Kenneth Stewart III, a minor by and through his Guardian Ad Litem, Beatriz Abrego, individually and as successor in interest to Kenneth E. Stewart Jr., deceased v. State of California; Scott Kernan; Ronald Davis; Eric E. Evans; Jeffrey M. Carlton; April D. Maxfield; Jack E. Dougery, and Does 1-50, inclusive
Published: Aug. 21, 2020 | Filing Date: Mar. 22, 2018 |Case number: 3:18-cv-01778 Settlement – $900,000
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Joseph A. Lepera
(Lepera & Associates PC)
Patrick A. Hormillosa
(Lepera & Associates PC)
Joseph S. May
(Law Office of Joseph S. May)
Defendant
Kyle A. Lewis
(Office of the Attorney General)
Facts
Kenneth Stewart III was found dead in his cell at the San Quintin State Prison. Stewart's minor son sued the prison for Stewart's death.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that decedent had a mental illness known to defendants and that defendants ignored decedent's requests for treatment of his illness. Plaintiff contended that defendants knew that decedent could cause harm to himself but they still failed to remedy the situation. Plaintiff contended that this led to decedent's suicide by asphyxiation. Plaintiff also contended that the lack of adequate medical attention was a violation of the Americans with Disabilities Act.
DEFENDANTS' CONTENTIONS: Defendants contended that plaintiff failed to adequately allege who defendants harmed with its medical services or why immediate medical services were required. Defendants also contended that they were entitled to qualified immunity.
Settlement Discussions
The settlement amount included a $300,000 in award for attorneys' fees and awards and over $600,000 to each named representative.
Result
The court approved a $900,000 settlement between the parties.
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