January 4, 1999
Honorable Board of Supervisors
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 900l2
Re: Joan Warren v. County of Los Angeles
Los Angeles Superior Court Case No. BC 183 082
Dear Supervisors:
The Claims Board recommends that:
1. The Board authorize settlement of the above-entitled action in the amount of $150,000.00.
2. The Auditor-Controller be directed to draw a warrant to implement this settlement from the Sheriff's Department.
Attached is the settlement request and a summary of the facts of the case.
Also attached, for your information, is a Correction Action Report submitted by the Sheriff's Department.
Return the executed, adopted copy to Frances Lunetta, Room 648 Kenneth Hahn Hall of Administration, Extension 4-1754.
Very truly yours,
Barbara N. Uyeda, Chairperson
Los Angeles County Claims Board
BNU/fsl
Attachment
M E M O R A N D U M
December 30, 1998
TO: THE LOS ANGELES COUNTY CLAIMS BOARD
FROM: DONNA BRUCE KOCH
Lawyer
RE: Joan Warren v. County of Los Angeles, et al.
Superior court Case No. BC 183 082
DATE OF
INCIDENT: December 18, 1996
AUTHORITY
REQUESTED: $150,000
COUNTY
DEPARTMENT: Sheriff
_______________________________________________________________
CLAIMS BOARD ACTION:
_ Approve _ Disapprove _ Recommend to Board
of Supervisors for
Approval
, Chief Administrative Office
BARBARA N. UYEDA
, County Counsel
LLOYD W. PELLMAN
, Auditor-Controller
MICHAEL L. GALINDO
on , 1999
Joan Warren
Claims Board Memorandum
December 30, 1998
SUMMARY
This is a recommendation to settle for $150,000 a federal civil rights wrongful death lawsuit against the County of Los Angeles, the Sheriff, and various officials of the Sheriff's Department. The lawsuit by Joan Warren, the mother of decedent Anthony O'Connor, seeks damages for her son's suicide while he was in the Sheriff's custody and under observation for a mental disorder at Men's Central Jail on December 18, 1996.
LEGAL PRINCIPLES
The County of Los Angeles and its officials are liable under the Federal Civil Rights Act when a County custom, policy or practice causes a jail inmate to commit suicide. The County of Los Angeles is also liable under the Federal Civil Rights Act when its policies or practices result in deliberate indifference to the serious medical needs of jail inmates.
STATEMENT OF FACTS
On August 14, 1996, Anthony O'Connor was evaluated by a nurse at Men's Central Jail. Anthony O'Connor told the nurse that he was a homosexual, depressed, and that he required medication and treatment for seizures as a result of heavy alcohol abuse. Anthony O'Connor also told the nurse he suffered from mental illness, had attempted suicide and suffered hallucinations. Anthony O'Connor reported he had been taking an antidepressant medication and that he had a seizure three days before. In addition, Anthony O'Connor told the nurse he felt suicidal, and the nurse noted the smell of alcohol on Anthony O'Connor's breath and saw that he had delirium tremors.
On August 14, 1996, the nurse referred Anthony O'Connor to the Mental Health staff because he said he felt suicidal. On August 14, 1996, Anthony O'Connor was hospitalized at the jail, where medications were prescribed for him by mental health staff. On August 15, 1996, Anthony O'Connor unsuccessfully attempted suicide by hanging with a sheet.
Anthony O'Connor had two hospitalizations while in jail during the period from August 14, 1996 to December 12, 1996. Anthony O'Connor's jail hospitalization was for his mental disorder, depression and suicidal ideations. After the first hospitalization which lasted a week, Anthony O'Connor remained relatively stable until late October, 1996, when he was taken off his medications. Without medication, Anthony O'Connor became depressed, hallucinated, and heard voices telling him to kill himself. Anthony O'Connor was rehospitalized on October 30, 1996, for intentionally cutting his wrist while placement in a community mental health program was pending. He remained hospitalized until December 12, 1996.
Joan Warren
Claims Board Memorandum
December 30, 1998
On December 18, 1996, Anthony O'Connor complained of seeing bugs crawling all over him, because he had not received his medication for about four days. While arrangements were being made to provide Anthony O'Connor with medication, he was found dead that afternoon from a self-inflicted hanging in his cell.
DAMAGES
Joan Warren seeks damages under the Federal Civil Rights Act for the alleged wrongful death and loss of companionship, society and familial relationship of her son.
The potential verdict should this matter proceed to trial are as follows:
Loss of Familial Relationship $ 200,000
Loss of Care, Comfort and Society $ 350,000
Survival Action $ 100,000
Civil Rights Attorneys' Fees $ 150,000
Total $ 800,000
STATUS OF THE CASE
The case will be set for trial pending action on the proposed settlement. Expenses in the case to date are $9,754.37 in attorneys fees and there are no costs.
EVALUATION
Anthony O'Connor had a history of mental illness, drug and alcohol abuse, and of having made suicide attempts before his incarceration at Men's Central Jail. Once confined in jail, Anthony O'Connor demonstrated signs of severe mental illness and was deemed by the Jail Mental Health staff to be a danger to himself. During Anthony O'Connor's incarceration between August 14, 1996 and December 18, 1996, he made two unsuccessful suicide attempts, and he demonstrated his tendency to be a danger to himself when he was off his medication.
Joan Warren
Claims Board Memorandum
December 30, 1998
We believe a jury will conclude that County and its employees are liable because Anthony O'Connor would not have taken his life if he had been given his medications consistently. We also believe the jury's award of damages and the attorneys' fees award under the Federal Civil Rights Act will exceed the recommended settlement amount. It is therefore believed that it is in the best interests of the County of Los Angeles to settle this case for $150,000. The Sheriff's Department concurs with this recommendation.
APPROVED:
____________________________
Louis V. Aguilar
Assistant County Counsel