Estate of Valentine v. Cnty. of Merced

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ESTATE OF DEREK VALENTINE, et al., Plaintiffs, v. COUNTY OF MERCED, et al., Defendants.

No. 1:23-cv-01697-JLT-SAB

United States District Court, E.D. California

October 2, 2024

FINDINGS AND RECOMMENDATIONS RECOMMENDING GRANTING IN PART AND DENYING IN PART DEFENDANTS COUNTY OF MERCED, MERCED COUNTY SHERIFF'S OFFICE, VERNON WARNKE, JOEL PENA EMANUEL GUTIERREZ, BIANCA GUZMAN, DIANE RENTFROW, AND GEORGE SZIRAKI'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT

(ECF NOS. 43, 46, 47)

OBJECTIONS DUE WITHIN FOURTEEN (14) DAYS

Currently pending before the Court is a motion to dismiss brought by the County of Merced, Merced County Sheriff's Office, Vernon Warnke, Joel Pena, Emanuel Gutierrez, Bianca Guzman, Diane Rentfrow and George Sziraki (collectively “County Defendants”).

Having considered the moving, opposition and reply papers, as well as the Court's file, the Court issues the following findings and recommendations.

I. BACKGROUND

A. Procedural History

On December 8, 2023, the Estate of Derek Valentine, Araceli Sanchez; minors L.V., C.V, and M.V, Ruth Ramirez, and Albert Valentine (collectively “Plaintiffs”) filed the complaint in this civil rights action pursuant to 42 U.S.C. § 1983 against the County of Merced, Merced County Sheriff's Office, Vernon Warnke, and California Forensic Medical Group (“CFMG”), along with a notice of adequate representation for the minor plaintiffs. (ECF Nos. 1, 4.) On February 9, 2024, Defendant CFMG filed a motion to dismiss. (ECF No. 14.) While the motion was still pending, on June 25, 2024, the parties stipulated to the filing of a first amended complaint and the first amended complaint was filed which added claims against Defendants Christopher Caughell, Emanuel Gutierrez, Bianca Guzman, Joel Pena, Diane Rentfrow, Alexandrea Reyes, and George Sziraki. (ECF No. 35.) On July 1, 2024, Defendant CFMG withdrew their motion to dismiss; on July 2, 2024, County Defendants withdrew their motion to dismiss; and the motions were ordered to be disregarded. (ECF Nos. 38, 39, 40.) On August 1, 2024, Defendant CFMG filed an answer to the first amended complaint. (ECF No. 42.)

On August 6, 2024, County Defendants filed the instant motion to dismiss Plaintiffs' first amended complaint. (ECF No. 43.) On August 7, 2024, the motion was referred to the undersigned for the preparation of findings and recommendations. (ECF No. 45.) On August 13, 2024, Plaintiffs filed an opposition to the motion to dismiss. (ECF No. 46.) On August 23, 2024, County Defendants filed a reply. (ECF No. 47.)

B. First Amended Complaint Allegations

On February 7, 2023, Derek Valentine (“Decedent”) was transferred from the custody of the California Department of Corrections and Rehabilitation (“CDCR”) into the custody of County Defendants at the John Latorraca Correctional Center (“the Correctional Center”). (First Am. Compl. (“FAC”) at ¶ 47, ECF No. 35.) Decedent was a pretrial detainee and was classified as “Booked-Awaiting Trial” on a new arrest. (Id. at 48.) Upon intake, several issues were documented which included moderate persistent asthma; nicotine dependence; other stimulate abuse including methamphetamine; opioid abuse; essential primary hypertension; and major depressive disorder, recurrent. (Id. at ¶ 49.) It was also recorded that Decedent used 1 pack of tobacco a week since the age of 18; smoked 1 gram of methamphetamine since the age of 19 and last used a year prior; used 1 gram of cocaine a week since the age of 19 and last used 3 years prior; used 1 gram a week of heroin since the age of 29 and last used a year prior; drank 3 packs of beer a day since the age of 17 and last drank prior to incarceration. (Id.) From February 7, 2023, until February 12, 2023, medical staff ordered and implemented increased monitoring and testing of Decedent using the Clinical Opiate Withdrawal Scale (“COWS”). (Id. at ¶ 50.) On February 12, 2023, medical staff discontinued increased monitoring and testing of Decedent using COWS. (Id. at ¶ 51.)

On March 20, 2023, Decedent was evaluated during a sick call informing medical staff that he had been injured. He was transported to an outside hospital for evaluation, returning later that same day. The jail records note that he said he hurt his back while working in the kitchen Sunday afternoon and denied any fall stating the pain was 8/10 in his lower back. He was prescribed 400 mg of Ibuprofen to be taken twice a day as needed for five days. (Id. at ¶ 53.)

The jail facilities, including the Correctional Center, are overrun with drugs which are readily available to inmates, including fentanyl. Drugs are available to inmates on the yard at the Correctional Center. (Id. at ¶ 54.) Drugs arrive at the jail facilities by way of inmates, jail employees, and/or jail contractors who smuggle contraband into the facilities. The county detention facility policies do not require jail employees or contractors to be thoroughly searched prior to entering which contributes to the risk of drugs entering the jail. (Id. at ¶ 55.) Defendants County of Merced, Merced County Sheriff's Office, and Warnke were responsible for supervising the Correctional Center and were aware that drugs were routinely smuggled into the jail and that inmates were overdosing from obtaining drugs within the jail. (Id. at ¶ 56.)

One week prior to April 20, 2023, an inmate at the jail overdosed on fentanyl; on April 20, 2023, Decedent overdosed on fentanyl, and at least one additional inmate overdosed on fentanyl after April 20, 2023. (Id. at ¶¶ 51, 58.) Despite the known presence and availability of drugs and resulting risk of overdose, Defendants County of Merced, Merced County Sheriff's Office, Warnke and CFMG maintained deficient policies and customs related to treating overdoses occurring in jail facilities, such as jail staff was insufficiently trained concerning care and treatment of suspected or known to be overdosing, including how often and how much Narcan to administer. (Id. at ¶ 59.)

On April 20, 2023, Decedent had access to drugs, including fentanyl which was readily available at the jail. (Id. at ¶ 60.) Decedent was housed in dorm 607 which was a communal cell with at least seven two-bed bunks and at least five mattresses located on the floor of the dorm. The dorm was overcrowded and occupied by at least 16 inmates, including Decedent. (Id. at ¶ 61.) Defendants County of Merced, Merced County Sheriff's Office, and Warnke accepted more inmates than the facilities were built and designed to accommodate, and the jails were overcrowded with an inadequate amount of staff, resulting in inadequate supervision and monitoring of inmates and contraband located in overcrowded cells. (Id. at ¶ 62.)

Decedent occupied a mattress near the corner of the dorm within direct sight of a closed-circuit television surveillance camera which monitored the dorm and its occupants. Decedent was clearly visible on the video feed of the dorm. (Id. at ¶ 63.) Jail staff did not monitor Decedent despite his visibility in the dorm on the surveillance system at the time he ingested drugs and was experiencing an obvious medical emergency. (Id. at ¶ 64.)

Defendants Pena and Gutierrez were correctional officers responsible for monitoring and supervising the inmates in the dorm and Defendant Guzman was the security systems operator responsible for monitoring and supervising the video feed in the dorm. (Id. at ¶ 65.) Around 8:23 p.m., Decedent was visible on the video feed rummaging through items on the top level of a bunk bed, removing an item from the bunk bed, and orally ingesting drugs. (Id. at ¶ 66.) Around 8:29 p.m., Decedent was visible on the video feed returning to the bunk bed, rummaging through items on the top level of the bunk bed, removing an item from the bunk and orally ingesting drugs. (Id. at ¶ 68.) Around 8:33 p.m., Decedent was visible on the video feed conversing with another inmate who handed him drugs. (Id. at ¶ 69.) Around 8:59 p.m., Defendant Pena entered the dorm to conduct a safety check and walked about halfway into the dorm, turned around, and exited the dorm. (Id. at ¶ 67.)

From around 9:30 to 9:35 p.m., Decedent was visible on the video feed, orally ingesting drugs, sitting on the mattress of the cell floor cutting and ingesting lines of drugs through his nose, and orally ingesting more drugs. (Id. at ¶¶ 70-73.) From 9:35 p.m. onward, Decedent was visible on the video feed lying on his back on his mattress on the cell floor. (Id. at ¶ 74.) At around 9:45 p.m. Decedent was visible on the video feed holding both his arms up in the air, bent at the elbow, before his arms slowly fell limp at his sides. He was then visible on the feed, unconscious and lying in an abnormal position on the mattress. (Id. at ¶ 75.) Decedent was severely ill and suffering from a medical emergency. (Id. at ¶ 76.)

From 9:47 to 9:48 p.m., Decedent was visible on the video feed with his hands and later his arms twitching and shaking as if he was experiencing a seizure, and with occasional entire body spasms. (Id. at ¶¶ 77-78.) Around 9:49 p.m., an inmate discovered Decedent nonresponsive and suffering a medical emergency and alerted Defendant Guzman using the intercom located in the dorm. (Id. at ¶¶ 80-81.) Around 9:50 p.m., Defendant Guzman radioed “man down” in dorm 607 which alerted jail staff of the medical emergency. (Id. at ¶ 82.) Around 9:51, Defendants Pena and Gutierrez entered the dorm and walked toward the back of the cell where Decedent was located. (Id. at ¶ 83.) Defendant Pena reported that Decedent was “sweating, unresponsive, and had quick shallow breathing.” Defendant Gutierrez reported that Decedent was “non-responsive and sweating profusely” and he believed that Decedent was experiencing a medical related...