B.L. Rosenfeld v. Jess Talamantes, et al.
Published: Jun. 2, 2023 | Result Date: Mar. 17, 2023 | Filing Date: Jan. 24, 2022 |Case number: 2:22-cv-00497-DSF(Ex) Settlement – $3,000,000
Judge
Court
CD CA
Attorneys
Plaintiff
Stephen Yagman
(Yagman Reichmann LLP)
Defendant
Ashlee P. Clark
(City of Burbank)
Laura E. Inlow
(Collinson, Daehnke, Inlow & Greco)
Facts
Plaintiffs' decedent, Scott V. Rosenfeld, 48, who appeared to be under the influence (toxicology later confirmed the use of methamphetamine and fentanyl), was taken into custody by defendant Burbank police officers A. Denning and P. Pira on Jan. 3, 2022. Rather than take Rosenfeld to the hospital, instead the officers took him to the Burbank City jail, where defendants and defendant jailors Dawna Jureka, Mayra Robles, Robert Factora, Taylor George, Glen Larson, Tanya Cooper, booked him and put him in a cell by himself.
The next morning, Rosenfeld was found unresponsive and dead in his cell. The L.A. County coroner ruled that the cause of death was diabetes and that the manner of death was accidental.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs alleged that the police defendants' conduct was deliberately indifferent to Rosenfeld's serious medical needs, and that their deliberate indifference caused his death. Plaintiffs also alleged that the Burbank mayor and City councilmembers had a custom of deliberate indifference to arrestees' serious medical needs, which also was a cause of Rosenfeld's death, and thus were liable under Monell v. Dep't of Soc. Svcs. of the City of New York, 436 U.S. 658 (1978).
DEFENDANT'S CONTENTIONS: Defendants contended that the police conduct did not amount to deliberate indifference, so that defendants were not liable for Rosenfeld's death, and that there was no unconstitutional policy in existence.
Insurer
City of Burbank is self-insured, so that it pays its own damages.
Settlement Discussions
None.
Injuries
Death of Scott V. Rosenfeld
Result
The mediator, Gig Kyriacou, mediated a settlement of $3 million and a change in City of Burbank police policy, so that, in the future, all disoriented persons taken into Burbank police custody first will be taken to a hospital for blood testing, before being taken to the jail for booking.
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