United States District Court, E.D. California
PRETRIAL CONFERENCE ORDER
JOHN
A. MENDEZ JUDGE.
Pursuant
to court order, a Pretrial Conference was held on December
20, 2019 before Judge John Mendez. Douglas L. Gordon appeared
as counsel for plaintiff; Neal C. Lutterman appeared as
counsel for defendants. After hearing, the Court makes the
following findings and orders:
I.
JURISDICTION/VENUE
Jurisdiction
is predicated upon 28 U.S.C. §§ 1331 and 1343, and
has previously been found to be proper by order of this
court, as has venue. Those orders are confirmed.
II.
JURY/NON-JURY
Both
parties have demanded a jury trial.
III.
STATEMENT TO BE READ TO JURY
No
later than January 27, 2020, the parties shall E-file a joint
statement of the case that may be read to the jury at the
beginning of jury selection.
IV.
UNDISPUTED FACTS
1. The
County of Sacramento contracts with the Regents of the
University of California Davis to provide Jail Psychiatric
Services ("JPS") to inmates housed at RCCC and the
Main Jail.
2. On
August 15, 2016 plaintiff Luis Alberto Mendez Jimenez
("Mr. Mendez") was detained and arrested by
Immigration and Customs Enforcement federal officers in San
Jose, California for being in the United States illegally and
was transferred from their local San Jose office to RCCC in
the County of Sacramento Jail the same day.
3. Upon
arrival at RCCC, Mr. Mendez was seen by County of Sacramento
nurse Ming-Huei Wu for medical intake.
4.
Nurse Wu referred Mr. Mendez to JPS through a telephone
referral to JPS nurse Sandra Venus.
5.
Nurse Venus faxed information regarding this referral to the
JPS office at RCCC that same night.
6. JPS
social worker Danielle Dass met with Mr. Mendez on the
morning of August 16, 2016 for the purpose of conducting a
Clinical Assessment and Suicide Risk Assessment.
7. Mr.
Mendez was also seen on August 16 by County nurse Manjeet
Kaur for a Physical Examination.
8. Mr.
Mendez was then seen August 22 by JPS nurse Charlene
Williams.
9. As a
result, Mr. Mendez is now quadriplegic.
V.
DISPUTED FACTUAL ISSUES
Plaintiff's
Disputed Factual Issues:
1.
Whether plaintiff attempted suicide two times in the six
months prior to his detention at RCCC, in February 2016 and
June 2016.
2.
Whether plaintiff had a documented history of two suicide
attempts in February 2016 and June 2016, and was on
prescribed anti-psychotic medication as of the date of his
detention.
3.
Whether plaintiff was hospitalized for each such suicide
attempt.
4.
Whether plaintiff was prescribed Zyprexa (olanzapine), which
was effective in treating his mental illness, following each
suicide attempt.
5.
Whether plaintiff took his prescribed Zyprexa on a daily
basis, as prescribed, and refilled his prescription as
directed.
6.
Whether, at the time of his detention by immigration
officers, plaintiff requested permission to retrieve his
Zyprexa from his home before being taken away, but such
permission was denied.
7.
Whether plaintiff contacted a family member from RCCC to have
her go to his home to try to identify and/or retrieve his
Zyprexa, but she was unable to locate it.
8.
Whether the mental health care provided by the Regents to
plaintiff fell below the applicable standard(s) of care.
9.
Whether the mental health care provided by the Regents caused
plaintiff's suicide attempt.
10.
Whether JPS did not have a real system of mental health care
at all.
11.
Whether JPS relied solely on medication and crisis response.
12.
Whether JPS social worker Danielle Dass was negligent in her
clinical assessments of plaintiff and defendant Regents are
responsible for this negligence.
13.
Whether JPS social worker Danielle Dass was deliberately
indifferent in her clinical assessments of plaintiff.
14.
Whether nurse practitioner Charlene Williams was negligent in
her clinical assessments of plaintiff and defendant Regents
are responsible for this negligence.
15.
Whether nurse practitioner Charlene Williams was deliberately
indifferent in her clinical assessments of plaintiff.
16.
Whether the mental health care that the Regents provided to
Plaintiff met the standards of care and contributed to
Plaintiff's attempted suicide and resulting physical
injuries.
17.
Whether CHS nurse Ming-Huei Wu recorded in her chart that
plaintiff had attempted suicide 2 times within the past 4-6
months.
18.
Whether CHS nurse Ming-Huei Wu recorded in her chart that
plaintiff was taking psychiatric medications within the past
30 days.
19.
Whether plaintiff told Nurse Wu that he obtained his
psychiatric medications from a pharmacy located on Bascom
Avenue in San Jose.
20.
Whether CHS nurse Ming-Huei Wu recorded in her chart that
plaintiff had taken his most recent dose of medication the
day before her encounter with him.
21.
Whether CHS nurse Ming-Huei Wu recorded in her chart that
plaintiff had been hospitalized for psychiatric treatment
within the past 30 days.
22.
Whether CHS nurse Ming-Huei Wu recorded in her chart that
plaintiff had a history of anxiety and panic attacks.
23.
Whether CHS nurse Ming-Huei Wu reported to JPS Nurse Sandra
Venus that plaintiff had a history of several suicide
attempts.
24.
Whether CHS nurse Ming-Huei Wu reported to JPS Nurse Sandra
Venus that plaintiff was currently on psychiatric medication.
25.
Whether CHS nurse Ming-Huei Wu reported to JPS Nurse Sandra
Venus that plaintiff had taken his last does of psychiatric
medication the day before his encounter with Nurse Wu.
26.
Whether Nurse Venus reported to JPS social worker Danielle
Dass that plaintiff had a history of several suicide
attempts.
27.
Whether Nurse Venus reported to JPS social worker Danielle
Dass that plaintiff was currently on psychiatric medication.
28.
Whether Nurse Venus reported to JPS social worker Danielle
Dass that plaintiff had taken his last does of psychiatric
medication the day before his encounter with Nurse Wu.
29.
Whether plaintiff reported to CHS Nurse Manjeet Kaur that he
had a history of anxiety and panic attacks.
30.
Whether plaintiff reported to CHS Nurse Manjeet Kaur that he
had a history of more than one suicide attempts.
31.
Whether Ms. Dass reviewed the chart of Nurse Wu.
32.
Whether Ms. Dass reviewed the chart of Nurse Kaur.
33.
Whether plaintiff told Ms. Dass he had been taking
psychiatric medications.
34.
Whether plaintiff told Ms. Dass he felt better ...