Estate of Abdollahi v. County of Sacramento

Decision Date15 December 2005
Docket NumberNo. CIVS022488FCDJFM.,CIVS022488FCDJFM.
Citation405 F.Supp.2d 1194
PartiesESTATE OF Mohammad Reza ABDOLLAHI, deceased, by and through Sina Abdollahi (a minor through his mother and guardian ad litem Parvin Ganji), as successor in interest; Sina Abdollahi, Individually; Estate of Jose Eliazar Arambula, deceased, by and through Elias Arambula and Andrew Arambula (minors through their mother and guardian ad litem Irma Rodriguez), as successors in interest; Elias Arambula and Andrew Arambula, individually; Socorro Arambula, individually; Ausencio Arambula, individually; Estate of Jake Summers, deceased, by and through his mother Denise Hoff (conservatee, by and through her guardian ad litem Judy Carver), as successor in interest; Denise Hoff, individually; Julien Provencher, Sr., individually; Jean Thurston, individually; Plaintiffs, v. COUNTY OF SACRAMENTO; Sacramento County Sheriff's Department Sheriff Lou Blanas; Sacramento County Sheriff's Department Captain Jim Cooper; Sacramento County Sheriff's Department Deputy Thomas Mantei; Judith Johnson, R.N.; Cheryl Paizis, D.O.; Henry Ishibashi; Gayle Gipson, R.N.; Nancy Harnett, Defendants.
CourtU.S. District Court — Eastern District of California

Stewart Lee Katz, Kathryn A. Clark, The Law Office of Stewart Katz, Sacramento, CA, for Plaintiffs.

Dayton Van Vranken Longyear, Longyear O'Dea and Lavra, Robert Frederick Tyler, Jr., Wilke Fleury Hoffelt Gould and Birney, Sacramento, CA, for Defendants.

AMENDED

MEMORANDUM AND ORDER

DAMRELL, District Judge.

This matter is before the court on defendants', County of Sacramento ("county"), Sheriff Lou Blanas ("Blanas"), Captain Jim Cooper ("Cooper"), Deputy Thomas Mantei ("Mantei"), Judith Johnson, R.N. ("Johnson"), Cheryl Paizis, D.O. ("Paizis"), Henry Ishibashi ("Ishibashi"), Gail Gipson, R.N. ("Gipson"), and Nancy Harnett ("Harnett"), motion for summary judgment or, in the alternative, motion for summary adjudication pursuant to Federal Rule of Civil Procedure 56.

BACKGROUND1

This is a consolidated civil right action brought under 42 U.S.C. § 1983 with supplemental state claims brought by the Estates of three decedents, Mohammad Reza Abdollahi ("Abdollahi"), Jake Summers ("Summers"), and Jose Arambula ("Arambula"),2 and individual plaintiffs who are the parents or children of the decedents. All three decedents were inmates at the Sacramento County Jail when they committed suicide. Plaintiffs bring claims arising out of the suicides of the three inmates against the County of Sacramento, Sacramento County Sheriff Lou Blanas ("Blanas"), Captain James Cooper ("Cooper"), Deputy Thomas Mantei ("Mantei"), Judith Johnson, R.N.,3 ("Johnson"), Henry Ishibahsi ("Ishibashi"), and Nancy Harnett ("Harnett").4

A. Decedent Abdollahi

Abdollahi was a pre-trial detainee in the Sacramento County jail for offenses involving the possession and use of drugs. (Pls.' Opp'n to Defs.' Stmt. of Undisputed Material Facts ("UMF"), filed Sept. 27, 2005, No. 161). Abdollahi was a heroin addict. (Id. at No. 171). He was interviewed at a medical screening where he appeared under the influence of some type of narcotics, which the nurse recorded was heroin. (Id. at Nos. 162, 169). He disclosed his addiction to heroin to the nurse, stating that he used I.V. heroin daily in his legs and arms. (Id. at No. 171). Abdollahi subsequently passed out. (Pls.' Stmt. of Disputed Facts ("SDF"), filed Oct. 10, 2005, No. 21).

On March 26, 2002, three days after incarceration, Abdollahi pressed his cell emergency button and threatened to commit suicide unless he could see a doctor. (UMF No. 202; SDF No. 22). Abdollahi was not seen by a doctor, but by a Jail Psychiatric Services ("JPS") clinician, defendant Ishibashi. (SDF No. 22). Ishibashi interviewed Abdollahi for approximately ten minutes. (Id. at No. 23). Defendants contend that Ishibashi determined that Abdollahi was not suicidal, but that he was complaining about medication for withdrawals. (Def. Ishibashi's Reply to Pls.' Opp'n to Defs.' Stmt. of Undisputed Facts ("Ishibashi RSUF"), filed Nov. 4, 2005, No. 6). Plaintiff's dispute this contention. (Id.) Ishibashi contacted Deputy Duke ("Duke"), the officer on shift, and told Duke that he would contact the medical staff to check on Abdollahi's medication; Ishibashi later called Duke to tell him that Abdollahi was getting medication. (UMF Nos. 212-13). Ishibashi gave Duke his pager number and asked that he be called if Abdollahi was still feeling suicidal. (Id. at No. 214).

Later that night, Deputy Mantei arrived for his shift and was briefed by Duke. (Id. at No. 215). When Mantei conducted the cell checks during his shift, he noticed that the light in Abdollahi's cell was covered with blue paper. (Id. at Nos. 219-20). Mantei entered the cell to remove the paper and noticed that Abdollahi had a torn piece of sheet, approximately 6 inches wide, around his neck and shoulders. (Id. at No. 221). Mantei asked Abdollahi what the sheet was doing around his neck, and Abdollahi did not respond. (Id.) Mantei took all parts of the sheet and left the cell, leaving Abdollahi with a blanket. (Id. at No. 222; Deposition of Thomas Mantei ("Mantei Dep."), Pls.' Exh. 17, at 86). Mantei did not notify JPS about his observations when conducting the cell check. (Mantei Dep. at 81).

At 12:30 a.m., Duke conducted a cell check. (UMF No. 230). He immediately saw Abdollahi hanging from the bottom of the top bunk by a ligature. (Id.). Abdollahi had hung himself from a bunk hole, using strips of his blanket as a ligature. (Id. at No. 235).

B. Decedent Summers

Summers was a pre-trial detainee at the Sacramento County Jail for the offense of strong arm robbery. (Id. at No. 271). Summers was addicted to heroin. (SDF No. 27).

Summers was housed in a cell without a cellmate. (Id. at No. 29). After a traumatic day in court, Summers was brought back to his cell and left unchecked, alone in his cell, for the entire day. (Id. at Nos. 29-30). Deputy Kingsley, the only deputy working in Summers' housing unit that day, indicated in the log book that he had performed the cell checks when, in fact, he had not. (UMF Nos. 291-92; SDF No. 30). Kingsley was never disciplined for failing to properly perform cell checks in the unit or for falsifying the logbook. (Deposition of Ross Kingsley ("Kingsley Dep."), Pls.' Exh. 7, at 28-30).

An inmate worker found Summers' body at 5:45 p.m. (UMF No. 294). Prior to his death, Summers had written a suicide note on the wall of his cell. (SDF No. 31). The state of Summers' body when found indicates that he had been dead for some time before his body was discovered. (Id. at No. 33). Summers had hung himself from a bunk hole in the top bunk of the cell, using a torn-up sheet as a ligature. (UMF No. 301).

C. Decedent Arambula

Arambula was transferred to the Sacramento County Jail from the prison CDC Solano on February 21, 2001. (Id. at No. 371). Upon his arrival, the jail was made aware that Arambula had a history of psychiatric issues and suicide attempts. (Id.). The social worker assigned to Arambula saw him on February 22, 2003, and noted that Arambula had auditory command hallucinations concerning killing himself. (Declaration of Edward Kaufman ("Kaufman Decl."), Exh. 15, ¶ 45). He denied that he would follow those commands. (Id.) The social worker informally suggested that Arambula be housed in the outpatient housing unit, but her suggestion was rejected. (Deposition of Suzanne Royston ("Royston Dep."), Exh. 119, at 24).

JPS psychiatrists conducted psychiatric evaluations of Arambula during March and April of 2003. (Kaufman Decl. ¶¶ 46-47). They noted his history of suicide attempts. (Id. ¶ 46). Arambula also had delusions, such as thinking he was God. (Id. ¶ 47). JPS found that he was psychotic and continued his antipsychotic medication at a low dosage. (Id. ¶ 46). Arambula complained of daily command hallucinations, but JPS doctors found that he was able to resist acting on those. (Id. ¶ 47).

Subsequently, Arambula's relationship with JPS deteriorated. (Id. ¶ 48). He refused to meet with his social worker on several occasions and requested that his medication stop. (Id.) When a JPS psychiatrist attempted to meet with Arambula in June 2003, Arambula refused, but assured her that he was okay to stop his medication, and that his hallucinations had decreased and minimized his past suicidal attempts. (Id.)

On July 24, 2003, Arambula flooded his cell. (UMF No. 373). He was placed outside the control room, where he engaged in an animated conversation with himself. (Id. at No. 374). He then walked to the sliding glass doors and repeatedly banged his forehead into the door in a purposeful manner. (Id. at No. 375). At least four deputies responded to Arambula's actions. (Id. at Nos. 376-82). Arambula resisted and kicked at the officers. (Id. at Nos. 377-85). After the deputies subdued him, Arambula began banging his head into the cement floor. (Id. at No. 386). Arambula was placed into a restraint chair. (Id. at No. 387).

JPS was contacted by both the nurse who came to inspect Arambula's restraints and by the deputies who expressed concern over Arambula's behavior. (Def. Harnett's Reply to Pls.' Opp'n to Defs.' Stmt. of Undisputed Facts ("Harnett RSUF"), filed Nov. 4, 2005, No. 3; SDF No. 37). At no point were the deputies alerted to Arambula's documented history of suicide attempts, psychiatric hospitalizations, his diagnosis as psychotic, or the fact that he had stopped taking prescribed anti-psychotic medications. (SDF No. 36).

Nancy Harnett, an unlicensed social worker, interviewed Arambula. (UMF No. 390; Harnett RSUF No. 7; Defs.' Reply to Pls.' Stmt. of Disputed Facts ("RSDF"), filed Nov. 4, 2005, No. 40). The officers told her about Arambula's erratic behavior. (Harnett RSUF No. 6). Harnett spent approximately ten minutes with Arambula. (Id. at No. 7). Harnett told...

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