Sheri Graves, an Individual; A.C.H. a minor, by and through his guardian ad litem v. California Department of Corrections and Rehabilitation, et al.
Published: Mar. 11, 2022 | Result Date: Feb. 16, 2022 | Filing Date: May 31, 2017 |Case number: 5:17-cv-01086 Settlement – $3,500,000
Judge
Court
CD CA
Attorneys
Plaintiff
Lawrance A. Bohm
(Bohm Law Group Inc.)
V. James DeSimone
(V. James DeSimone Law)
Donald R. Williams Jr.
(Reed Williams APLC)
Defendant
Deborah B. Wadleigh
(Office of the Attorney General)
Arthur B. Mark III
(Office of the Attorney General)
Alice M. Segal
(Office of the Attorney General)
Facts
Shaylene Graves, 27, was serving an eight-year sentence in prison for her involvement in a robbery in which she drove the getaway car. On June 1, 2016, six weeks before her release from the California Institution for Women in Chino, Graves was found dead in her locked cell. Prison officials initially believed that her death may have been a suicide until an investigation conducted by the prison determined her cellmate was probably responsible for her death. It appeared Graves' lifeless body was hanged by her cellmate to make it appear as if she had committed suicide. Graves' son and mother, Sheri Graves, brought a wrongful death action against the California Department of Corrections and Rehabilitation.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Shaylene Graves' death was preventable had a single officer took reasonable available measures to move Graves out of the cell and get her away from her cellmate who was threatening her life. Plaintiffs contended that corrections officers over several days witnessed the escalating conflicts between Graves and her cellmate, who publicly threatened her life, and that prison officials refused Graves' multiple please to change cells. Plaintiffs asserted that Graves was placed in her cell with her killer in mid-May 2016 and Graves began begging corrections officers to transfer her to another cell in a different part of the prison on about May 28, 2016. Plaintiffs claimed that Graves' killer made blatant threats during monitored phone calls, in the day room, and from her cell. Plaintiffs further claimed that, while in line for medication, the cellmate grabbed Graves by her face and threw her against the wall, threatening to catch and kill Graves. Plaintiffs alleged that, for at least four hours, officers failed to respond to an escalating argument and loud banging sounds officers admittedly heard the night Graves was killed. Plaintiffs also contended that no one from the state had told the family the truth about Graves' death, and that the family learned that Graves had been slain two years after the family filed their lawsuit.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
The case settled for $3,500,000. The settlement includes an annuity for Graves' teenage son.
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