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Civil Rights
Prisoners' Rights
Failure to Provide Proper Medical Care

Aliitasi T. Alapati v. City and County of San Francisco, et al.

Published: Feb. 17, 2023 | Result Date: Nov. 8, 2022 | Filing Date: Jun. 1, 2021 |

Case number: 3:21-cv-04144-SI Settlement –  $100,000

Judge

Susan Y. Illston

Court

USDC Northern District of California


Attorneys

Plaintiff

Mariliz Romero de Aquino
(Legal Allies)

Faustine U. Filimona
(Legal Allies)


Defendant

James F. Hannawalt
(Office of the San Francisco City Attorney)

Rebecca M. Louie
(Office of the San Francisco City Attorney)


Facts

Aliitasi Alapati filed an action against the City and County of San Francisco (the City); Nurse Giday Beshue; Dr. Lisa Pratt; Dr. Sona Aggarwal; Nurse Christa Gallagher; Nurse Nicole Una; Nurse Taylor-Woodbury; Nurse Nicole Joe; Nurse Jessica Jimenez; Nurse Evelyn Mendoza; Nurse Raphroger Gonzaga; Nurse Thu Tran; Nurse Karina Shannon; Nurse Rocio Babilonia; Nurse Joseph Williams; Nurse Joseph Williamson; and Nurse Haja Dumbaya.

Alapati was incarcerated in the City's County Jail 2 (CJ2). Upon her intake, Alapati informed medical staff at CJ2 of her heart condition and aortic valve replacement. Alapati was taking medication for heart, asthma, and allergy conditions. In February 2019, Alapati began working in the laundry department, where she encountered items contaminated with human feces, vomit, urine, and blood. Around March 4, 2019, Alapati began experiencing swelling in her hands and knees. Two days later, she began to feel body aches and other symptoms, which worsened over the following days. On March 12, CJ2 medical staff transferred Alapati out of general population and into CJ2's medical unit. Later that night, on March 13, Alapati was transferred to Zuckerberg San Francisco General hospital, where she was diagnosed with e-coli and sepsis infections and a compromised heart valve due to untreated infections. She was then transferred to California Pacific Medical Center to undergo open heart surgery to replace her compromised heart valve.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that while at CJ2, she expressed dire need for medical attention. However, the CJ2 medical staff failed to provide adequate care; failed to diagnose/treat her medical condition; and delayed appropriate medical care causing plaintiff to endure prolonged exposure to untreated bacterial infections resulting in hospitalization, heart valve replacement surgery, and ongoing recovery. As to all defendants, plaintiff asserted 14th and 8th Amendment violations of right to reasonable safety and freedom from cruel and unusual punishment; 8th Amendment violations of right to bodily integrity; 14th and 8th Amendment violations of right to medical care; 14th and 8th Amendment violations via bystander liability; negligence, gross negligence, recklessness vicarious liability; violation of the California Government Code (right to medical care); and violation of the Bane Act. As to the City, plaintiff asserted entity liability via Monell; negligent hiring, training, and supervision; violation of the Americans with Disabilities Act; violation of the Unruh Civil Rights Act; and violation of California's Disabled Persons Act. Plaintiff also asserted claims for assault and battery against Nurse Beshue.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

The case settled for $100,000.


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