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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 sought 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. Hernandez v. County of Monterey. On June 6, 2016, the case was reassigned to Judge Beth Labson Freeman.

On April 21, 2015, the parties agreed to enter into settlement negotiations; a settlement conference was scheduled for October 30, 2015. The parties could not come to a settlement agreement at that conference. Further settlement discussions continued through April and June 2017, but the parties did not settle.

In October 2017, the plaintiff filed a stipulation and proposed order with the court for the dismissal of defendant California Forensic Medical Group. The court approved it.

That same day, the defendant Sheriff filed a motion for partial summary judgment as to the claims against him. He claimed that he could not be liable because the plaintiffs could not show that on January 15, 2014, the defendant Sheriff knew the plaintiff had faced a substantial risk of serious harm and disregarded that risk by failing to take reasonable steps to abate it. Moreover, the defendant Sheriff argued that the doctrine of qualified immunity shielded him from liability for civil damages because his conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

On April 6, 2018, the court granted in part and denied in part this defendant Sheriff’s motion. Judge Freeman granted the motion as to the plaintiffs’ first cause of action pursuant to § 1983 for deliberate indifference to Mr. Parenti’s serious medical needs in violation of the Eighth Amendment and granted the motion as to Plaintiffs’ second cause of action pursuant to § 1983 for loss of the parent/child relationship in violation of the Fourteenth Amendment. These claims were dismissed. The court denied the motion, however, as to the plaintiffs’ third, fifth, and sixth causes of action. The plaintiffs claims of violations of California state law survived.

As of June 21, 2018, the case is ongoing. The docket had not had further activity since the court order in April.

Jessica Kincaid - 10/04/2015
Jake Parker - 06/21/2018


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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
Conditions of confinement
Failure to supervise
Failure to train
Staff (number, training, qualifications, wages)
Totality of conditions
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 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
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2014
Case Ongoing Yes
Docket(s)
3:79-cv-1630 (N.D. Cal.)
JC-CA-0118-9000.pdf | Detail
Date: 04/06/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Damages [ECF# 1]
JC-CA-0118-0001.pdf | Detail
Date: 12/16/2014
Source: PACER [Public Access to Court Electronic Records]
Joint Case Management Statement and [Proposed] Order [ECF# 33]
JC-CA-0118-0002.pdf | Detail
Date: 04/21/2015
Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part and Denying in Part Plaintiffs' Motion to Exclude Duplicative and Inadmissible Expert Testimony; and Referring Rule 26 Disclosure Issues to Magistrate Judge Susan Van Keulen for Disposition [ECF# 87] (2017 WL 1709349) (N.D. Cal.)
JC-CA-0118-0004.pdf | WESTLAW | Detail
Date: 05/03/2017
Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation to Grant in Part and Deny in Part Plaintiffs' Motion to Exclude Non-Retained Experts [ECF# 88] (2017 WL 2457876)
JC-CA-0118-0005.pdf | WESTLAW | Detail
Date: 05/10/2017
Source: PACER [Public Access to Court Electronic Records]
Order Adopting Magistrate Judge's Report and Recommendation to Grant in Part and Deny in Part Plaintiff's Motion to Exclude Non-Retained Experts [ECF# 92] (2017 WL 2438545) (N.D. Cal.)
JC-CA-0118-0006.pdf | WESTLAW | Detail
Date: 06/06/2017
Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part and Denying in Part Deputy Collins' Motion for Partial Summary Judgment [ECF# 109] (2018 WL 1697110) (N.D. Cal.)
JC-CA-0118-0003.pdf | WESTLAW | Detail
Date: 04/06/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Cousins, Nathanael M. (N.D. Cal.) [Magistrate]
JC-CA-0118-9000
Freeman, Beth Labson (N.D. Cal.)
JC-CA-0118-0003 | JC-CA-0118-0004 | JC-CA-0118-0006 | JC-CA-0118-9000
van Keulen, Susan Court not on record [Magistrate]
JC-CA-0118-0005 | JC-CA-0118-9000
Plaintiff's Lawyers Olney, Brian D. (California)
JC-CA-0118-9000
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
Holmes, Janet L. (California)
JC-CA-0118-9000
Philippi, Michael Rudolph (California)
JC-CA-0118-0002 | JC-CA-0118-9000
Salameh, Elias Ethan (California)
JC-CA-0118-9000
Saunders, Jemma Allison Parker (California)
JC-CA-0118-0002 | JC-CA-0118-9000

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