Facts

Kristopher NeSmith faced criminal charges that carried a potential for life in prison. Kristopher committed suicide while in a San Diego County custodial facility. S.N, Kristopher's son, was born after his suicide. Chassidy NeSmith, Kristopher's wife, individually and as guardian in litem on behalf of S.N., brought a complaint against the County of San Diego, and correctional staff, Patrick Newlander, and Christopher Olsen, alleging wrongful death and civil rights violations.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the County was given multiple warnings of Kristopher's suicidal nature while he was held in the County custodial facility yet failed to adequately protect him. In particular, plaintiffs alleged that the County was aware that there was a rope hanging in NeSmith's cell the night of his suicide.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Defendants settled the claims for $250,000 with $50,000 in an irrevocable trust for S.N. when he turns 18 and the remainder split between Chassidy NeSmith and attorneys' fees and costs.