On June 12, 2014, the mother of a pretrial detainee who committed suicide while in jail filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued the County of San Mateo, the Mateo County Sheriff, the County of Monterey, the Monterey County Sheriff, ...
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On June 12, 2014, the mother of a pretrial detainee who committed suicide while in jail filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued the County of San Mateo, the Mateo County Sheriff, the County of Monterey, the Monterey County Sheriff, the City of Monterey, the Monterey Police, the California Forensic Medical Group, and the Community Hospital of Monterey Peninsula under 42 U.S.C. § 1983 and 1988, as well as state law. Represented by private counsel, she asked the court for monetary relief, claiming violations of the First and Fourteenth Amendments to the US Constitution. Specifically, she claimed failures to provide medical care, to protect from harm, and to furnish medical care. She also claimed a deprivation of substantive due process, medical malpractice, negligent supervision, training, hiring, and retention, and wrongful death.
In 2013, the detainee committed suicide while in his administrative segregation cell at the Monterey County Jail by hanging himself with a bed sheet. The detainee had a history of mental illness and had been arrested three days prior for a murder he committed during a bipolar episode. The plaintiff alleged that the Jail's policies and practices for screening, supervising, and treating prisoners at risk for suicide were inadequate. The plaintiff also alleged serious deficiencies in the delivery of mental health care at the Jail. The detainee had been previously detained at the Jail and had not received adequate mental health care.
On October 9, 2014, the District Court granted in part Monterey City's and Monterey County's motions to dismiss with leave to amend to the complaint. The Court also denied the County's motion to strike. On October 28, 2014, the plaintiff filed an amended complaint adding a claim of general negligence and allegations to other claims against Monterey and Monterey County. Then, on November 19, 2014, Judge Labson Freeman denied the Hospital's motion to dismiss for lack of subject matter jurisdiction.
On September 22, 2015, Judge Freeman approved the stipulated dismissal of the County and the Sheriff as defendants. Two days later, she approved the stipulated dismissal of the Hospital as a defendant. Presumably these were based on out-of-court settlements. As of October 1, 2015, the case is ongoing against the remaining defendants. Jessica Kincaid - 10/01/2015