Confidential

Facts

This was an action brought against defendant doctors, medical staff, correctional officers and supervisors, and Warden Frederick A. Brown of Corcoran Prison, for violation of the Eighth Amendment (cruel and unusual punishment) for deliberate indifference to decedent's serious medical needs and for wanton infliction of pain by the use of excessive force, both of which caused the death of the plaintiffÆs decedent, a Corcoran prisoner named John Douglas "J.D." White (ôWhiteö). Supplemental state law claims for medical negligence, wrongful death, and assault and battery were also presented.

White was a 33-year-old male, diagnosed since 1998 as suffering from bipolar disorder, and prescribed a daily regimen of psychotropic medications including Lithium, Risperdal, Depakote and Prozac. These drugs, properly administered, permitted White to live in the prison environment without difficulty. However, sudden withdrawal of the medications by reason of medical staff failures to renew prescriptions had resulted in White's decompensation in 1999, which triggered a profoundly psychotic episode when officers applied restraints to him. These events were clearly documented in White's prison records. As a result of the 1999 episode, White was transferred from Tehachapi Prison to Corcoran in 2000, and was confined in SHU (Segregated Housing Unit). Prison medical staff were responsible for continuing his treatment, including administering necessary psychotropic medications twice a day.

On June 20, 2001, White's prescriptions expired again and were not renewed, but he continued to receive sporadic medication until Aug. 10, 2001 when all medications were withheld from him. White's psychiatric condition declined sharply up to Aug. 16, 2001 when staff observed him to be suffering an acute psychotic episode resulting directly from the withholding of his medications. Thereafter, medical and correctional staff failed to provide the acute medical care White needed, and stabilize his medications by hospitalizing him. Staff delayed doing anything until White's severe condition became critical. Staff insisted on placing leg restraints and a "spit mask" over White's face before transporting him to the prison emergency hospital. This triggered a psychotic outburst by White which caused eventually, six to eight officers to place weight on the prone White to hold him in the prone position while handcuffed behind his back. A supervisor stood on the chain leg restraints so that White's legs were immobile. After a period of minutes, White stopped breathing. His face and head were dark purple in color (cyanosis). A prison nurse arrived with the ambulance, and upon observing White motionless, directed the officers to "roll him over." She detected no breath or pulse. At the prison hospital, White was resuscitated temporarily, but succumbed the next day at Hanford Community Hospital. White had no history of respiratory or cardiac problems. The Kern County Medical Examiner listed the cause of death as cardiac arrest. On the day White died, the treating physician at Hanford Community Hospital advised White's parents, John and Beverly White, to "investigate" what happened to their son, because this physician did not believe the death was explained satisfactorily by prison staff accounts. The Whites contacted Michael P. Stone the next day and retained him to investigate their son's death. Stone arranged to have White's remains examined by Dr. David M. Posey who performed a second autopsy. Dr. Posey found that White's blood level of Lithium at death was 0.04 mEq/L. The therapeutic range is 0.3 1.2 mEq/L. Dr. Posey determined the death resulted from positional or restraint asphyxia. He classified the death of White as a homicide.

PLAINTIFFSÆ CONTENTIONS:
The plaintiffs contended that the failures by the medical staff (psychiatrists and psychologists) related to White's death went beyond mere negligence and satisfied the requirements for liability under the Eighth Amendment in that their collective neglect amounted to conscious indifference to the prisoner's serious medical needs. First, they permitted his medications to be withheld by their failure to monitor his Medication Administration Record (MAR). Once it became patently obvious that White was in acute crisis, they failed to take the necessary steps to stabilize and hospitalize him. This triggered the acute psychotic episode that permitted correctional officers to apply physical force which became excessive and unreasonable once White was proned, handcuffed behind his back, and hobbled by a leg chain attached to his ankles. The officers insisted on trying to force a "spit mask" over White's face although he had never spit at anyone in prison, and was not attempting to do so as he gasped for air. Thereafter, the officers continued to apply pressure to White's head, back and trunk, eventually asphyxiating him. Even then, the officers failed to monitor his breathing and failed to provide CPR once White stopped breathing and had no pulse.

At all times relevant, Corcoran Prison was under a mandatory federal court order (Coleman class action) to properly provide for inmate medical care and treatment, including prescription medications. White's death was directly caused by consciously indifferent medical care and by the use of cruel and sadistic force.

DEFENDANTSÆ CONTENTIONS:
The defendants contended that the medical care that White received played no role in the circumstances that brought about his death. The force used to restrain White was appropriate and reasonable, and did not precipitate his cardiac arrest. Specifically, the officers were careful not to place their collective body weight on White's back and trunk. While certain facts are not disputed, such as the failure to renew White's prescriptions, and the use of force to restrain White in order to transport him to the prison hospital, these circumstances did not cause his death. Each physician denied that he acted negligently. Every medical staff person denied that any act or omission of his or her own contributed to the death of White. Warden Brown denies that any of his acts or omissions contributed to the death of White. The plaintiffs are unable to meet the rigorous standards of proof accompanying an Eighth Amendment claim.

Result

The parties attended settlement conferences before USDC Magistrate Judge Theresa Goldner, Eastern District of California, beginning in May 2005. Ultimately the entire case was settled for a lump sum in the amount of $850,000. Dismissal was filed on Nov. 4, 2005. As a part of the settlement, defendant CDC agreed to utilize the services of WhiteÆs father, John D. White, as a consultant on reforms in CaliforniaÆs beleaguered prison system. Defendant Michael Themins, an independent contractor and licensed clinical social worker filed a motion for summary judgment which was subsequently granted by the Court.