Mendez Jimenez v. County of Sacramento

          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 ...