1 2 3 4 5 6 7 Elise R. Sanguinetti (SBN 191389) Jamie G. Goldstein (SBN 302479) ARIAS, SANGUINETTI, WANG & TORRIJOS, LLP 2200 Powell Street, Suite 740 Emeryville, California 94608 Telephone: (510) 629-4877 Facsimile: (510) 291-9742 elise@aswtlawyers.com jamie@aswtlawyers.com Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 TIFFANY MASTERSON, individually and as Successor in Interest of the Estate of Logan Masterson, CHRISTY MEDINA as Guardian ad Litem for Minor Plaintiff BENTLEY MASTERSON, SUZETTE SMITH as Guardian ad Litem for Minor Plaintiff BELLA MASTERSON, CHRISTY MASTERSON as Guardian ad Litem for Minor Plaintiffs HAILEY MASTERSON and CHLOE MASTERSON, 18 Plaintiffs, 19 vs. CASE NO. 19-cv-01625-PJH AMENDED COMPLAINT FOR DAMAGES 1. 2. 3. 20 21 22 23 24 25 26 27 28 COUNTY OF ALAMEDA, GREGORY J. AHERN, in his individual and official capacity, DEPUTY NICHOLAS LAGORIO, SERGEANT JOSHUA PAPE, CAROL BURTON in her individual and official capacity as Interim Director of the Alameda County Behavioral Health Services Agency, KIM CURTIS, LCSW, HAYLEY HOLLAND, AMFT, BOBBIE COOK, MFT, CALIFORNIA FORENSIC MEDICAL GROUP, SAVITHA QUADROS, RN, JANE MWANGI, RN, MELYNDA LOGAN, RN and DOES 1-20, 4. 5. 6. 7. 8. Failure to Provide Medical Care in Violation of Fourteenth Amendment; Failure to Protect from Harm in Violation of Fourteenth Amendment; Deprivation of Substantive Due Process in Violation of First and Fourteenth Amendments; Medical Malpractice; Failure to Furnish Medical Care; Negligent Supervision, Training, Hiring, and Retention; Wrongful Death; Negligence. [JURY TRIAL DEMANDED] Defendants. Page 1 AMENDED COMPLAINT FOR DAMAGES INTRODUCTION 1 2 1. This matter arises from the hanging death of Logan Masterson on April 8, 2018. Mr. 3 Masterson was arrested on April 4, 2018 related to various charges. Mr. Masterson was 4 brought to the Santa Rita Jail, where medical staff and jail staff were aware that Mr. 5 Masterson suffered from substance abuse/addiction and psychological ailments. Mr. 6 Masterson was initially placed in a safety cell and then eventually on suicide watch, 7 however, the suicide watch was discontinued, and he was moved to an isolation cell on April 8 6, 2018. Despite Mr. Masterson’s pleas for help, and known psychological ailments, Mr. 9 Masterson remained in the isolation cell without proper medical attention until he died two 10 days later on April 8, 2018. 11 2. 12 the Estate of Logan Masterson, and Mr. Masterson’s minor children BENTLEY MASTERSON, 13 BELLA MASTERSON, HAILEY MASTERSON and CHLOE MASTERSON, through their 14 respective Guardians ad litem, bring this action for damages against Defendants for civil rights 15 violations, deliberate indifference, medical malpractice, wrongful death and negligence arising 16 out of Defendants’ deliberate indifference and negligence that caused the needless suffering and 17 death of Logan Masterson and the losses to Mr. Masterson’s wife Tiffany Masterson and his four 18 children, Bentley Masterson, Bella Masterson, Hailey Masterson and Chole Masterson. Masterson’s wife TIFFANY MASTERSON, individually and as Successor in Interest of JURISDICTION AND VENUE 19 20 3. This Complaint seeks damages for violations of the civil rights, privileges, and 21 immunities guaranteed by the First and Fourteenth Amendments of the United States 22 Constitution, pursuant to 42 U.S.C. § 1983 and 1988, and for violations of California state 23 law. 24 4. This Court has jurisdiction over this lawsuit pursuant to 28 U.S.C. §§ 1331 and 1343. 25 5. This Court has supplemental jurisdiction over the state law claims asserted herein 26 pursuant to 28 U.S.C. § 1367 because the claims form part of the same case or controversy 27 arising under the United States Constitution and federal law. 28 6. Plaintiffs’ claims arose in the County of Alameda, State of California. Venue Page 2 AMENDED COMPLAINT 1 therefore lies in the Northern District of California pursuant to 28 U.S.C. § 1391(b)(2). 2 7. 3 assignment to this division because a substantial part of the events or omissions giving rise 4 to Plaintiffs’ claims occurred Alameda County, which is served by this division. Rule 3 of the Federal Rules of Civil Procedure and Local Rule 3-2(e) authorizes PARTIES 5 6 8. Plaintiff TIFFANY MASTERSON at all times mentioned herein was married to 7 Decedent Logan Masterson and residing in San Joaquin County, State of California. 8 9. 9 and a resident of San Joaquin County, State of California. At the time of death, Logan Masterson was a citizen of the United States of America 10 10. Plaintiff TIFFANY MASTERSON brings this action individually and as Successor in 11 Interest of the Estate of Logan Masterson pursuant to California Code of Civil Procedure §§ 12 377.10, et. seq. 13 11. 14 individually for violations of civil rights under the First and Fourteenth Amendments and 15 California State law. 16 12. 17 MASTERSON and CHLOE MASTERSON were the biological children of Logan Masterson. 18 Logan Masterson had not fathered or adopted any other children prior to his death. 19 13. 20 Litem Christy Medina. 21 14. 22 Suzette Smith. 23 15. 24 through their Guardian ad Litem Christy Masterson. 25 16. 26 entity, duly organized and existing under the laws of the State of California. Defendant Alameda 27 County operates and manages the County Jails including, Santa Rita Jail, through the County’s 28 management and operation of the Alameda County Sheriff’s Office (“Sheriff’s Office”), and Plaintiff TIFFANY MASTERSON, wife of Logan Masterson, brings these claims Minor Plaintiffs BENTLEY MASTERSON, BELLA MASTERSON, HAILEY Plaintiff BENTLEY MASTERSON brings this Complaint through his Guardian ad Plaintiff BELLA MASTERSON brings this Complaint through her Guardian ad Litem Plaintiffs HAILEY MASTERSON and CHLOE MASTERSON bring this Complaint Defendant COUNTY OF ALAMEDA (the “County” or “Alameda County”) is a public Page 3 AMENDED COMPLAINT 1 Alameda County Behavioral Health Care Services (“BHCS”). Defendant Alameda County is, and 2 was at all relevant times mentioned herein, responsible for the actions and/or inactions and the 3 policies, procedures, practices, and customs of the Sheriff’s Office and BHCS, and their 4 respective employees and/or agents. The County is responsible for ensuring that the basic human 5 needs of individuals in its custody are met, and for ensuring that individuals are not at risk of 6 serious harm and to ensure they receive adequate medical care. The County is also responsible for 7 ensuring that jail policies and practices do not violate prisoners’ constitutional rights. The County 8 by law possesses ultimate authority over and responsibility for the mental health care, treatment, 9 and safekeeping of inmates including decedent, Logan Masterson. Defendant GREGORY J. AHERN (“AHERN”) is and was at all times mentioned herein 10 17. 11 the elected Sheriff of the County of Alameda. As Sheriff, Defendant Ahern is and was responsible 12 for hiring, screening, training, retention, supervision, discipline, counseling and control of all 13 Alameda Sheriff’s Department custodial employees and/or agents. Defendant Ahern is and was 14 charged by law with the administration of the Santa Rita Jail, with the assistance of a small group 15 of executive officers. Defendant Ahern also is and was responsible for the promulgation of the 16 policies and procedures and allowance of the practices/customs pursuant to which the acts of the 17 Alameda County Sheriff’s Department alleged herein were committed. Defendant Ahern is being 18 sued in his individual and official capacities. 19 18. 20 mentioned herein a deputy officer and employee of Defendant Alameda County and in doing the 21 acts described herein, acted within the course and scope of his employment. 22 19. 23 a sergeant and employee of Defendant Alameda County and in doing the acts described herein, 24 acted within the course and scope of his employment. 25 20. 26 OFFICERS”. 27 21. 28 County Behavioral Health Care Services Agency. As Interim Director, BURTON is and was Defendant DEPUTY NICHOLAS LAGORIO (“Lagorio”) is and was at all times Defendant SERGEANT JOSHUA PAPE (“Pape”) is and was at al times mentioned herein Defendants LAGORIO and PAPE are hereinafter collectively referred to as “ALAMEDA DEFENDANT CAROL BURTON (“BURTON”) is the Interim Director of the Alameda Page 4 AMENDED COMPLAINT 1 responsible for the provision of mental health care in the Alameda County Jails, including Santa 2 Rita Jail. As Interim Director, Defendant Burton is and was responsible for hiring, screening, 3 training, retention, supervision, discipline, counseling and control of all BHCS employees and/or 4 agents working at the Santa Rita Jail. Defendant Burton was also responsible for the promulgation 5 of the policies and procedures and allowance of the practices/customs pursuant to which the acts 6 of BHCS alleged herein were committed. BURTON is being sued in her individual and official 7 capacities. 8 22. 9 licensed clinical social worker and an employee and/or agent of BHCS and the COUNTY and in 10 doing the acts hereinafter described, acted within the course and scope of her employment and/or 11 agency. 12 23. 13 mentioned herein a licensed marriage and family therapist and an employee and/or agent of 14 BHCS and the COUNTY and in doing the acts hereinafter described, acted within the course and 15 scope of her employment and/or agency. 16 24. 17 licensed marriage and family therapist and an employee and/or agent of BHCS and the COUNTY 18 and in doing the acts hereinafter described, acted within the course and scope of her employment 19 and/or agency. 20 25. 21 “BHCS PROVIDERS”. 22 26. 23 corporation headquartered in Monterey, California. CFMG is a private correctional health care 24 provider that services approximately 65 correctional facilities in 27 California counties. 25 27. 26 dental services for the Santa Rita Jail. At all relevant times mentioned herein, CFMG was 27 responsible for the health services provided to Logan Masterson during his detention in the Santa 28 Rita Jail. Defendant KIM CURTIS, LCSW (“CURTIS”) is and was at all times mentioned herein a Defendant HAYLEY HOLLAND, AMFT (“HOLLAND”) is and was at all times Defendant BOBBIE COOK, MFT (“COOK”) is and was at all times mentioned herein a Defendants CURTIS, HOLLAND and COOK are hereinafter collectively referred to as Defendant CALIFORNIA FORENSIC MEDICAL GROUP (“CFMG”) is a California The County of Alameda contracts with CFMG to provide medical, mental health, and Page 5 AMENDED COMPLAINT 1 28. Defendant SAVITHA QUADROS, RN, (“QUADROS”) is and was at all times mentioned 2 herein a registered nurse and an employee and/or agent of CFMG and in doing the acts 3 hereinafter described, acted within the course and scope of her employment and/or agency. 4 Defendant Quadros provided medical treatment to Mr. Masterson, which included evaluating his 5 overall health and recognizing signs of suicidal ideation. 6 29. 7 a registered nurse and an employee and/or agent of CFMG and in doing the acts hereinafter 8 described, acted within the course and scope of her employment and/or agency. Defendant 9 Mwangi provided medical treatment to Mr. Masterson, which included evaluating his overall Defendant JANE MWANGI, RN, (“MWANGI”) is and was at all times mentioned herein 10 health and recognizing signs of suicidal ideation. 11 30. 12 herein a registered nurse and an employee and/or agent of CFMG and in doing the acts 13 hereinafter described, acted within the course and scope of her employment and/or agency. 14 Defendant Logan provided medical treatment to Mr. Masterson, which included evaluating his 15 overall health and recognizing signs of suicidal ideation. 16 31. 17 as “CFMG PROVIDERS”. 18 32. 19 Plaintiffs. Plaintiffs allege that each of Defendants Does 1 through 10 were employed by or 20 agents of the County of Alameda and/or the Alameda County Sheriff’s Department and/or BHCS 21 at the time of the conduct alleged herein. Plaintiffs allege that each of Defendants Does 1 through 22 10 were deliberately indifferent to Logan Masterson’s medical needs and safety, failed to provide 23 necessary medical or psychiatric care to him or take other measures to prevent him from 24 attempting suicide, violated his civil rights, wrongfully caused his death, and/or encouraged, 25 directed, enabled and/or ordered other defendants to engage in such conduct. Plaintiffs further 26 allege that Defendants Does 1 through 10 violated Plaintiffs’ First and Fourteenth Amendment 27 rights and rights under California state law. Plaintiffs further allege that each of Defendants Does 28 1 through 10 was responsible for the hiring, screening, training, retention, supervision, discipline, Defendant MELYNDA LOGAN, RN, (“LOGAN”) is and was at all times mentioned Defendants QUADROS, MWANGI and LOGAN are hereinafter collectively referred to The true names and identities of Defendants Does 1 through 10 are presently unknown to Page 6 AMENDED COMPLAINT 1 counseling, and control of medical, mental health, and jail custody employees and/or agents 2 involved in the conduct alleges herein. 3 33. 4 Plaintiffs. Plaintiffs allege that each of Defendants Does 11 through 20 were employed by or 5 agents of California Forensic Medical Group at the time of the conduct alleged herein. Plaintiffs 6 allege that each of Defendants Does 11 through 20 were deliberately indifferent to Logan 7 Masterson’s medical needs and safety, failed to provide necessary medical or psychiatric care to 8 him or take other measures to prevent him from attempting suicide, violated his civil rights, 9 wrongfully caused his death, and/or encouraged, directed, enabled and/or ordered other 10 defendants to engage in such conduct. Plaintiffs further allege that Defendants Does 11 through 11 20 violated Plaintiffs’ First and Fourteenth Amendment rights, and rights under California state 12 law. Plaintiffs further allege that each of Defendants Does 11 through 20 was responsible for the 13 hiring, screening, training, retention, supervision, discipline, counseling, and control of medical, 14 mental health, and jail custody employees and/or agents involved in the conduct alleged herein. 15 34. 16 Defendants Does 1 through 20 have been ascertained. 17 35. 18 through 10 engaged in the acts or omissions alleged herein under color of state law. 19 36. 20 Complaint, Defendants were the agents, employees, servants, joint venturers, partners and/or co- 21 conspirators of the other Defendants named in this Complaint and that at all times, each of the 22 Defendants was acting within the course and scope of said relationship with Defendants. The true names and identities of Defendants Does 11 through 20 are presently unknown to Plaintiffs will seek to amend this Complaint as soon as the true names and identities of Defendants County, Ahern, Burton, Alameda Officers, BHCS Providers and Does 1 Plaintiffs are informed and believe and thereon allege that at all times mentioned in this 23 EXHAUSTION OF PRE-SUIT PROCEDURES 24 FOR STATE LAW CLAIMS 25 37. Plaintiffs, with the exception of Bella Masterson, filed governmental tort claims with 26 the County of Alameda on September 10, 2018. By correspondence dated September 28, 27 2019, the County of Alameda rejected the governmental tort claims on behalf of Plaintiffs. 28 Page 7 AMENDED COMPLAINT 1 38. Plaintiff Bella Masterson served an application for relief from a late claim with the 2 County dated March 27, 2019. A petition for relief from her late claim was granted on July 3 1, 2019. 4 39. 5 Alameda, Ahern, Burton, BHCS Providers, CFMG, and CFMG Providers of their intention 6 to file suit against them based on their negligence in providing professional health care 7 services, as required by Section 364 of the California Code of Civil Procedure. By correspondence dated March 25, 2019, Plaintiffs notified Defendants County of FACTUAL ALLEGATIONS 8 9 40. Defendant County of Alameda, Ahern and Burton operate and control two Jail 10 facilities in Alameda County, Glenn Dyer Detention Facility (“Glenn Dyer”) in Oakland, 11 California and Santa Rita Jail (“Santa Rita”) in Dublin California, (collectively, the “Jails”). 12 41. 13 facility provides booking, intake and custodial services for all of Alameda County. Glenn 14 Dyer also houses federal prisoners under a contract with the U.S. Marshall Service. 15 42. 16 California and the fifth largest in the nation. Santa Rita houses detainees who are either 17 awaiting adjudication of their pending criminal matters or serving a sentence determined by 18 the court. 19 Improper Use of Isolation 20 43. 21 risk of harm caused by County’s policies and practices of locking prisoners in isolation, 22 including prisoners with psychiatric disabilities, for prolonged periods of time. Over the last 23 several decades, mental health and correctional experts have documented the harmful effects 24 of prolonged isolation. Common side effects of prolonged isolation include anxiety, panic, 25 withdrawal, hallucinations, self-mutilation, and suicidal thoughts and behaviors. Due to these 26 side effects, prolonged isolation is known to worsen existing psychiatric disabilities and can 27 cause prisoners without pre-existing psychiatric disabilities to develop them. Glenn Dyer is a 20-level, 234,000 square foot, maximum-security lock-up. The Santa Rita is considered a “mega-jail” and ranks as the third largest facility in County, Ahern and Burton are deliberately indifferent to the substantial and obvious 28 Page 8 AMENDED COMPLAINT 1 44. Placement in isolation imposes an atypical and significant hardship on the prisoner in 2 relation to the ordinary incidents of incarcerated life, so as to create a liberty interest 3 protected by due process. County, Ahern and Burton fail to provide an adequate process to 4 protect that liberty interest. Despite the harmful and punitive conditions in these units, 5 County, Ahern and Burton lack an effective, accurate classification system to determine who 6 gets placed in isolation. Prisoners are placed in isolation indefinitely, with some individuals 7 held in isolation for years while they resolve pending criminal cases. County and Ahern offer 8 prisoners no meaningful way to challenge their placement in isolation, despite purporting to 9 conduct regular review of these placements. 10 45. County and Ahern use multiple terms to refer to isolation including Administrative 11 Isolation, Disciplinary Isolation, and Temporary Isolation. County and Ahern also use the 12 term “Special Cells” to refer to isolation cells and safety cells. Individuals housed in these 13 areas are referred to as “Special Management Inmates.” Class I Special Management Inmates 14 are defined to include all prisoners in Administrative Isolation, Disciplinary Isolation, 15 Temporary Isolation, Protective Custody, all prisoners assigned to the Behavioral Health 16 units and all prisoners in isolation cells. Class II Special Management Inmates are defined as 17 individuals on IOL status. Housing Units may also have isolation cells specific to those 18 units. Plaintiffs refer to all of the above housing statuses, collectively, as “isolation.” 19 46. 20 Administrative Isolation. Prisoners on Administrative Isolation are housed alone in a cell and 21 are only permitted to go outside of their cell alone for extremely limited periods of time, 22 further depriving them of any social interactions. 23 47. 24 are related to an individual’s psychiatric disabilities. Disciplinary Isolation is defined in 25 Defendants’ policies as “punitive segregation from the general jail population and restricted 26 privileges for an inmate who has committed a serious rule violation.” Individuals in 27 Disciplinary Isolation are permitted to leave their cells for up to one hour a day, five days a 28 week. There is no cap on the use of Disciplinary Isolation and prisoners may be held in Approximately 10% of all prisoners at Santa Rita are housed in what is known as County and Ahern use isolation as a form of punishment, including for behaviors that Page 9 AMENDED COMPLAINT 1 Disciplinary Isolation for more than 30 days, even for a single rule violation, where 2 authorized by the Commanding Officer at the Jails. 3 48. 4 various housing units in the jails, including, men’s Housing Unit 02, for 22 or 23 hours or 5 more per day. Prisoners housed in Administrative Segregation, including those with serious 6 psychiatric disabilities, are sometimes kept in their cells between 23 and 24 hours per day, 7 sometimes only being let out of their cells to use the dayroom for one hour every other day. 8 In these units, this scant dayroom time is the only chance people have to shower, make 9 phone calls, or order commissary. All of the beds in these units are located in locked cells County and Ahern control housing assignments and house prisoners in isolation in 10 and prisoners are typically required to eat meals in their cells as well. 11 49. 12 occupancy cells and cannot have conversations with other individuals unless they speak into 13 the vents in their cells, or shout loudly enough for people to hear through the cell walls and 14 doors. 15 50. 16 placements and do not provide prisoners with meaningful methods to understand why they 17 have been placed in isolation and how they can be removed from isolation. 18 51. 19 prisoners with psychiatric disabilities. County, Ahern and Burton have not modified their 20 policies and procedures to accommodate people with such disabilities so that they do not 21 suffer harm and worsening of their pre-existing disabilities, from isolation. 22 52. 23 disabilities in highly restrictive isolation units because of their disabilities and without 24 offering reasonable modifications that would permit them to be housed in less restrictive 25 areas. As a result, County, Ahern and Burton deny prisoners with psychiatric disabilities 26 with meaningful access to the Jails’ programs, services, and activities. Per the Jails’ policies, 27 prisoners categorized as “mentally disordered” and prisoners on IOL for suicidal tendencies, 28 bizarre behavior, psychotropic medication, or medical observation must be housed in special Prisoners held in Administrative Segregation units are typically locked in single- County, Ahern and Burton do not conduct meaningful or effective review of isolation Prolonged isolation is harmful to all prisoners, but it is particularly harmful for County, Ahern and Burton have a policy of locking prisoners with psychiatric Page 10 AMENDED COMPLAINT 1 management units (which includes the Behavioral Health units), maximum security units, or 2 in the Outpatient 3 significantly reduced, or non-existent, access to educational and rehabilitative programming 4 compared to that available to their non-disabled peers. Prisoners with psychiatric disabilities 5 held in these units may receive as little as five hours of time outside of their cell per week, 6 far less than their non-disabled peers. 7 53. 8 results from psychiatric disabilities and the lack of adequate mental health care at the Jails. 9 As a result, County and Ahern lock people with psychiatric disabilities in isolation, including 10 in safety cells, for nonconforming and erratic behaviors related to their psychiatric 11 disabilities without exploring whether less restrictive options or alternatives could resolve 12 the behaviors. This policy and practice deprive inmates with psychiatric disabilities of access 13 to the programs, services, and activities available in the less restrictive units. The restrictive 14 conditions and lack of programming options in the Administrative Segregation and 15 Behavioral Health Units serve only to worsen these disability-related behaviors. Instead of 16 providing treatment, however, County, Ahern and Burton respond by locking prisoners in 17 isolation for even longer periods of time. 18 54. 19 without psychiatric disabilities or provide sufficient mental health services to prisoners 20 locked in isolation. This is despite the well-known medical and mental health dangers of 21 locking people in their cells for prolonged periods of time. 22 55. 23 housed in isolation. This is below any acceptable corrections standard including the 24 standards set by the American Correctional Association which require that prisoners are 25 provided with at least one hour a day outside of their cells. This level of isolation is harmful 26 to the mental and physical health of any prisoner but is especially dangerous for prisoners 27 with mental illness. housing Unit – all of which are highly restrictive units that provide County and Ahern’s disciplinary process fails to take into account behavior which Defendants County, Ahern, Burton and CFMG also fail to monitor prisoners with and By policy, the County requires only five hours a week of out of cell time for prisoners 28 Page 11 AMENDED COMPLAINT 1 56. Prisoners in the isolation units, including in Administrative Segregation and in the 2 Behavioral Health units are rarely, if ever, permitted to go outside and are deprived of 3 adequate opportunities to exercise. Exercise opportunities at the County Jails are well below 4 all established detention standards. See Cal. Code Regs. tit. 15 § 1065 (requiring 3 hours of 5 “exercise” per 7 days); Cal. Code Regs. tit. 15 § 1006 (“‘Exercise’ means physical exertion 6 of large muscle groups.”); Cal. Code Regs. tit. 24 § 1231.2.10 (defining exercise area 7 minimum of at least one exercise area of not less than 600 sq. ft.). 8 57. 9 structured programming, conditions in the isolation units are deplorable. Some prisoners 10 with inadequately treated mental illnesses smear themselves and the walls of their cell with 11 excrement. The smell of feces pervades throughout the units. These unsanitary conditions are 12 compounded by the failure to provide soap to prisoners who cannot afford to purchase soap, 13 and by custody staff’s failure to distribute adequate cleaning supplies to prisoners or provide 14 sufficient time to allow prisoners to clean their cells. County and Ahern also serve prisoners 15 bland and extremely repetitive meals with little nutritional value which are frequently 16 contaminated with rocks, plastic, and rodent feces. 17 58. 18 psychiatric disabilities will have their condition decompensate when placed in isolation. A 19 significantly disproportionate percentage of suicides occur in isolation units. Because of the 20 risks posed by isolation to prisoners with psychiatric disabilities, a consensus has been 21 reached in mental health correctional communities that prisoners with psychiatric disabilities 22 should only be placed in isolation if absolutely necessary. In addition, if prisoners with 23 mental illness are placed in isolation, there must be limits on the amount of time they remain 24 in such units, they must be monitored closely, and they must be provided with significant 25 structured and unstructured out-of-cell time. 26 59. 27 with mental illness placed in isolation should remain in isolation. Adding to the harmful effects of isolation, lack of outdoor exercise, and lack of The conditions in isolation significantly increase the risk that prisoners with County, Ahern and Burton lack policies and practices to revaluate whether prisoners 28 Page 12 AMENDED COMPLAINT 1 60. County’s policy for conducting safety checks is inadequate to ensure the safety of 2 prisoners with serious mental illness in Administrative Segregation units and in the 3 Behavioral Health Units. County and Ahern have a policy requiring safety checks once every 4 half hour in isolation units, but fail to follow this policy and frequently fail to conduct 5 appropriate checks at intermittent and unpredictable times. County, Ahern, Lagorio and 6 Pape’s 7 observation that is sufficient to assess the prisoner’s well-being and behavior. County, 8 Ahern, Lagorio and Pape fail to utilize verbal interaction as a part of their safety checks even 9 when visual observation of the subject prisoner is obscured or circumstances otherwise 10 demonstrate reason for concern about the prisoner’s well-being and behavior. As a result, 11 prisoners in isolation are placed at an increased risk of harm. 12 61. 13 checks is exacerbated by severe understaffing of custody deputies at the Jails. 14 62. 15 administrative isolation units, including prisoners with psychiatric disabilities placed Mr. 16 Masterson at risk prior to his suicide and contributed to his suicide because County, Ahern, 17 Lagorio and Pape failed to conduct meaningful safety checks. 18 63. 19 for vocational, recreational, educational, and religious programming, being housed in a small 20 cramped and filthy cell have caused prisoners at the Jails, including prisoners with 21 psychiatric disabilities, serious physical and psychological harm and puts them at substantial 22 risk of significant harm. 23 Failure to Provide Minimally Adequate Mental Health Care 24 64. 25 obligation to provide adequate mental health care to prisoners in the Jails. County, Ahern, 26 Burton, Curtis, Holland and Cook are deliberately indifferent to the fact that their failure to 27 provide adequate mental health care subjects prisoners to a substantial risk of deteriorating 28 psychiatric conditions, extreme and unnecessary anguish, suffering and death. County, performance of safety checks is perfunctory and does not include direct visual Custody staff, including Lagorio and Pape’s failure to perform adequate welfare County and Ahern’s inadequate policies and procedures for monitoring prisoners in The cumulative effect of prolonged isolation, along with the denial of opportunities County, Ahern, Burton, Curtis, Holland and Cook, failed to meet their constitutional Page 13 AMENDED COMPLAINT 1 Ahern, Burton, Curtis, Holland and Cook exacerbate the psychological trauma experienced 2 by prisoners with serious mental health conditions who are housed in isolation, including in 3 safety cells, by failing to provide them with necessary mental health care. As a result, their 4 disabilities worsen and their disability-related behaviors escalate, causing them to be kept in 5 isolation longer. 6 65. 7 Curtis, Holland and Cook. 8 66. 9 professionals and medications, inside or outside of the Jails. Accordingly, prisoners cannot 10 receive any mental health care services, including psychotropic medication, group and 11 individual therapy, and suicide intervention, unless Defendants County, Ahern, Burton, 12 Curtis, Holland, Cook, CFMG, Quadros, Mwangi and Logan provide them. 13 67. 14 and medical care staff on how to provide appropriate and timely mental health care. The lack 15 of training is evident from the numerous incidents in which prisoners’ health and lives have 16 been, and continue to be, placed at risk as a result of the deficient mental health care 17 provided in the Jails. As a result of a lack of adequate training, custody and health care staff 18 including Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi and Logan, fail to: (a) 19 provide timely and appropriate mental health screening; (b) track and monitor prisoners with 20 psychiatric disabilities; (c) properly administer and monitor psychotropic medications; (d) 21 recognize and properly refer prisoners exhibiting signs and symptoms of psychiatric 22 disabilities to mental health staff; (e) respond adequately to prisoners who are suicidal; (f) 23 appropriately house prisoners with serious mental illness in the least restrictive setting 24 appropriate to their needs; (g) properly respond to prisoners’ requests for mental health care 25 or provide appropriate follow-up care; (h) provide confidential spaces for mental health 26 treatment; (i) maintain accurate and complete mental health records; and fail to (j) provide 27 appropriate re-entry services for prisoners with psychiatric disabilities to allow them to 28 properly continue their mental health care. Mental health care in the Jails is provided by or through County, Ahern, Burton, County, Ahern, Burton and CFMG control prisoners’ access to mental health care County, Ahern, Burton and CFMG failed to adequately train custody, mental health Page 14 AMENDED COMPLAINT 1 68. County, Ahern, Burton and CFMG’s policies and practices for mental health 2 screening and tracking are inadequate. County, Ahern, Burton, Curtis, Holland, Cook, 3 CFMG, Quadros, Mwangi and Logan fail to adequately identify, track, and treat the mental 4 health problems of newly arriving prisoners with psychiatric disabilities during the screening 5 and intake process. County, Burton, Curtis, Holland, Cook, CFMG, Quadros, Mwangi and 6 Logan failure to identify and initiate adequate mental health treatment via the Jails’ intake 7 process places prisoners arriving at the Jails with psychiatric disabilities at a significant risk 8 of serious harm, including death. 9 69. When a prisoner is newly booked into the Jail, the first step of the intake process 10 involves custody or medical staff, including Quadros, Mwangi and Logan, completing a brief 11 one-page general health screening form, called a Medical Intake Triage/Receiving Screening 12 form, through a cursory interview conducted with the prisoner in a non-confidential area of 13 the Jail. After the initial screening, newly booked prisoners are typically interviewed by a 14 member of the medical staff, including Quadros, Mwangi and Logan. Mental health staff 15 from BHCS play no role in this process. 16 70. 17 psychiatric disabilities. Upon information and belief, County, Ahern, Burton and CFMG do 18 not track the numbers of prisoners with psychiatric disabilities or their specific housing 19 locations and/or disability-related needs. 20 71. 21 staff is adequately trained to recognize signs and symptoms of mental illness, and to refer 22 prisoners who exhibit such signs and symptoms to mental health staff. As a result, custody 23 staff and medical staff, including Lagorio, Pape, Quadros, Mwangi and Logan, fail to make 24 appropriate referrals and prisoners who exhibit symptoms of mental illness are not timely 25 treated. 26 72. 27 Curtis, Holland, Cook, Quadros, Mwangi and Logan, the encounters are superficial, and non- 28 confidential. The encounters are also extremely brief, usually lasting only around five By custom and policy, there is poor coordination of care for prisoners with Upon information and belief, by custom and policy, neither medical nor corrections When prisoners interact with medical staff and mental health clinicians, including Page 15 AMENDED COMPLAINT 1 minutes. No therapy is provided. Clinicians typically ask little more than “are you suicidal?” 2 and “have you been taking your medications?”. 3 73. 4 provide adequate and timely mental health care to prisoners who are experiencing psychiatric 5 crisis. 6 74. 7 Mwangi and Logan fail to timely respond to emergency calls for help from prisoners in 8 crisis. While the cells at Santa Rita are equipped with call buttons, many are non-functional 9 or go ignored by custody staff when activated by prisoners in crisis County, Burton, Curtis, Holland, Cook, CFMG, Quadros, Mwangi and Logan fail to County, Ahern, Lagorio, Pape, Burton, Curtis, Holland, Cook, CFMG, Quadros, 10 75. County, Ahern, Lagorio, Pape, Burton, Curtis, Holland, Cook, CFMG, Quadros, 11 Mwangi and Logan fail to identify, treat, track, and supervise prisoners who are at risk for 12 suicide. County, Ahern, Lagorio, Pape, Burton, Curtis, Holland, Cook, CFMG, Quadros, 13 Mwangi and Logan’ policies and practices for screening, supervising, and treating prisoners 14 at risk for suicide are inadequate. 15 76. 16 treatment programs have had tragic consequences. According to figures maintained by the 17 California Department of Justice, from 2014 to 2017 at least 30 individuals have died while 18 incarcerated in the Jails. Of those deaths, 12 were classified as suicides. Sin ce 2017, there 19 has been at least one suicide and many more attempted suicides at the Jails. The rate of 20 suicides at the Jail is nearly twice the national average for jail facilities. 21 77. 22 train custody staff to identify prisoners who are at risk of suicide and respond appropriately 23 to prisoners who are exhibiting suicidal tendencies, putting them at increased risk of harm. 24 This is especially problematic because custody staff, both during the intake process and for 25 the duration of a prisoner’s time in the Jail, have the primary responsibility for alerting 26 mental health staff when a prisoner is suicidal. 27 78. 28 are at risk for suicide. These shortcomings in County, Ahern, Burton and CFMG suicide prevention and Upon information and belief, County, Ahern, Burton and CFMG do not adequately County, Ahern, Burton and CFMG routinely fail to identify and track prisoners who Page 16 AMENDED COMPLAINT 1 79. County and Ahern routinely house suicidal and seriously mentally ill prisoners in 2 conditions that result in further deterioration of their mental health in violation of standards 3 of minimally adequate mental health care and basic human dignity. Rather than individually 4 determining the least restrictive environment in which a suicidal prisoner can be safely 5 housed, County and Ahern have a policy and practice of placing prisoners with serious 6 psychiatric disabilities in safety cells. The safety cells are single cells with no furnish ings, 7 toilets, or (in most cases) windows for outside light. The only features of the cell are t he 8 door, which has a slot through which food can be delivered, and a grate in the floor that 9 serves as the toilet. Without toilet paper in these cells, and no way to wash, feces makes its 10 way across the cell, on the floors, and walls. When housing a prisoner in a safety cell, 11 County and Ahern routinely remove all of the prisoner’s clothing, leaving the prisoner naked 12 in the room. In some instances, County and Ahern permit a prisoner to have a tear-proof 13 smock to wear and nothing else. There is no mattress or pad, let alone a bed, in the safety 14 cells for prisoners to sit or sleep on. Prisoners are thus forced to sit, sleep, and eat on the 15 same cold, dirty floor on which the grate for the toilet is located. County and Ahern’s 16 improper use of safety cells places prisoners with psychiatric disabilities at an increased and 17 unreasonable risk of harm. 18 80. 19 and are not cleaned sufficiently once a prisoner is released from the cell. These conditions 20 are traumatic for all prisoners, but especially for those who are already experiencing severe 21 mental health symptoms. Suicidal prisoners perceive the safety cells as a method of 22 punishment which dissuades them from telling staff they are suicidal. 23 81. 24 exacerbate the psychological trauma prisoners with psychiatric disabilities experience in 25 isolation by failing to provide them with necessary mental health care while they are there. 26 These prisoners do not receive sufficient contact with mental health providers (if they 27 receive mental health care at all). And, the harsh conditions of their confinement render less 28 effective the minimal treatment they do receive. As a result, they are put at an increased risk The safety cells are rarely cleaned when a prisoner is being housed in one of the cells County, Ahern, Burton, Curtis, Holland, Cook, CFMG, Quadros, Mwangi and Logan Page 17 AMENDED COMPLAINT 1 of harm because the conditions in isolation can cause their symptoms, including suicidality, 2 to escalate and force them to stay in isolation even longer. 3 82. 4 health care staff are consulted prior to placing a prisoner in a safety cell and before a 5 prisoner is released from a safety cell. 6 83. 7 Mwangi and Logan fail to adequately follow up with, monitor, and treat prisoners who have 8 been released from safety cells, including Logan Masterson who committed suicide while 9 housed in isolation in Housing Unit 02 fewer than 36 hours after being released from a safety County, Ahern, Burton and CFMG fail to ensure by policy and practice that mental County, Ahern, Lagorio, Pape, Burton, Curtis, Holland, Cook, CFMG, Quadros, 10 cell, where he had been placed due to suicidality. 11 84. 12 caused by inadequate suicide prevention and treatment policies and practices in the Jails, but 13 have failed to take steps to prevent, or even to diminish, the harmful effects of these 14 unlawful policies and practices. County, Ahern, Burton and CFMG are thus deliberately 15 indifferent to the risk of harm to prisoners created by their failure to operate a 16 constitutionally adequate suicide prevention and treatment program. 17 85. 18 respond to prisoners’ requests for psychiatric evaluations and treatment, to adequately 19 screen, track, monitor, and provide follow-up care to prisoners who are suffering from 20 serious mental illnesses, and to provide adequate group and individual therapy. 21 86. 22 services and other programs available at the Jails. County, Ahern, Burton and CFMG have knowledge of the substantial risk of harm The Jail’s low staffing levels result in mental health care staff being unable to timely The Jail fails to staff sufficient deputies to enable prisoners to access mental health 23 24 25 Logan Masterson 26 87. 27 suicidal. Logan Masterson arrived at the Santa Rita Jail on April 4, 2018. He was intoxicated and 28 Page 18 AMENDED COMPLAINT 1 88. County, Ahern, Lagorio, Pape, Burton, Curtis, Holland, Cook, CFMG, Quadros, 2 Mwangi and Logan knew Mr. Masterson had a history of mental health disorders including 3 depression, schizophrenia and bipolar disorder and treatment with psychotropic medications as 4 evidenced repeatedly by prior incarceration records dating back over a span of more than seven 5 years prior to his death. 6 89. 7 Mwangi and Logan also knew Mr. Masterson had a history of suicidal ideation as was 8 confirmed in numerous prior Santa Rita medical and Jail records over a span of more than seven 9 years prior to his death. County, Ahern, Lagorio, Pape, Burton, Curtis, Holland, Cook, CFMG, Quadros, 10 90. On April 4, 2018, the intake/receiving screening form confirmed Mr. Masterson had 11 mental health issues including bipolar disorder and schizophrenia. 12 91. 13 to Mr. Masterson’s need for mental health care and signs of suicidal ideation as evidenced by her 14 complete failure to acknowledge his history of mental health disorders and suicidal ideation. 15 Quadros noted on the screening assessment that Mr. Masterson had no history of mental health 16 hospitalizations, no past or present diagnoses of mental health illness, no history of outpatient 17 treatment, no prior placements on suicide watch, no prior attempts at suicide and no known 18 psychiatric history. This was all despite numerous reports to the contrary in Mr. Masterson’s jail 19 and medical records. The CFMG medical providers perform the initial intakes at the jail. If the 20 medical provider does not advise of the need for mental health evaluation, none is performed. 21 Quadros ignored the signs and symptoms of Mr. Masterson’s suicidal thoughts and failed to alert 22 mental health staff. She also failed to document any of the signs or symptoms of suicidal ideation 23 that he was exhibiting. 24 92. 25 Masterson’s protected rights when failing to acknowledge his mental health history including 26 diagnoses of bipolar disorder, schizophrenia, depression, use of psychotropic medications, prior 27 mental health screenings, ignoring past suicide attempts or suicidal ideation, ignoring signs of 28 suicidal ideation at intake and failing to refer Mr. Masterson to mental health services. Had she On April 5, 2018, Quadros examined Mr. Masterson. Quadros was deliberately indifferent Quadros’ conduct was intentional and involved reckless or callous indifference to Mr. Page 19 AMENDED COMPLAINT 1 properly assessed Mr. Masterson, her observations and assessment would have noted the serious 2 state Mr. Masterson was in and confirmed the need for a mental health exam, placement on 3 suicide watch and not be placed in an isolation cell. 4 93. 5 despite his known mental health history and his mental health symptoms. These included Mr. 6 Masterson refusing to dress, stating he had schizophrenia, stating people were out to get him, 7 attempting to escape from an area of the jail and sitting on the toilet with his pants down, rocking 8 and talking to himself. Curtis confirmed CFMG and Quadros did not refer Mr. Masterson or alert 9 Curtis to the need for mental health screening. On April 5, 2018, Curtis examined Mr. Masterson but did not place him on suicide watch, 10 94. On April 5, 2018, Holland examined Mr. Masterson. She advised that he had a history 11 with behavioral health during prior incarcerations. She confirmed Mr. Masterson was refusing to 12 dress, endorsing he had schizophrenia, stating someone was out to get him, attempted to escape 13 and sitting on the toilet with his pants down, rocking and talking to himself. Holland was 14 deliberately indifferent to signs Mr. Masterson was exhibiting that he was suicidal. She ignored 15 his signs and symptoms and instead waited for deputies to move Mr. Masterson to suicide watch 16 after he stated he wanted to kill himself and others wanted to kill him. 17 95. 18 Masterson’s protected rights when ignoring multiple signs of mental break down, suicidal 19 ideation, ignoring his mental illness history including schizophrenia, bipolar disorder, a history of 20 suicidal ideation, prior suicide attempt, a history of prescription medication for mental illness and 21 based on all of the signs never initiated a suicide watch. Further, she never performed any 22 meaningful mental health assessment or scheduled a follow-up exam despite Mr. Masterson’s 23 signs of suicidal ideation. Holland’s conduct only added to the lack of mental health care and 24 complete failure to properly assess Mr. Masterson. Had she properly assessed Mr. Masterson, her 25 observations and assessment would have noted the serious state Mr. Masterson was in and 26 confirmed the need for him to remain on suicide watch and not be placed in an isolation cell. 27 96. 28 himself, wanted to kill himself and thought the deputies wanted to kill him. She noted though that Holland’s conduct was intentional and involved reckless or callous indifference to Mr. On April 5, 2018, Cook examined Mr. Masterson. He was suicidal, smeared feces on Page 20 AMENDED COMPLAINT 1 Mr. Masterson denied suicidal ideation. Cook was deliberately indifferent to Mr. Masterson’s 2 serious mental health needs as she ignored the overwhelming signs that he was suicidal and 3 instead noted that he denied suicidal ideation. 4 97. 5 Masterson’s protected rights when she chose to listen to Mr. Masterson and note he was not 6 suicidal instead of using her medical knowledge and training to perform a proper mental health 7 exam. This was especially true in light of Mr. Masterson’s mental health history including 8 schizophrenia, bipolar disorder, a history of suicidal ideation, prior suicide attempt and a history 9 of prescription medication for mental illness. Cook’s conduct only added to the lack of mental 10 health care and complete failure to properly assess Mr. Masterson. Had she properly assessed Mr. 11 Masterson, her observations and assessment would have noted the serious state Mr. Masterson 12 was in and confirmed the need for him to remain on suicide watch and not be placed in an 13 isolation cell. 14 98. 15 was deliberately indifferent to Mr. Masterson’s need for mental health care as evidenced by her 16 complete failure to acknowledge his history of mental health disorders and signs he was 17 exhibiting of suicidal ideation. Mwangi noted on her assessment that Mr. Masterson had no 18 known psychiatric history. This was all despite numerous reports to the contrary in Mr. 19 Masterson’s jail and medical records. Mwangi ignored the signs and symptoms of Mr. 20 Masterson’s suicidal thoughts and failed to alert mental health staff. 21 99. 22 Masterson’s protected rights when failing to acknowledge his mental health history during 23 multiple visits. She completely ignored his grave condition and the reason for it when ignoring 24 his mental health history including diagnoses of bipolar disorder, schizophrenia, depression, use 25 of psychotropic medications, prior mental health screenings, ignoring past suicide attempts or 26 suicidal ideation, ignoring signs of suicidal ideation on April 6, 2018 and failing to provide her 27 findings to mental health services. Had she properly assessed Mr. Masterson, her observations Cook’s conduct was intentional and involved reckless or callous indifference to Mr. On April 6, 2018, Mwangi examined Mr. Masterson on at least two occasions. Mwangi Mwangi’s conduct was intentional and involved reckless or callous indifference to Mr. 28 Page 21 AMENDED COMPLAINT 1 and assessment would have noted the serious state Mr. Masterson was in and confirmed the need 2 for him to remain on suicide watch and not be placed in an isolation cell. 3 100. 4 Mr. Masterson’s need for mental health. While she noted that he had a history of mental health 5 issues, she ignored the signs and symptoms of Mr. Masterson’s suicidal thoughts and failed to 6 alert mental health staff. She further failed to acknowledge any signs that he was suicidal. Logan 7 instead attributed his behavior to DTS and completely ignored his history of mental illness, 8 suicidal ideation and attempted suicide. 9 101. On April 6, 2018, Logan examined Mr. Masterson. Logan was deliberately indifferent to Logan’s conduct was intentional and involved reckless or callous indifference to Mr. 10 Masterson’s protected rights when failing to acknowledge his signs of suicidal ideation, which 11 should have been noted and reported to mental health staff so they were aware of the seriousness 12 of his mental state. Attributing his state to DTS and completely ignoring his mental health history 13 downplayed the seriousness of his mental state and was a complete failure in providing an 14 adequate picture of his status so he could receive proper treatment. Had she properly assessed Mr. 15 Masterson, her observations and assessment would have noted the serious state Mr. Masterson 16 was in and confirmed the need for mental health care, continued placement on suicide watch and 17 that an isolation cell was not appropriate for Mr. Masterson. 18 102. 19 behavior and suicidal ideation, however, she determined he was being “cooperative” and removed 20 him from suicide watch. Curtis was deliberately indifferent to Mr. Masterson’s mental status and 21 need for mental health care as she ignored that Mr. Masterson stated he wanted to kill himself just 22 hours earlier and instead removed him from suicide watch because he was “cooperative” based on 23 a deputy’s observation. Curtis was further deliberately indifferent to Mr. Masterson’s signs of 24 being suicidal as she ignored his full mental health history, which included prior attempts at 25 suicide. Curtis instead noted that he had no prior attempts. This was despite jail records noting the 26 contrary. Curtis was further deliberately indifferent as she did not plan for Mr. Masterson to have 27 any follow-up care until the following week, despite him specifically stating that he was suicidal 28 hours earlier and her noting that it was necessary to rule out the need for mental health services. On April 6, 2018 in the morning, Curtis saw Mr. Masterson. She acknowledged his Page 22 AMENDED COMPLAINT 1 103. Curtis’ conduct was intentional and involved reckless or callous indifference to Mr. 2 Masterson’s protected rights when failing to perform any meaningful mental health exam, 3 ignoring Mr. Masterson signs of suicidal ideation, ignoring his medical history which clearly 4 confirmed he had mental health problems including schizophrenia, bipolar disorder, a history of 5 suicidal ideation, prior suicide attempt and a history of prescription medication for mental illness. 6 Curtis’ conduct was further intentional and involved reckless or callous indifference when she 7 removed Mr. Masterson from suicide watch despite signs of suicidal ideation and without any 8 meaningful mental health assessment. Further, she allowed him to be placed in an isolation cell 9 knowing his mental illness history and having said he was going to kill himself just hours earlier. 10 104. Burton individually and as Interim Director was deliberately indifferent to the serious 11 mental health needs of inmates, including Mr. Masterson. She failed to properly hire, screen, 12 train, retain, supervise, discipline, counsel and control BHCS employees and/or agents working at 13 the Santa Rita Jail, including Curtis, Holland and Cook. Moreover, she failed to have adequate 14 policies and procedures in place for proper mental health screening, appreciating signs of suicidal 15 ideation, placing and evaluating inmates on suicide watch and the use of isolations cells for 16 inmates with mental illness and threats of suicide. Burton further failed to promulgate the policies 17 and procedures and allowed the practices/customs pursuant to which the acts of BHCS alleged 18 herein were committed. This was despite known problems in the jail with evaluating mental 19 illness, treating mentally ill inmates and identifying those at risk for suicide, all of which resulted 20 in suicides prior to Mr. Masterson’s. 21 105. 22 Masterson’s protected rights. She completely ignored past failures of the jail and its policies, 23 procedures and implementation related to mental illness, suicide and isolation cells and instead 24 allowed staff to continue to provide substandard services to inmates, ultimately causing death. 25 Burton further allowed Curtis, Holland and Cook to treat inmates, including Mr. Masterson in a 26 substandard manor in a life and death situation, which ultimately resulted in Mr. Masterson not 27 being assessed for mental illness, ignoring his long history of mental illness including suicidal 28 ideation and suicide attempts and ignoring signs that he wanted to kill himself. Burton’s conduct was intentional and involved reckless or callous indifference to Mr. Page 23 AMENDED COMPLAINT 1 106. CFMG acted by and through its employees and/or agents, Quadros, Mwangi and Logan, 2 with deliberate indifference to Mr. Masterson’s need for medical and mental health care as more 3 fully described above as to Quadros, Mwangi and Logan’s actions and inactions. Further, CFMG 4 failed to properly hire, screen, train, retain, supervise, discipline, counsel and control its 5 employees and/or agents working at the Santa Rita Jail, including Quadros, Mwangi and Logan. 6 Moreover, it failed to have adequate policies and procedures in place for proper intake screening 7 and medical screening for appreciating signs of suicidal ideation and other mental illness that 8 would require alerting mental health staff as well as noting the behaviors in the medical chart. 9 CFMG further failed to have proper policies in place requiring its employees and/or agents to 10 verify known past medical history at the time of intake and during follow-up exams. This 11 complete failure caused Quadros, Mwangi and Logan to repeatedly miss and fail to appreciate the 12 dire situation Mr. Masterson was in prior to his death. CFMG further failed to promulgate the 13 policies and procedures and allowed the practices/customs pursuant to which the acts of CFMG 14 alleged herein were committed. This was despite known problems in the jail with evaluating 15 mental illness, treating mentally ill inmates and identifying those at risk for suicide, all of which 16 resulted in suicides prior to Mr. Masterson’s. 17 107. 18 in Housing Unit 02. The conditions in the isolation unit placed Mr. Masterson at increased risk of 19 harm, including suicide. Despite this, Mr. Masterson was housed alone in a single cell containing 20 a bunk bed and hanging points. 21 108. 22 needs of Mr. Masterson. They failed to have proper policies and procedures in place to recognize 23 inmates, including Mr. Masterson, serious needs for immediate mental health intervention. This 24 was despite prior suicides in the jail and knowing the serious danger of placing a person with 25 mental health and psychological problems in an isolation cell, especially when the person was 26 showing signs of suicidal ideation. 27 109. 28 Masterson’s serious health needs. Mr. Masterson presented to these six medical providers who all The morning of April 6, 2018, Mr. Masterson was rehoused to Administrative Segregation County, Ahern, Burton and CFMG were deliberately indifferent to the serious health Curtis, Holland, Cook, Quadros, Mwangi and Logan were deliberately indifferent to Mr. Page 24 AMENDED COMPLAINT 1 ignored his past mental health problems, previous suicidal ideation, prior suicide attempt and 2 signs he was displaying on April 5 and 6, 2018 that were warnings he was suicidal. Instead, they 3 ignored his health needs, failed to record the serious signs of suicidal ideation and allowed Mr. 4 Masterson to be removed from suicide watch and placed in an isolation cell. 5 110. 6 responded. County, Ahern, Burton Curtis, Holland and Cook ignored his pleas for help. Curtis, 7 Holland and Cook failed to ever follow-up with Mr. Masterson. 8 111. 9 were not timely performed and when performed they were inadequate, including an obstructed While Mr. Masterson was in isolation, he asked for mental health assistance, but no one General observation checks were to be performed every half hour, however, the checks 10 view not allowing the deputy to properly visualize Mr. Masterson 11 112. 12 was observed engaging in strange behavior, flooding his cell by clogging the toilet and/or sink in 13 his cell and causing water to pool inside his cell and leak out into the area surrounding his cell. At 14 that time, Mr. Masterson had also partially covered the window into his cell with wet toilet paper. 15 Custody officers, including Pape and Lagorio, observed this behavior, but did not contact mental 16 health staff, intervene, or question Mr. Masterson about his mental state. Instead, custody staff 17 simply ordered the water to be turned off in Mr. Masterson’s cell. 18 113. 19 and was dangerously cursory and superficial. Lagorio’s view was obstructed, and he was not at 20 the cell when the check was performed. Lagorio was unable to determine what Mr. Masterson 21 was doing at the time of the check. Despite having no clear view of Mr. Masterson, despite the 22 horrific condition of Mr. Masterson’s cell, despite Mr. Masterson’s bizarre behavior including 23 flooding his cell, and despite Mr. Masterson’s having been on suicide watch fewer than 36 hours 24 earlier, Lagorio did not conduct a proper check. 25 114. 26 Lagorio or Pape performed the check. Less than two hours before his suicide on April 8, 2018, at about 2:45 PM, Mr. Masterson The last welfare check that was performed prior to Mr. Masterson’s death was at 3:20pm The next safety check was required to be performed thirty minutes later, however, neither 27 28 Page 25 AMENDED COMPLAINT 1 115. Over an hour then passed without any welfare check being performed on Mr. Masterson. 2 At about 4:29 PM, Mr. Masterson was found dead in his cell. Mr. Masterson’s body was still 3 warm to the touch and was not stiff in any way. 4 116. 5 Masterson’s pleas for help and bizarre behavior and failed to remove him from isolation, place 6 him on suicide watch and contact mental health services. He failed to conduct any meaningful 7 safety check. Pape further ignored the fact that Mr. Masterson had a history of mental illness, 8 including suicide attempts and suicidal ideation. Pape allowed Mr. Masterson to remain in his 9 cell, which contained objects that could be used to commit suicide. Pape was deliberately indifferent to Mr. Masterson’s serious health needs. He ignored Mr. 10 117. Pape’s conduct was intentional and involved reckless or callous indifference to Mr. 11 Masterson’s protected rights when failing to respond to Mr. Masterson’s pleas for help, failing to 12 perform meaningful safety checks, failing to remove him from isolation, failing to place him on 13 suicide watch and failing to contact mental health services. 14 118. 15 Mr. Masterson’s pleas for help and bizarre behavior and failed to remove him from isolation, 16 place him on suicide watch and contact mental health services. He failed to conduct any 17 meaningful safety check. Lagorio further ignored the fact that Mr. Masterson had a history of 18 mental illness, including suicide attempts and suicidal ideation. Lagorio allowed Mr. Masterson to 19 remain in his cell, which contained objects that could be used to commit suicide. 20 119. 21 Masterson’s protected rights when failing to respond to Mr. Masterson’s pleas for help, failing to 22 perform meaningful safety checks, failing to remove him from isolation, failing to place him on 23 suicide watch and failing to contact mental health services. 24 120. 25 including Mr. Masterson. It failed to properly hire, screen, train, retain, supervise, discipline, 26 counsel and control its employees and/or agents working at the Santa Rita Jail, including Lagorio, 27 Pape, Curtis, Holland and Cook. Moreover, it failed to have adequate policies and procedures in 28 place for proper mental health screening, appreciating signs of suicidal ideation, placing and Lagorio was deliberately indifferent to Mr. Masterson’s serious health needs. He ignored Lagorio’s conduct was intentional and involved reckless or callous indifference to Mr. County was deliberately indifferent to the serious mental health needs of inmates, Page 26 AMENDED COMPLAINT 1 evaluating inmates on suicide watch and the use of isolations cells for inmates with mental illness 2 and threats of suicide. County further failed to promulgate the policies and procedures and 3 allowed the practices/customs pursuant to which the acts of BHCS and the Sheriff’s office alleged 4 herein were committed. This was despite known problems in the jail with evaluating mental 5 illness, treating mentally ill inmates, identifying those at risk for suicide and performing timely 6 and adequate safety checks, all of which resulted in suicides prior to Mr. Masterson’s. 7 121. 8 Mr. Masterson. He failed to properly hire, screen, train, retain, supervise, discipline, counsel and 9 control his employees and/or agents working at the Santa Rita Jail, including Lagorio and Pape. 10 Moreover, he failed to have adequate policies and procedures in place for proper mental health 11 screening, appreciating signs of suicidal ideation, placing and evaluating inmates on suicide 12 watch and the use of isolations cells for inmates with mental illness and threats of suicide. Ahern 13 further failed to promulgate the policies and procedures and allowed the practices/customs 14 pursuant to which the acts of the Sheriff’s office alleged herein were committed. This was despite 15 known problems in the jail when evaluating mental illness, treating mentally ill inmates, 16 identifying those at risk for suicide and performing timely and adequate safety checks, all of 17 which resulted in suicides prior to Mr. Masterson’s. 18 122. 19 Masterson’s protected rights. He completely ignored past failures of the jail and its policies, 20 procedures and implementation related to identifying inmates at risk for suicide and placement of 21 mentally ill patients. He instead allowed custody staff to continue to provide substandard services 22 to inmates, ultimately causing death. Further, Ahern allowed Lagorio and Pape to treat inmates, 23 including Mr. Masterson in a substandard manor in a life and death situation, which ultimately 24 resulted in Mr. Masterson not being assessed for mental illness, ignoring his long history of 25 mental illness including suicidal ideation and suicide attempts and ignoring signs that he wanted 26 to kill himself. 27 // 28 // Ahern was deliberately indifferent to the serious mental health needs of inmates, including Ahern’s conduct was intentional and involved reckless or callous indifference to Mr. Page 27 AMENDED COMPLAINT 1 CLAIMS FOR RELIEF 2 First Claim for Relief 3 Deliberate Indifference to Serious Medical and Mental Health Needs in 4 Violation of the Fourteenth Amendment to the Constitution of the United 5 States (Survival Action – 42 U.S.C. § 1983) 6 (Against All Defendants) 7 123. Plaintiffs re-allege and incorporate by reference paragraphs 1 through 122 as though fully 8 set forth herein. 9 124. County, Ahern, Burton and CFMG have inadequate policies, procedures, and practices for 10 identifying inmates in need of medical and mental health treatment and providing appropriate 11 medical and mental health treatment. County, Ahern and Burton allow medical staff to initially 12 evaluate incoming inmates for mental health concerns. County, Ahern, Burton and CFMG failed 13 to appropriately train and supervise staff regarding the provision of treatment to inmates with 14 medical and mental health issues. This is despite multiple jail deaths, including suicides. 15 125. 16 Masterson’s serious medical needs and ignored multiple signs of suicidal ideation as more fully 17 described above. 18 126. 19 when they failed to perform adequate safety checks, missed safety checks, ignored Mr. 20 Masterson’s pleas for help and his bizarre behavior, as more fully described above. 21 127. 22 and Logan have consistently demonstrated deliberate indifference to their constitutional 23 obligation to provide minimally adequate medical and mental health care to inmates in their jails. 24 County, Ahern, Burton and CFMG’s failure to correct their policies, procedures and practices, 25 despite longstanding and repeated notice of significant and dangerous deficiencies, evidences 26 deliberate indifference in the provision of medical and mental health treatment. 27 128. 28 and Logan were on notice that Mr. Masterson was in need of medical and mental health care Curtis, Holland, Cook, Quadros and Logan were deliberately indifferent to Mr. Lagorio and Pape were deliberately indifferent to Mr. Masterson’s serious medical needs County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi County, Ahern, Burton, CFMG, Pape, Lagorio, Curtis, Holland, Cook, Quadros, Mwangi Page 28 AMENDED COMPLAINT 1 based on his known history to them and his behavior at the time of his arrest and through his 2 death on April 8, 2018. 3 129. 4 failed to provide necessary medical and mental health evaluation and treatment to Mr. Masterson, 5 as more fully described above, while he was in their custody despite his history of serious mental 6 illness, obvious symptoms of a mental health crisis, and information that he was under the 7 influence of narcotics. Lagorio and Pape failed to alert medical and mental health services of Mr. 8 Masterson’s behavior and calls for mental health services. They further failed to remove him from 9 isolation despite his erratic behavior and need for mental health services. County. Ahern and 10 Burton failed to have adequate policies and procedures in place so that inmates with 11 psychological deficits and suicidal thoughts would not be placed in an isolation cell that could 12 only further deteriorate their condition. 13 130. 14 and Logan’s acts and/or omissions as alleged herein, including but not limited to their failure to 15 provide or summon appropriate medical or mental health care and to identify suicide risk, along 16 with the acts and/or omissions of County, Ahern, Burton and CFMG in failing to train, supervise 17 and/or promulgate appropriate policies and procedures in order to identify suicide risk and 18 provide treatment, constituted deliberate indifference to Mr. Masterson’s serious medical needs, 19 health and safety. 20 131. 21 Holland, Cook, Quadros, Mwangi and Logan’s conduct, Mr. Masterson experienced physical 22 pain, severe emotional distress, and mental anguish as well as loss of his life and other damages 23 alleged herein. 24 132. 25 compensatory damages against County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, 26 Cook, Quadros, Mwangi and Logan. Plaintiffs are entitled to punitive damages against Ahern, 27 Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi and Logan as the 28 aforementioned acts of Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, Quadros, County, Ahern, Burton, CFMG, Curtis, Holland, Cook, Quadros, Mwangi and Logan County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi As a direct and proximate result of County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, As a result of the injuries to Mr. Masterson, Plaintiffs have been injured and are entitled to Page 29 AMENDED COMPLAINT 1 Mwangi and Logan were conducted with conscious disregard for the safety of Mr. Masterson and 2 were therefore malicious, wanton, and oppressive. As a result, Ahern, Burton, CFMG, Lagorio, 3 Pape, Curtis, Holland, Cook, Quadros, Mwangi and Logan’s 4 exemplary and punitive damages to punish the wrongful conduct alleged herein and to deter such 5 conduct in the future. 6 133. 7 were incurred to the present and said loss will continue into the future. actions justify an award of Plaintiffs have sustained a loss of interest on the value of the damages from the date they 8 Second Claim for Relief 9 Failure to Protect from Harm in Violation of the Fourteenth Amendment to 10 the Constitution of the United States (Survival Action – 42 U.S.C. § 1983) 11 (Against All Defendants) 12 134. Plaintiffs re-allege and incorporate by reference paragraphs 1 through 133 as though fully 13 set forth herein. 14 135. 15 and Logan could have taken action to prevent unnecessary harm to Mr. Masterson but refused or 16 failed to do so. 17 136. 18 procedures concerning the adequate identification and housing of Mr. Masterson, whom they 19 knew or should have known to be at risk of self-harm and failed to have minimally necessary 20 policies and procedures concerning the adequate treatment of Mr. Masterson who they knew or 21 should have known was in need of medical and mental health attention due to risk of self-harm. 22 137. 23 procedures to protect inmates from harm. County, Ahern, Burton and CFMG failed to 24 appropriately train and supervise medical and custody staff regarding identification and handling 25 of detainees at risk of harm. With respect to Mr. Masterson, County, Ahern, Burton, CFMG, 26 Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi and Logan failed to follow even their 27 own suicide prevention procedures to identify, house, and monitor detainees at risk of self-harm. 28 Had the procedures been followed, County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi County, Ahern, Burton and CFMG failed to have minimally necessary policies and County, Ahern, Burton and CFMG failed to implement minimally sufficient policies and Page 30 AMENDED COMPLAINT 1 Holland, Cook, Quadros, Mwangi and Logan would have appreciated the signs of suicidal 2 ideation Mr. Masterson was displaying and would have kept him on suicide watch and not placed 3 him in an isolation cell. Moreover, County, Ahern, Burton, Lagorio and Pape would have 4 appreciated the signs of suicidal ideation Mr. Masterson was displaying and would have removed 5 him from the isolation cell, provided or summoned proper medical and mental health care and 6 placed him on suicide watch. 7 138. 8 and Logan have consistently demonstrated deliberate indifference to their constitutional 9 obligation to provide minimally adequate mental health and medical care to inmates in their jail. 10 County, Ahern, Burton and CFMG’s failure to correct their policies, procedures and practices, 11 despite longstanding and repeated notice of significant and dangerous deficiencies, including 12 multiple attempted and successful suicides, evidences deliberate indifference in the provision of 13 mental health and medical treatment. 14 139. 15 and Logan were specifically on notice that Mr. Masterson was in need of mental health attention 16 due to risk of harm based on his presentation at the time of his arrest as well as during his 17 incarceration based on his behavior including verbalizing potential self-harm and requesting 18 mental health services. 19 140. 20 and Logan were further on notice as Mr. Masterson was known to them along with his history of 21 psychological ailments, attempted suicide, suicide watch placements, mental health placements 22 and suicide risk. 23 141. 24 and Logan failed to provide or summon necessary mental health and medical treatment to Mr. 25 Masterson while he was in their custody and care despite his obvious signs of distress. 26 142. 27 and Logan’s acts and/or omissions as alleged herein, including but not limited to their failure to 28 take appropriate measures to protect Mr. Masterson from harm, County, Ahern, Burton and County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi Page 31 AMENDED COMPLAINT 1 CFMG failure to create minimally necessary policies and procedures ensuring proper housing for 2 inmates in distress, including those that are at risk of harm or suicide, recognizing behavior 3 associated with suicide risk and providing mental health care for inmates, along with the acts 4 and/or omissions of County, Ahern, Burton and CFMG in failing to train, supervise and/or 5 promulgate appropriate policies and procedures in order to protect Mr. Masterson from harm, 6 constituted deliberate indifference to Mr. Masterson’s serious medical needs, health, and safety. 7 143. 8 Holland, Cook, Quadros, Mwangi and Logan’s conduct, Mr. Masterson experienced physical 9 pain, severe emotional distress, and mental anguish as well as loss of his life and other damages As a direct and proximate result of County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, 10 alleged herein. 11 144. 12 compensatory damage, all according to proof at the time of trial. 13 145. 14 Quadros, Mwangi and Logan’s 15 justifying an award to Plaintiffs of exemplary and punitive damages to punish the wrongful 16 conduct alleged herein and to deter such conduct in the future, all according to proof at the time 17 of trial. 18 146. 19 were incurred to the present and said loss will continue into the future. As a result of the injuries to Mr. Masterson, Plaintiffs have been injured and are entitled to The aforementioned acts of Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, were willful, wanton, malicious, and oppressive, thereby Plaintiffs have sustained a loss of interest on the value of all damages from the date they 20 Third Claim for Relief 21 Deprivation of Substantive Due Process Rights in Violation of First and 22 Fourteenth Amendments to the Constitution of the United States – Loss of 23 Parent/Child Relationship (42 U.S.C. § 1983) 24 (Against All Defendants) 25 147. Plaintiffs re-allege and incorporate by reference paragraphs 1 through 146 as though fully 26 set forth herein. 27 148. 28 Pape, Curtis, Holland, Cook, Quadros, Mwangi and Logan in being deliberatively indifferent to The aforementioned acts and/or omissions of County, Ahern, Burton, CFMG, Lagorio, Page 32 AMENDED COMPLAINT 1 Mr. Masterson’s serious medical needs, health and safety, violating Mr. Masterson’s 2 constitutional rights, and County, Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, 3 Quadros, Mwangi and Logan’s failure to train, supervise, and/or take other appropriate measures 4 to prevent the acts and/or omissions that caused the untimely and wrongful death of Mr. 5 Masterson deprived Plaintiffs Bentley Masterson, Bella Masterson, Hailey Masterson and Chloe 6 Masterson of their liberty interest in the parent-child relationship in violation of their substantive 7 due process rights as defined by the First and Fourteenth Amendments to the United States 8 Constitution as both the First and Fourteenth Amendment protect family relationships and 9 unwarranted interference into the relationships of children and their parent. 10 149. As a direct and proximate result of the aforementioned acts and/or omissions of County, 11 Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi and Logan, 12 Plaintiffs suffered injuries and damages as alleged herein including the loss of love, 13 companionship, comfort, care assistance, protection, affection, society, moral support, training, 14 guidance and gifts of Mr. Masterson, as well as the loss of value of Mr. Masterson’s household 15 services and financial support. Plaintiffs are further entitled to recover prejudgment interest. 16 150. 17 Curtis, Holland, Cook, Quadros, Mwangi and Logan were willful, wanton, malicious, and 18 oppressive, thereby justifying an award of exemplary and punitive damages to punish the 19 wrongful conduct alleged herein and to deter such conduct in the future. 20 151. 21 were incurred to the present and said loss will continue into the future. The aforementioned acts and/or omissions of Ahern, Burton, CFMG, Lagorio, Pape, Plaintiffs have sustained a loss of interest on the value of all damages from the date they 22 Fourth Claim for Relief 23 Medical Malpractice (Survival Actions – California State Law) 24 (Against Defendants County, Carol Burton, BHCS Providers, CFMG, CFMG Providers 25 and Does 1 through 20) 26 152. Plaintiffs re-allege and incorporate by reference paragraphs 1 through 151 as though fully 27 set forth herein. 28 Page 33 AMENDED COMPLAINT 1 153. County, CFMG, Burton, Curtis, Holland, Cook, Quadros, Mwangi and Logan and Does1 2 through 20, and each of them, failed to comply with professional standards in the treatment of Mr. 3 Masterson’s serious mental illness by failing to appropriately assess and evaluate his mental 4 health and suicide risk, failing to take appropriate and timely suicide prevention measures, 5 prematurely removing Masterson from suicide watch and returning him to an unsafe cell, failing 6 to provide appropriate mental health treatment, and failing to prescribe or provide appropriate and 7 necessary psychiatric medications and ensure compliance with those medications, as more fully 8 described above. 9 154. County, CFMG and Burton and Does 1 through 20, and each of them, also failed to 10 appropriately supervise, review, and ensure the competence of medical staff’s and custody staff’s 11 provision of treatment to Mr. Masterson, and failed to enact appropriate standards and procedures 12 that would have prevented such harm to him. 13 155. 14 standards of care, Plaintiffs suffered injuries and damages as alleged herein. 15 156. 16 was committed within the course and scope of their employment. 17 157. 18 compensatory damages from Burton, Curtis, Holland, Cook, Quadros, Mwangi and Logan all 19 according to proof at trial. 20 158. 21 Logan, 22 exemplary and punitive damages to punish the wrongful conduct alleged herein and to deter such 23 conduct in the future. 24 159. 25 were incurred to the present and said loss will continue into the future. 26 // 27 // 28 // As a direct and proximate cause of this negligence and failure to meet their professional The negligent conduct of Burton, Curtis, Holland, Cook, Quadros, Mwangi and Logan As a result of the injuries to Mr. Masterson, Plaintiffs have been injured and are entitled to The aforementioned acts of CFMG, Burton, Curtis, Holland, Cook, Quadros, Mwangi and were willful, wanton, malicious, and oppressive, thereby justifying an award of Plaintiffs have sustained a loss of interest on the value of all damages from the date they Page 34 AMENDED COMPLAINT 1 Fifth Claim for Relief 2 Failure to Furnish / Summon Medical Care 3 (Survival Action – California State Law) 4 (Against County, Ahern, Burton, Curtis, Cook, Holland, Lagorio and Pape) 5 160. Plaintiffs re-allege and incorporate by reference paragraphs 1 through 159 as though fully 6 set forth herein. 7 161. 8 duty of care to provide him immediate medical and mental health care. 9 162. County, Ahern, Burton, Curtis, Cook, Holland, Lagorio and Pape owed Mr. Masterson a The conduct of County, Ahern, Burton, Curtis, Cook, Holland, Lagorio and Pape alleged 10 herein, including but not limited to the facts that County, Ahern, Burton, Curtis, Cook, Holland, 11 Lagorio and Pape knew or had reason to know that Logan Masterson was in need of immediate 12 medical and mental health care and that County, Ahern, Burton, Curtis, Cook, Holland, Lagorio 13 and Pape failed to take reasonable action to summon or provide that care, resulting in Mr. 14 Masterson’s death as alleged herein, violated California state law, including Cal. Govt. Code §§ 15 844.6 and 845.6. 16 163. 17 diagnose and treat Mr. Masterson’s expressions of suicidal ideation and instead removed him 18 from suicide watch, placed him into an isolation cell and ignored his bizarre behavior, the horrific 19 conditions of his cell and his pleas for help from mental health providers all before he ultimately 20 hung himself in his cell. Moreover, County, Ahern, Burton, Curtis, Cook, Holland, Lagorio and 21 Pape failed to conduct any adequate mental health screenings, timely monitor Mr. Masterson or 22 take any measures to appropriately treat his mental illness and monitor his health as more fully 23 described above. 24 164. 25 was committed within the course and scope of their employment. 26 165. 27 injuries and damages causing great pain and leading to his death, as alleged herein, and therefore, 28 Plaintiffs have suffered damages. County, Ahern, Burton, Curtis, Cook, Holland, Lagorio and Pape also failed to evaluate, The alleged conduct of County, Ahern, Burton, Curtis, Cook, Holland, Lagorio and Pape As a direct and proximate result of Defendants’ breach, Mr. Masterson and suffered Page 35 AMENDED COMPLAINT 1 166. As a result of the injuries to Mr. Masterson, Plaintiffs have been injured and are entitled to 2 compensatory damages from County, Ahern, Burton, Curtis, Cook, Holland, Lagorio and Pape all 3 according to proof at trial. 4 167. 5 willful, wanton, malicious, and oppressive, thereby justifying an award of exemplary and punitive 6 damages to punish the wrongful conduct alleged herein and to deter such conduct in the future. 7 168. 8 were incurred to the present and said loss will continue into the future. The aforementioned acts of Ahern, Burton, Curtis, Cook, Holland, Lagorio and Pape were Plaintiffs have sustained a loss of interest on the value of all damages from the date they 9 Sixth Claim for Relief 10 Negligent Supervision, Training, Hiring, and Retention 11 (Survival Action –California State Law) 12 (Against Defendants County, Ahern, CFMG and Does 1 through 20) 13 169. Plaintiffs re-allege and incorporate by reference paragraphs 1 through 168, as though fully 14 set forth herein. 15 170. 16 supervise, train, and retain employees and/or agents so that employees and/or agents refrain from 17 the conduct and/or omissions alleged herein. 18 171. 19 breached this duty, causing the conduct alleged herein. Such breach constituted negligent hiring, 20 supervision, training, and retention under the laws of the State of California. 21 172. 22 each of them, Mr. Masterson endured pain, suffering, physical injury and emotional distress prior 23 to his death as alleged herein. 24 173. 25 compensatory damages from County, Ahern, and CFMG all according to proof at trial. 26 174. 27 oppressive, thereby justifying an award of exemplary and punitive damages to punish the 28 wrongful conduct alleged herein and to deter such conduct in the future. County, Ahern CFMG and Does 1 through 20 and each of them, had a duty to hire, Defendants County of Alameda, Ahern CFMG and Does 1 through 20 and each of them, As a direct and proximate result of County , Ahern, CFMG and Does 1 through 20 and As a result of the injuries to Mr. Masterson, Plaintiffs have been injured and are entitled to The aforementioned acts of Ahern and CFMG were willful, wanton, malicious, and Page 36 AMENDED COMPLAINT 1 175. Plaintiffs have sustained a loss of interest on the value of all damages from the date they 2 were incurred to the present and said loss will continue in the future. 3 Seventh Claim for Relief 4 Wrongful Death – California Code Civ. Proc. § 377.60 5 (Against All Defendants) 6 176. Plaintiffs re-allege and incorporate by reference paragraphs 1 through 175, as though fully 7 set forth herein. 8 177. 9 and/or negligent acts and/or omissions of Defendants. Defendants’ acts and/or omissions thus Mr. Masterson’s death was a direct and proximate result of the aforementioned wrongful 10 were also a direct and proximate cause of Plaintiff’ injuries and damages, as alleged herein. 11 178. 12 failed to provide the necessary mental health and medical care to Mr. Masterson despite him 13 being a suicide risk, exhibiting bizarre behavior, horrific cell conditions and pleas for mental 14 health assistance. County, Ahern, Lagorio and Pape further failed to provide adequate safety 15 checks and kept Mr. Masterson in an isolated cell with hanging points and means to commit 16 suicide, despite his mental state. 17 179. 18 omissions, Plaintiff incurred expenses for funeral and burial expenses in an amount to be proved. 19 180. 20 omissions, Plaintiffs suffered the loss of the services, love, comfort, affection, society, guidance, 21 care, and protection of the decedent, as well as the loss of the present value of his future services 22 to his children. Plaintiffs are further entitled to recover prejudgment interest. 23 181. 24 Lagorio, Pape, Burton, Curtis, Holland, Cook CFMG, Quadros, Mwangi and Logan who, with 25 conscious disregard of Logan Masterson’s rights, failed to provide Logan Masterson with mental 26 health treatment services meeting the professional standard of practice and failed to adhere to the 27 legal mandates of prisoner supervision. County, Ahern, Burton, Curtis, Holland, Cook CFMG, Quadros, Mwangi and Logan As a direct and proximate result of Defendants’ wrongful and/or negligent acts and/or As a direct and proximate result of Defendants’ wrongful and/or negligent acts and/or Plaintiff Estate of Logan Masterson is entitled to recover punitive damages against Ahern, 28 Page 37 AMENDED COMPLAINT 1 182. The aforementioned acts of Ahern, Lagorio, Pape, Burton, Curtis, Holland, Cook CFMG, 2 Quadros, Mwangi and Logan were willful, wanton, malicious, and oppressive, thereby justifying 3 an award to Plaintiff of exemplary and punitive damages to punish the wrongful conduct alleged 4 herein and to deter such conduct in the future. 5 Eighth Claim for Relief 6 Negligence (Survival Actions – California State Law) 7 (Against All Defendants) 8 183. Plaintiffs re-allege and incorporate by reference paragraphs 1 through 182, as though fully 9 set forth herein. 10 184. County, Ahern, Burton, Curtis, Holland, Cook, CFMG, Quadros, Mwangi and Logan 11 failed to comply with professional standards in the treatment of Logan Masterson’s serious 12 mental illness by failing to appropriately assess and evaluate his mental health and suicide risk, 13 failed to take appropriate and timely suicide prevention measures, prematurely removed Logan 14 Masterson from suicide watch and returning him to an unsafe cell, failed to provide appropriate 15 mental health treatment and failed to prescribe or provide appropriate and necessary psychiatric 16 medications and ensure compliance with those medications.. County, Pape, Lagorio, Ahern, 17 Burton, Curtis, Holland, Cook, CFMG, Quadros, Mwangi and Logan failed to recognize Mr. 18 Masterson’s signs of distress and requests for help. County, Ahern, Burton and CFMG failed to 19 adopt the minimum policies, procedures, and training necessary to ensure identification or 20 response to an inmate in crisis. County, Ahern, Burton, Curtis, Holland, Cook, CFMG, Quadros, 21 Mwangi and Logan ignored the duties of medical staff to treat and monitor Mr. Masterson’s 22 altered mental status. Pape and Lagorio failed to complete adequate welfare checks., 23 185. 24 ensure the competence of medical staff’s and custody staff’s provision of treatment to Mr. 25 Masterson, and failed to enact appropriate standards and procedures that would have prevented 26 such harm to him. County, Ahern, Burton and CFMG also failed to appropriately supervise, review, and 27 28 Page 38 AMENDED COMPLAINT 1 186. Together, these Defendants acted negligently and improperly, breached their respective 2 duties, and as a direct and proximate result, Mr. Masterson sustained injuries and damages 3 resulting in injuries and damages to Plaintiffs as alleged herein. 4 187. 5 scope of their employment 6 188. 7 suffering, physical injury and emotional distress prior to his death as alleged herein. 8 189. 9 and burial expense. Plaintiffs have also suffered and will continue to suffer emotional distress, 10 pain, suffering, medical treatment, past and future loss of earnings and benefits, loss of familial 11 relations, loss of society, love, moral support, companionship, comfort, care, assistance, 12 protection, affection, household services, financial support and care to the extent recoverable. 13 190. 14 Quadros, Mwangi and Logan were conducted with conscious disregard for the safety of Plaintiffs 15 and others, and were therefore malicious, wanton, and oppressive. As a result, Ahern, Burton, 16 CFMG, Lagorio, Pape, Curtis, Holland, Cook, Quadros, Mwangi and Logan’s actions justify an 17 award of exemplary and punitive damages to punish the wrongful conduct alleged herein and to 18 deter such conduct in the future. 19 191. 20 were incurred to the present and said loss will continue into the future. The negligent conduct of the individual Defendants was committed within the course and As a direct and proximate result of Defendants’ failures, Mr. Masterson endured pain, Mr. Masterson also suffered a wholly preventable death, and Plaintiffs incurred funeral The aforementioned acts of Ahern, Burton, CFMG, Lagorio, Pape, Curtis, Holland, Cook, Plaintiffs have sustained a loss of interest on the value of all damages from the date they PRAYER FOR RELIEF 21 22 WHEREFORE, Plaintiffs pray for the following relief: 23 1. For general damages according to proof; 24 2. For special damages according to proof; 25 3. For compensatory damages according to proof; 26 4. For punitive and exemplary damages against each Defendant, where available, according 27 28 to proof; 5. For funeral and burial expenses, and incidental according to proof; Page 39 AMENDED COMPLAINT 1 6. For damages for loss of earning capacity and loss of earnings, according to proof; 2 7. For damages for other economic losses, according to proof; 3 8. For interest on general and special damages, as permitted by law; 4 9. For costs of suit and reasonable attorneys’ fees and costs pursuant to 42 U.S.C. § 1988, 5 and as otherwise authorized by statute or law; 6 10. For restitution as the court deems just and proper; 7 11. For such other relief as the Court may deems just and proper. DEMAND FOR JURY TRIAL 8 9 Plaintiffs hereby demand trial by jury in this action. 10 11 12 Dated: August 16, 2019 ARIAS SANGUINETTI WANG & TORRIJOS LLP 13 14 15 By: /s/ Jamie G. Goldstein ELISE R. SANGUINETTI JAMIE G. GOLDSTEIN Attorneys for Plaintiffs 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 40 AMENDED COMPLAINT