Lucas v. County of Los Angeles

• Decision Date: 09 July 1996
• Docket Number: No. B091484,B091484
• Citation: 54 Cal.Rptr.2d 655,47 Cal.App.4th 277
• Court: California Court of Appeals Court of Appeals
• Parties: , 97 Cal. Daily Op. Serv. 5149, 96 Daily Journal D.A.R. 8257 Linda LUCAS et al., Plaintiffs and Appellants, v. COUNTY OF LOS ANGELES, etc., et al., Defendants and Respondents.

Page 655

54 Cal.Rptr.2d 655

47 Cal.App.4th 277, 97 Cal. Daily Op. Serv. 5149,

96 Daily Journal D.A.R. 8257

Linda LUCAS et al., Plaintiffs and Appellants, v. COUNTY OF LOS ANGELES, etc., et al., Defendants and Respondents.

No. B091484.

Court of Appeal, Second District, Division 6, California.

July 9, 1996.

Klass, Helman & Ross, Edward M. Fox, Los Angeles and Devonne L. Daley, San Francisco, for Plaintiffs and Appellants.

Law Offices of Thomas & Price, Craig Donahue and Linda B. Hurevitz, Glendale, for Defendants and Respondents.

STEVEN J. STONE, Presiding Justice.

(Los Angeles County) Linda Lucas ¹ appeals from a judgment in favor of respondent County of Los Angeles (County), Deputy Radovic, Deputy Randolph Goff, Deputy Stephen Landers, Lieutenant Robert Neil Sedita, Sergeant Warren Wright, and Does 1 through 50. She contends that the trial court's judgment is procedurally improper and that the trial court erred in holding that the federal court's conclusions of law were fatal to appellant's state court claims. We determine that the trial court's procedure, though irregular, was not improper. We determine further that the trial court erred in ruling that the federal court's finding of qualified immunity in the civil rights action was res judicata on the issue of immunity in Government Code section 845.6 in the state court action. We reverse the judgment.

FACTS AND PROCEDURAL HISTORY

March 31, 1991, at approximately 2:45 a.m., Jeffrey Lucas was a passenger in a vehicle stopped by campus police for a traffic violation at California Polytechnic University. Apparently, without the officers' knowledge, Lucas swallowed a plastic bag of methamphetamine at the time of the stop. Lucas was arrested on an outstanding warrant. Lucas's eyes were red and watery but he denied having consumed alcohol or drugs. His pupils did not react abnormally to a When asked during booking whether he had any medical problems, Lucas responded in the negative and signed the booking medical screening and the booking property statement. He was cited for violations of Health and Safety Code section 11357, subdivision (b), and for outstanding warrant. Lucas asked if he could remove his shirt. When Foley asked if he were feeling well, Lucas said he was just " 'a little hot.' " Lucas removed his shirt and signed the citations.

nystagmus test. When Officer Foley walked Lucas to the jail booking entrance, he said he had some "pot" in his pocket. Foley asked if Lucas had used any drugs that day and he answered " 'No.' " Foley found 2.7 grams of marijuana in Lucas's pocket.

At 5:10 a.m., Deputy Landers performed a jail cell check and noticed that Lucas had moved his mattress to the floor and appeared to be asleep. At 6:30 a.m., Deputy Landers heard a knocking from the jail area and found Lucas in the same position on the mattress. When another inmate indicated that Lucas had caused the disturbance, Landers asked Lucas what was wrong. Lucas told Landers that he was claustrophobic. Landers took Lucas to the booking area and noted that Lucas was visibly trembling and walking stiff legged. Landers again asked if Lucas was all right and again Lucas stated that he was just claustrophobic.

On the way to the booking area, Lucas asked to use the restroom. Lucas went to the sink and began splashing water on his face and commented, " 'Look at my eyes, I look like a mess'." Landers, who was going off duty, told Deputy Goff that Lucas said he was claustrophobic and that Landers thought Lucas should be sent to central jail. Goff placed Lucas in a booking room and went to obtain approval for the transfer. Lucas asked Landers for a glass of water and was shaking so badly that he spilled most of it. Landers began to wonder if Lucas was having delirium tremens (D.T.'s) and asked if Lucas "did a lot of alcohol or drugs." Lucas replied that he did take drugs. When asked what type, he replied, " 'Everything, you name it'." Landers asked if Lucas took any drugs prior to his arrest and Lucas said he took " '... a little pot'."

Deputy Goff telephoned and received authorization to transfer Lucas to central jail at 7:10 a.m. At approximately 7:30 a.m. Deputy Radovic arrived to transport Lucas. Goff helped Lucas to his feet. Lucas was shaking and sweating and Radovic and Goff had to help steady him. Goff thought that Lucas was going into D.T.'s and should be transferred to the main jail where medical facilities were available should they be needed. Landers, who was still at the station, noticed that Lucas was now dragging his feet but walked to the radio car. Lucas was placed on his stomach on the back seat due to his shaking. Deputy Radovic noticed that Lucas was breathing "hard" but appeared to be coherent. Lucas appeared to Radovic to be having withdrawals from alcohol or drugs.

On route to the central jail, Radovic monitored Lucas by occasionally looking over his shoulders and listening to his "very heavy breathing." He could see Lucas's body shaking. At approximately 7:58 a.m., Radovic sent a message that he was two minutes away from the central jail and to please have deputies waiting by the hospital back door to assist him. When he arrived at 8 a.m., no deputies were waiting. He spent several minutes finding a telephone to request help. He checked Lucas and saw that he was still shaking and breathing heavily.

At 8:05 a.m. Radovic called the watch deputy and told her a prisoner was having D.T.'s and he wanted admittance. He was first told that the back door was for persons under the influence of PCP but Radovic prevailed upon the sergeant to have hospital deputies meet him at the back door. When Radovic got back in the car and started to back out to go to the hospital door, he noticed that Lucas was no longer breathing. Radovic went immediately to the hospital back door and notified the control booth that his prisoner was not breathing. Seconds later officers came out and helped remove Lucas from the car and checked Lucas's vital signs. Nurses responded at 8:12 a.m. and commenced cardiopulmonary resuscitation until paramedics arrived and took Lucas to the County hospital. At approximately 8:56 March 23, 1992, appellant filed an action in the United States District Court, pursuant to 42 United States Code section 1983, for damages arising from the death of Lucas for violation of civil rights. ² The complaint alleged violation of Lucas's Fourth Amendment rights, deliberate indifference in maintaining and permitting an official policy and custom of permitting the types of wrongs alleged, failure to properly train police officers such that the training is deliberately indifferent to the rights of citizens, wrongful death and negligent entrustment.

a.m., Lucas was pronounced dead. An autopsy revealed plastic material in his stomach. Lucas died of an apparent overdose of methamphetamine.

Respondents moved for summary judgment March 15, 1993, claiming, inter alia, qualified immunity on the federal claims. The district court granted summary judgment on appellant's federal civil rights claims but declined to exercise pendent jurisdiction on the state claims. The district court made the following pertinent conclusions of law: 1) the individual officers were not " 'deliberately indifferent' " to the " 'serious' " medical needs of Lucas; 2) the individual officer took reasonable action regarding the obtaining of medical care for Lucas; 3) the County had a policy of providing medical care to inmates which was followed and nothing about the existence or nonexistence of a policy led to the officers' denying Lucas his civil rights; 4) the federal court dismissed the pendent state claims because it is not required to retain jurisdiction if the federal claims are dismissed.

On March 19, 1993, subsequent to the hearing on the motion for summary judgment and prior to entry of judgment, appellant filed the instant state court action, alleging negligence, negligent entrustment and wrongful death. Respondents demurred to that complaint, claiming, among other things, that the complaint was barred by res judicata based on the federal court's decision. The trial court overruled that part of the demurrer based upon the doctrine of res judicata, stating that "the federal court was determining whether an affirmative defense of qualified immunity had been established. Some elements of negligence were not addressed in the federal action and the defense of qualified immunity is not available in the state court action."

Respondents subsequently moved for summary judgment on grounds that 1) primary assumption of the risk is a total bar to appellant's right to recover; 2) any breach of duty by respondents was not a substantial factor in Lucas's death; 3) respondents are entitled to immunity pursuant to Government Code sections 845.6 and 855.6; ³ and 4) the district court had previously determined that respondent law enforcement officers were not deliberately indifferent to Lucas's medical needs. The court denied the summary judgment, ruling in pertinent part, "There is at least one triable issue of fact, whether the defendants knew or reasonably should have known that plaintiff needed immediate medical attention. (See Goff, Radovic, Sedita, and Landers affidavits)...."

On the eve of trial in January 1995, respondents submitted a trial brief raising the immunities of Government Code section 845.6 and res judicata and collateral estoppel, and a motion to exclude evidence and for res judicata effect of the federal statement of decision and findings of fact and law. Respondents also filed a motion for judgment on the same grounds. In its statement of The trial court ruled that the conclusion of law which came from the federal court determination necessarily included a determination on all of the issues raised in this pending suit and must be accorded res judicata effect. The court stated that its determination removed the only issue remaining in the lawsuit and that proceeding at...