University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Parenti v. County of Monterey JC-CA-0118
Docket / Court 5:14-cv-05481-PSG ( N.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Special Collection California's Prisoners' Rights Bar article
Attorney Organization Hadsell, Stormer & Renick
Case Summary
On December 16, 2014, the estate of an inmate who died in jail filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued Monterey County, the Monterey County Sheriff, the Monterey County Jail, and the California Forensic Medical Group under 42 U.S.C. ... read more >
On December 16, 2014, the estate of an inmate who died in jail filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued Monterey County, the Monterey County Sheriff, the Monterey County Jail, and the California Forensic Medical Group under 42 U.S.C. §1983. Represented by private counsel, the plaintiffs asked the court for monetary and injunctive relief, claiming a failure to provide medical care in violation of the Eighth and Fourteenth Amendments and a deprivation of substantive due process in violation of the First and Fourteenth Amendments. The plaintiffs also claimed negligence and wrongful death. Specifically, the plaintiffs claimed that the defendants left the inmate lying unconscious, helpless, and untreated in his bed to die from viral influenza syndrome complicated by pneumonia--a treatable condition. At the time of the inmate's death, the jail was already the subject of a class action lawsuit regarding systemic failures to provide adequate medical care. The class action lawsuit is Hernandez v. County of Monterey, JC-CA-0107 in this Clearinghouse.

On April 21, 2015, the parties agreed to enter into settlement negotiations; a settlement conference is scheduled for October 30, 2015.

Jessica Kincaid - 10/04/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Defendant-type
Corrections
Jurisdiction-wide
General
Failure to supervise
Failure to train
Staff (number, training, qualifications, wages)
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) California Forensic Medical Group
Monterey County
Monterey County Jail
Monterey County Sheriff
Plaintiff Description The estate of an inmate who died in jail
Indexed Lawyer Organizations Hadsell, Stormer & Renick
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
3:79-cv-1630 (N.D. Cal.) 07/13/2015
JC-CA-0118-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Damages 12/16/2014
JC-CA-0118-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Case Management Statement and [Proposed] Order 04/21/2015
JC-CA-0118-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cousins, Nathanael M. (N.D. Cal.) [Magistrate]
JC-CA-0118-9000
Grewal, Paul Singh (N.D. Cal.) [Magistrate]
JC-CA-0118-9000
Monitors/Masters None on record
Plaintiff's Lawyers Piovia-Scott, Joshua (California)
JC-CA-0118-0001 | JC-CA-0118-0002 | JC-CA-0118-9000
Rifkin, Lori Ellen (California)
JC-CA-0118-9000
Stormer, Dan Lewis (California)
JC-CA-0118-0001 | JC-CA-0118-0002 | JC-CA-0118-9000
Tajsar, Mohammad K. (California)
JC-CA-0118-0001 | JC-CA-0118-0002 | JC-CA-0118-9000
Defendant's Lawyers Bertling, Peter George (California)
JC-CA-0118-0002 | JC-CA-0118-9000
Blitch, Susan K. (California)
JC-CA-0118-0002 | JC-CA-0118-9000
Grant, Irven L. (California)
JC-CA-0118-0002 | JC-CA-0118-9000
Philippi, Michael Rudolph (California)
JC-CA-0118-0002 | JC-CA-0118-9000
Saunders, Jemma Allison Parker (California)
JC-CA-0118-0002 | JC-CA-0118-9000
Other Lawyers None on record

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