaintiff is a T10 paraplegic, requires the use of a wheelchair to engage in any physical movement. On Sep. 13, 2003, the plaintiff informed the transporting deputy Mansholt that he could not be transported in a non-handicap accessible police vehicle. Against the plaintiff's protests, he was placed in the front passenger seat of a standard equipped police vehicle. After receiving treatment at the hospital, the plaintiff was led by the defendant, deputy Michael Mansholt, to a non-handicap accessible police vehicle. The plaintiff told Mansholt, that he could only be transported by a wheelchair access vehicle. Mansholt responded that plaintiff would have to be transported in a regular standard vehicle because it was the only vehicle available. The plaintiff declined to get into the vehicle and claimed that the space in the vehicle would not accommodate him. Mansholt then informed the plaintiff that he would not transport the plaintiff in the front seat. The plaintiff was transferred back to the jail in the police vehicle in the rear seat of the car. The next day, the plaintiff complained to the jail medical staff that he thought his leg was injured during the transfer. After 45 days of raising concerns about his leg to the jail medical doctors, he was finally transferred to the hospital. At the hospital, they performed surgery to remove an abscess to his right leg. Thereafter, the plaintiff remained in the hospital for four months due to contagious infection. The plaintiff sued the chief medical examiner, the County of Riverside, and the transporting deputy, Michael Mansholt.
Specials in Evidence
none (all paid by the plaintiff's insurance) none
Injuries
The plaintiff underwent surgery to remove an abscess that developed on his leg as a result of a trauma to a pre-existing healing fracture of the right leg tibia. The plaintiff was required to be hospitalized for four months as a result of having MSRA, a blood disease that is contagious, which requires the patient to be placed in contact isolation.
Other Information
The ADA claims were dismissed at summary judgment as were the plaintiff's claims for medical negligence against the chief medical examiner, and his claims of deliberate indifference. The only remaining claims at trial were the claims of excessive force and negligence against the deputy. The jury did not find civil violations but they found that the deputy was negligent. At the conclusion of the trial, the plaintiff dismissed his remaining medical malpractice claims against the County of Riverside.
Deliberation
6.5 hours
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