Parenti v. Cnty. of Monterey
Decision Date | 06 April 2018 |
Docket Number | Case No. 14-cv-05481-BLF |
Parties | JACOB PARENTI, ET AL., Plaintiffs, v. COUNTY OF MONTEREY, et al., Defendants. |
Court | U.S. District Court — Northern District of California |
[Re: ECF 100]
On January 15, 2014, Jacob Parenti ("Mr. Parenti") died in his dorm bed in the Monterey County Jail where he was being held for a twelve-month term on a probation violation. The Estate of Jacob Parenti, Mr. Parenti's minor son, and Mr. Parenti's mother (collectively, "Plaintiffs") bring this action against the County of Monterey, Sheriff Scott Miller, and Deputy Timmy Collins (collectively, "Defendants") asserting that Defendants were deliberately indifferent to Mr. Parenti's serious medical needs in violation of his federal constitutional rights, and breached duties owed to him under state law.1
Defendant Deputy Timmy Collins ("Deputy Collins") moves the Court for an Order of Partial Summary Judgment on all causes of action in Plaintiffs' Complaint alleged against Deputy Collins. See ECF 100 ("Mot."). The Court has considered the relevant evidence, applicable law, oral argument presented at the hearing on November 9, 2017, as well as the briefing and supplemental briefing of the parties. For the reasons that follow, Deputy Collins' motion for partial summary judgment is GRANTED IN PART and DENIED IN PART.
Mr. Parenti was arrested and booked into Monterey County Jail on July 20, 2013 on a probation violation for possessing marijuana. See Declaration of Johnathan Thornburg ("Thornburg Decl.") ¶ 3, ECF 100-3. Mr. Parenti had been arrested and booked into the Monterey County Jail a total of seventeen (17) separate times between 2001 and 2013. Id.
Deputy Collins is a 28-year veteran of the Monterey County Jail. Declaration of Timmy Collins ("Collins Decl.") ¶ 2, ECF 100-1. With respect to this lawsuit, Deputy Collins is alleged to be the last deputy to have seen Mr. Parenti alive. On January 15, 2014, Deputy Collins was assigned to the Rehabilitation Unit building at the jail, where he had been assigned for the preceding ten years, since 2004. Id. Specifically, on the day at issue, Deputy Collins was working the day shift and was assigned to the B/C Wing. See Declaration of Janet L. Holmes ("Holmes Decl."), ECF 100-4, Exh D, Deposition of Timmy Collins ("Collins Depo.") 16:13-24; 19:11-19, 49:3-50:18; Collins Decl. ¶¶ 2, 4.
Deputy Collins testified that he knew Mr. Parenti because Mr. Parenti had been in and out of the Monterey jail over the years. Collins Depo. 81:11-18. Deputy Collins also knew that Mr. Parenti was not a drug smuggler or someone who was arrested for transportation or sale because Mr. Parenti was cleared to work in the kitchen. Id. 81:19-82:14. Deputy Collins recalled that Mr. Parenti was a "pretty decent worker," who didn't complain, was quiet, and stayed to himself, which Deputy Collins described as "a good thing." Id. In fact, Mr. Parenti was seen by jail staff as a "model inmate" who was polite, cooperative, quiet, and a good worker. Collins Depo. at 82:15-18; 159:15-16; Declaration of Lori Rifkin ("Rifkin Decl."), Volume II, ECF 102-2 at 112, Deposition of William Taylor Fithian, M.D. ("Fithian Depo.") at 44:2-3.3 Other inmates described Mr. Parenti as friendly, well-liked and someone who helped others. Rifkin Decl. Volume I, ECF 102-1, Declaration of Antonio Rappa ("Rappa Decl."), Exh. 200 ¶ 4; Declaration of JoshuaThomas Griffin ("Griffin Decl."), Exh. 202 ¶ 19; Declaration of Michael Christopher Wolfe ("Wolfe Decl.") Exh. 203 ¶ 25.4 Deputy Collins testified that he had never had an issue with Parenti using or possessing drugs in the jail. Collins Depo. 159:5-16. Deputy Collins further testified that he had no information about any of Mr. Parenti's medical issues. Id. 115:8-12.
Dr. Taylor Fithian ("Dr. Fithian") was the staff psychiatrist and Medical Director with Defendant California Forensics Medical Group ("CFMG"). See Fithian Depo. 6:6-9. The County of Monterey contracted with CFMG to provide medical and mental health services for inmates at the County Jail. See Declaration of James Bass ("Bass Decl.") ¶ 3, Exh. A, ECF 100-2.5 As part of his duties, Dr. Fithian was partly responsible for policies and procedures, and for supervision of medical staff at the Monterey County Jail. See Fithian Depo. 6:16-7:5. Dr. Fithian was generally present at the Monterey County Jail on a daily basis from Monday through Friday during the relevant time period from 2013 to 2014. Id. 20:7-15. Under the procedures in place in December 2013 and January 2014, inmates could sign themselves up for a psychiatric "sick call" by filling out a slip. Id. 8:20-24. Mental health staff, custody staff, families and/or attorneys could also refer inmates for a "sick call." Id. 8:20-9:11. A "sick call list" would be generated for each housing unit at the jail, with medical sick calls separated from psychiatric. Id. 16:13-25.
In early January 2014, Mr. Parenti filled out several sick slips, seeking treatment for various medical issues including a cancerous skin lesion on his nose, what he described on a slip as having the flu, and other requests to see the psychiatrist for adjustment of psychiatric medications. Rifkin Decl. Volume I, Exh. 209 at 2-7. On January 13, 2014, Mr. Parenti was seen by a nurse at the jail who prescribed him medication for a cold. See Rifkin Decl. Volume II, Deposition of Maureen Hollcraft ("Hollcraft Depo.") at 64:19-69:5; Ex. 209 at 1, 8. On January 14, 2014, Mr. Parenti reported increased anxiety and depression to a psychiatric nurse. Rifkin Decl. Volume I, Exh. 209 at 8. The nurse scheduled Mr. Parenti for a "routine psychiatric sickcall" the next day with Dr. Fithian. See Fithian Depo. 8:1-11, 23:22-24:5.
Mr. Parenti was housed in "D-wing" at the Monterey County Jail, which is referred to as "dorm" or "pod" housing for approximately 85 men in bunk beds. See Rifkin Decl. Volume I, Transcript of January 15, 2014 Interview of Deputy Collins ("Collins Interview 1/15/2014"), Exh. 207 at 2:2-6; Exh. 27A. D-wing is part of a group of five housing pods comprising "Rehab 2,"—or the Rehabilitation Unit6—which includes wings B, C, D, E, and F. See Rifkin Decl. Volume II, Deposition of Deputy Olio Guerrero ("Guerrero Depo.") 16:12-20:7, 26:16-27:4. The layout of the Rehabilitation Unit where Mr. Parenti's dorm was located was essentially an octagon, with the Control 5 tower slightly elevated in the center and the various wings radiating out. See Collins Depo. 101:5-16. Four jail deputies oversaw the pods in Rehab 2, which encompassed the D-Wing: one "Control 5" deputy mans the control tower; two "hallway deputies" share responsibility for E and F pods and the yard; and one "B/C-wing deputy" is responsible for B, C, and D pods. Guerrero Depo. at 16:12-20:7, 26:16-27:4. In 2014, responsibilities of the hallway and B/C-wing deputies included hourly "health and welfare checks" for each of their pods. Id. at 26:16-27:4; Collins Depo. at 54:20-55:15, 105:13-19. The B/C Wing deputy also monitored for safety and security, and provided assistance for appointments, escorts, and meals. Collins Depo. 50:9-18.
On the day of Mr. Parenti's death, January 15, 2014, Deputy Collins was assigned to the position of B/C-wing deputy for the Rehab Unit. See Rifkin Decl. Volume I, Exh. 25. Deputy Collins had been assigned to the Rehab unit for the prior ten years. Collins Depo. at 18:20-19:19. As for the rest of the team, Deputy Jimenez was on "control," and Deputies Guerrero and Gonzalez were the hallway deputies. See Rifkin Decl. Volume I, Exh. 25; see also Guerrero Depo. at 16:5-23.
On the morning of January 15, 2014, Dr. Fithian asked Deputy Collins to assist him byescorting inmates in the Rehabilitation Unit's C and D wings to inmate "sick call" visits with Dr. Fithian. Collins Depo. 86:3-14. Mr. Parenti was on the psychiatric sick call list for a visit with Dr. Fithian, but not for a medical emergency. Fithian Depo. 23:22-24:12. After Dr. Fithian completed his visits with inmates on the C wing, he asked Deputy Collins to accompany him to see people on the D wing, where Mr. Parenti was housed. Collins Depo. 85:21-86:10. At approximately 9:45 a.m., Deputy Collins went to the entrance of D-wing and called out the list of three or four people on the sick call list, including Mr. Parenti. See Wolfe Decl. ¶ 10; Collins Depo. 86:9-14. Mr. Parenti did not show up or respond. Wolfe Decl. ¶ 11; Collins Depo. 86:12-14. Deputy Collins called his name again. Collins Depo. 86:9-14. Kenny Packer, one of the other inmates in the D wing, told Deputy Collins that Mr. Parenti was sleeping. Id. 86:15-16.
Deputy Collins looked toward Mr. Parenti's bunk, and because no one was trying to wake him, Deputy Collins decided to go down the D-wing to check if Mr. Parenti wanted to see Dr. Fithian. Id. 86:19-23. As Deputy Collins walked down the wing, he could see Mr. Parenti lying on his stomach with his head facing the wall, and he testified that he could hear that Parenti was snoring. Id. 87:7-11. Deputy Collins testified that Mr. Parenti's snoring was not "raspy," but rather "sounded like normal snoring." Id. 93:20-23. Deputy Collins further testified that Mr. Parenti Id. 173:6-20.
According to Deputy Collins, he approached the bunk and tapped Mr. Parenti on the shoulder several times, and he was slow to wake up. Id. 87:7-14. Deputy Collins testified that Mr. Parenti turned his head toward Deputy Collins, and Collins asked him: "Do you want to see the doctor?" Collins Depo. 87:11-14. Deputy Collins testified that Mr. Parenti grumbled something in...
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