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Civil Rights
Deprivation of Rights
Negligence

Dora Higgins, et al. v. County of San Bernardino, et al.

Published: Aug. 4, 2023 | Result Date: Mar. 10, 2023 | Filing Date: May 6, 2021 |

Case number: 5:21-cv-00807JGB (SHKx) Summary Judgment –  Defense

Judge

Jesus G. Bernal

Court

CD CA


Attorneys

Plaintiff

John L. Littrell
(Bienert, Katzman, Littrell & Williams LLP)

Nancy J. Sandoval
(Bienert, Katzman, Littrell & Williams LLP)

Michael R. Williams
(Bienert, Katzman, Littrell & Williams LLP)


Defendant

Amy R. Margolies
(Lynberg & Watkins)

Anita K. Clarke
(Lynberg & Watkins)

Shannon L. Gustafson
(Lynberg & Watkins)


Facts

On January 5, 2019, when Latesha Smith was arrested and booked into West Valley Detention Center, Dora Higgins, Smith's court-appointed conservator notified a deputy about Smith's mental health issues. That same day, Smith was evaluated by several healthcare providers, and two registered nurses designated Smith as Seriously Mentally Ill Lockdown and placed her in a sheltered housing unit for inmates with severe mental illness.

During January to April, Smith was seen, at a minimum once a week, if not every two days to be evaluated by several health care professionals, including psychiatrists, clinical therapists, and social workers. During that time frame, Smith continually denied suicidal ideations as the healthcare personnel checked on her. Moreover, though Smith would sometimes appear distracted, confused, manic, disoriented, delusional, or uncooperative, at times, there was no indication that Smith was a danger to herself, and would often refuse treatment.

The day before Smith's suicide attempt, she met with a clinical social worker who discussed her release plan with her. On the day of her suicide attempt, about every hour, deputies checked Smith's housing segment at 3:52 p.m. and observed no issues. Smith attempted suicide thereafter between 3:53 p.m. to 4:28 p.m. When she was found, medical assistance was immediately requested, and CPR and other measures ensued. Within eighteen minutes, paramedics arrived and Smith was taken to the hospital. For the rest of her life, she is expected to remain in a vegetative state. Dora and Vinson Higgins, Smith's court-appointed conservators, then filed suit on February 19, 2021 against the County of San Bernardino, San Bernardino County Sheriff's Department, and others, for negligence and civil rights claims.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants failed to provide Smith with safe conditions of confinement and adequate medical care in violation of her Fourteenth Amendment rights.

DEFENDANTS' CONTENTIONS: Defendants contended that even assuming that Smith was deprived of a constitutional right (which had not been proved), plaintiffs failed to evidence that any additional monitoring would have prevented Smith's actions or that defendants' existing policies of hourly safety checks constituted deliberate indifference.

Result

The court granted defendants' motion for summary judgment.


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