726 F.Supp.3d 1058
S.D. Cal.2023Background
- At booking, inmate Frankie Greer told medical staff he has epilepsy, needs twice‑daily anti‑seizure medication, and a lower‑bunk; nurse Germono recorded “Epilepsy” and a lower‑bunk note in JIMS.
- Nurse Germono did not call the on‑call physician or otherwise obtain Greer’s missed evening dose; Greer also missed his next day dose because no provider followed up.
- Housing deputies (Bravo, Simms) failed to assign or notate a lower bunk despite the JIMS entry and Greer’s warnings; Greer was placed on a top bunk.
- After two missed doses Greer seized, fell ~6+ feet from the top bunk, and was unconscious; inmates activated the intercom but control deputy Campos did not respond and medical aid was delayed ~45 minutes.
- Sheriff Gore, Dr. Joshua, and Barbara Lee supervised jail medical/custodial systems, participated in the Critical Incident Review Board (CIRB), and were on notice of multiple prior in‑custody deaths and communication/follow‑up failures; a 2016 Grand Jury report identified JIMS problems.
- Procedural posture: County and Supervisory Defendants moved for summary judgment on §1983 (Monell and supervisory liability), ADA/Rehab Act, negligence, and Bane Act claims; the court denied those motions and found triable issues of fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Monell failure to train/supervise (§1983) | County had notice of systemic failures (CIRB deaths, Grand Jury) and was deliberately indifferent; inadequate training caused Greer to miss meds, bunk, and timely emergency care. | No sufficient pattern of prior constitutional violations to put County on notice; County not the moving force. | Denied — record raises triable issues that County’s training/supervision omissions caused Greer’s injuries and that County was on notice. |
| Supervisory liability (personal §1983) | Gore, Joshua, Lee knew of repeated medical/follow‑up failures via CIRB and failed to train/discipline — their inaction was culpable and caused injury. | Supervisors not personally liable for subordinate acts and entitled to qualified immunity. | Denied — triable issues on supervisors’ culpable inaction; qualified immunity rejected (clearly established law put them on notice). |
| ADA / Rehabilitation Act reasonable accommodation | Epilepsy is a disability; lower bunk was a reasonable accommodation; medical file put County on notice; failure was deliberate. | Greer did not adequately notify entity; seizure disorder not a disability as a matter of law; no intentional discrimination. | Denied — triable issues: epilepsy qualifies; file/notation provided notice; deliberate indifference issue survives. |
| State claims: negligence (respondeat superior) & Bane Act | County liable vicariously for deputies’ negligence (Campos) and for Bane Act violations; §844.6 immunity exception (failure to summon medical care) applies. | Claims barred by immunities and by alleged failure to exhaust Government Claims Act specifics. | Denied — exhaustion found sufficient; §844.6 exception for failure to summon medical care applies; Bane Act supervisory liability allowed. |
Key Cases Cited
- Monell v. Department of Social Services, 436 U.S. 658 (U.S. 1978) (municipal liability for de facto policies or failures to train/supervise)
- Castro v. County of Los Angeles, 833 F.3d 1060 (9th Cir. 2016) (deliberate indifference standard for failure to train/supervise Monell claims)
- City of Canton v. Harris, 489 U.S. 378 (U.S. 1989) (when need for training is obvious, failure to train may show deliberate indifference)
- Sandoval v. County of San Diego, 985 F.3d 657 (9th Cir. 2021) (notice for Monell failure‑to‑train can arise without prior adjudicated injury)
- Gibson v. County of Washoe, 290 F.3d 1175 (9th Cir. 2002) (medical screening indicating urgent need requires timely follow‑up)
- Akhtar v. Mesa, 698 F.3d 1202 (9th Cir. 2012) (lower‑bunk accommodation for serious medical risk)
- Clement v. Gomez, 298 F.3d 898 (9th Cir. 2002) (prison officials cannot ignore emergency calls/delay medical care)
- Duvall v. County of Kitsap, 260 F.3d 1124 (9th Cir. 2001) (ADA/Rehab Act standards for inmates; notice and deliberate indifference requirement)
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (qualified immunity framework)
- Kiman v. New Hampshire Dep't of Corr., 451 F.3d 274 (1st Cir. 2006) (failure to provide lower bunk can support prison ADA claim)