Atayde v. Napa State Hosp., Cal. Dep't of State Hosps., Entity, Dolly Matteucci, Individually, Dana White, R.N., Individually, Cal. Forensic Med. Grp., Inc.
| Decision Date | 15 September 2016 |
| Docket Number | No. 1:16-cv-00398-DAD-SAB,1:16-cv-00398-DAD-SAB |
| Parties | LUCY ATAYDE, individually and as successor in interest of decedent RICHARD MICHAEL RAMIREZ, Plaintiff, v. NAPA STATE HOSPITAL, STATE OF CALIFORNIA DEPARTMENT OF STATE HOSPITALS, a public entity, DOLLY MATTEUCCI, individually, DANA WHITE, R.N., individually, CALIFORNIA FORENSIC MEDICAL GROUP, INC., TAYLOR FITHIAN, M.D., HEATHER GOODE, M.D., SEAN RYAN R.N., DEBORAH MANDUJANO, R.N., CORINA DENNING, R.N., COUNTY OF MERCED, a municipal corporation, former Sheriff TOM CAVALLERO, in his individual and official capacities, Undersheriff JASON GOINS, and DOES 1 THROUGH 10, jointly and severally, Defendants. |
| Court | U.S. District Court — Eastern District of California |
On January 5, 2016, Lucy Atayde ("plaintiff")—the mother of Richard Michael Ramirez ("decedent")—filed suit in the U.S. District Court for the Northern District of California against Napa State Hospital ("NSH"), California Forensic Medical Group, Inc. ("CFMG"), and Merced County ("County")—as well as individual employees and officers of each organization—after her son committed suicide while in the custody of the Merced County Sheriff's Department. (Doc. No. 1.). On February 2, 2016, NSH and its employees (the ) filed a motion to dismiss the complaint for lack of jurisdiction, or alternatively, to transfer venue to the Eastern District of California. (Doc. No. 12.) On February 8, 2016, the County, CFMG, and their officers and employees (the "county defendants") also filed a motion to dismiss. (Doc. No. 25.) On March 21, 2016, the case was transferred to this district. (Doc. No. 40.)
On April 6, 2016, the county defendants again filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 45.) On April 12, 2016, the state defendants filed a motion to dismiss as well. (Doc. No. 49.) Plaintiff filed oppositions to both motions on May 3, 2016. (Doc. Nos. 50, 51.) The county defendants filed a reply on May 7, 2016. (Doc. No. 52.) The state defendants filed a reply on May 10, 2016. (Doc. No. 54.) On May 17, 2016, the court heard oral argument on the pending motions. (Doc. No. 56.) Attorney Michael Haddad appeared telephonically at that hearing on behalf of plaintiff; Deputy Attorney General Jennifer Marquez appeared telephonically on behalf of the state defendants; and attorney Jerome Varanini appeared telephonically on behalf of the county defendants. (Doc. No. 56.)
Defendants are divided into two primary groups, with each group having filed its own motion to dismiss. The county defendants include Merced County; the former sheriff of Merced County, Tom Cavallero; and Jason Goins, a Lieutenant and commander in charge of the Merced County jail at the time decedent was confined there. The county defendants also include CFMG and specific CFMG employees. According to plaintiff, CFMG provides health care—including mental health care—to pre-trial and post-conviction detainees and prisoners held in Merced County jails pursuant to a contract with the County. The CFMG employees named in the complaint include Taylor Fithian, M.D., a policy-making officer for CFMG; Heather Goode, M.D., a treating psychiatrist; and Sean Ryan, R.N., Deborah Mandujano, R.N., and Corina Deering, R.N., all psychiatric nurses. The other group of defendants consists of the state defendants including NSH; Dana White, R.N., an employee of NSH responsible for screening andadmitting patients; and Dolly Matteucci, the executive director and highest policy making official of NSH.
In the complaint plaintiff alleges as follows. On December 15, 2014, decedent—a 27-year-old man suffering from severe psychosis—killed himself while in the custody of the Merced County Sheriff's Department. (Doc. No. 1, Complaint ("Compl.") at ¶ 101.) Decedent committed suicide after being held in pre-trial detention for nearly four months. According to the complaint, the following events led to decedent's suicide.
Decedent first arrived at Merced County Jail on August 23, 2014. (Id. at ¶ 26.) On August 29, 2014, the Merced County Superior Court suspended the criminal proceedings against decedent due to concerns that he was not mentally competent to stand trial. (Id. at ¶ 28.) The court referred decedent to Dr. Phillip Hamm, Ph.D., for an evaluation pursuant to California Penal Code § 1368. (Id.) In a report completed on September 22, 2016 and adopted by the Merced County Superior Court on September 26, 2016, Dr. Hamm declared decedent incompetent to stand trial on the grounds he was likely suffering Psychotic Disorder NOS (not otherwise specified). (Id. at ¶¶ 53, 60.)
According to plaintiff, the county defendants knew of decedent's severe mental illness prior to the court adopting Dr. Hamm's report. The decedent's mental illness was readily evident through his erratic behavior and bizarre comments, including telling defendant Goode, decedent was "hearing voices and having major mood changes." (Id. at ¶ 38.) In response, defendant Goode wrote decedent a prescription for Haldol—an antipsychotic medication—but failed to draft a treatment plan or diagnose decedent as suffering from psychosis. (Id.) Moreover, decedent was twice placed in, and twice released from, a safety cell because of his behavior; nonetheless, the county defendants still failed to implement a treatment plan. (Id. at ¶¶ 39-42.) Furthermore, decedent refused to take his prescribed antipsychotic medications, and, in response, CMFG employees and agents simply signed release of liability forms for refusal to take medications. (Id. at ¶ 56.) Decedent never signed these release forms himself. (Id.)
///// In response to Dr. Hamm's report and its adoption, the Merced County Superior Court ordered a placement report to be submitted by October 15, 2014 and scheduled a report hearing for October 17, 2014. (Id. at ¶ 60.) In the period leading up to the report hearing, decedent engaged in a series of self-harming behaviors. On September 27, 2014, while housed in segregated lockdown, decedent repeatedly struck the walls and door of his cell, causing his hand to become swollen and bruised. (Id. at ¶ 61.) On September 29, 2014, decedent attempted to commit suicide by hanging himself with a t-shirt. (Id. at ¶ 64.) On October 5, 2014, decedent again attempted to commit suicide by choking himself with his own hands. (Id. at ¶ 70.) In response to each suicide attempt, decedent was placed in a safety cell—generally for a period of two days—and given an updated prescription. (Id. at ¶¶ 67, 69, 73, 75.) However, after each incident of this kind, CMFG staff allegedly failed to develop a proper treatment plan in response thereto. (Id. at ¶¶ 63, 69, 75.)
On October 24, 2014, the Merced County Superior Court ordered decedent to be committed to the trial competency program at defendant NSH or another appropriate facility. (Id. at ¶ 78.) In its order, the court noted "[decedent's] condition would deteriorate without treatment with medication and serious harm to physical and mental health would result." (Id.) NSH allegedly completed a pre-admission evaluation of decedent and approved decedent for admission. (Id. at ¶ 74.) Defendant Dana White, R.N., an employee of defendant NSH, allegedly stated in a letter dated October 9, 2016 that decedent would be admitted upon receipt of seven specific court documents. (Id.) According to plaintiff, defendant NSH received these documents before October 31, 2014. (Id.) However, decedent was never transferred to NSH. Instead, decedent continued to be confined at the Merced County Jail and continued to engage in a course of conduct replicative of his earlier behavior, including making irrational, suicidal comments and engaging in self-harm. (Id. at ¶¶ 87-100.) Finally, decedent committed suicide on December 15, 2014 by hanging himself with a sweatshirt from his bunk. (Id. at ¶ 101.)
Plaintiff—both in her individual capacity and as successor in interest to decedent—alleges multiple causes of action against defendants. In her first cause of action, brought pursuant to 42U.S.C. § 1983, plaintiff claims defendants White, Fithian, Goode, Ryan, Mandujano, Denning, and Goins deprived decedent of his Fourth and Fourteenth Amendment rights through their deliberate indifference to his serious need for mental health treatment. Plaintiff also claims these same defendants deprived her of her First Amendment right to familial association. In her second cause of action, plaintiff seeks to extend liability for these constitutional deprivations to the County, CFMG, and the policy-making officials of each organization through Monell and supervisory liability. In her third cause of action, plaintiff claims the county defendants are liable for the above referenced constitutional violations pursuant to California's Bane Act, codified at California Civil Code § 52.1. In her fourth cause of action, plaintiff alleges the County, NSH, and CFMG violated the Americans with Disabilities Act and the Rehabilitation Act of 1973. In her fifth cause of action, plaintiff alleges defendants White, NSH, the County, and Goins violated California Government Code § 845.6. In her sixth cause of action, plaintiff brings a state law negligence claim against, Cavallero, Goins, and the County. In her seventh, and final, cause of action, plaintiff brings a state law negligence per se claim against Cavallero, Goins, and the County.
The purpose of a motion to dismiss pursuant to Rule 12(b)(6) is to test the legal sufficiency of the complaint. N. Star Int'l v. Ariz. Corp. Comm'n, 720 F.2d 578, 581 (9th Cir. 1983). "Dismissal can be based on the lack of a cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory." Balistreri v. ...
To continue reading
Request your trial