Case details

Mother: Officers failed to recognize son’s medical need

SUMMARY

$2500000

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
death, drug overdose, loss of society
FACTS
At around 2:15 p.m. on June 13, 2014, plaintiff’s decedent Daren Borges, 42, a homeless schizophrenic man, was arrested by police officers in on a suspicion of public intoxication in Eureka, where Borges was living at the time. He was subsequently booked into the jail at about 2:40 p.m. Correctional officers placed Borges alone in a sobering cell at the Humboldt County Correctional Facility, where he was found unresponsive at about 4 p.m. About 20 minutes later, he was pronounced dead at a local hospital. The decedent’s mother, Stephany Borges, sued several police officers; the police officers’ employer, the city of Eureka; several correctional officers; the correctional officers’ employer, the county of Humboldt; the officers’ supervisor, Sheriff Michael Downey; and the company that handles medical services at the jail on a contract basis, California Forensic Medical Group Inc. The court dismissed the city and its officers, and Ms. Borges settled with California Forensic Medical Group prior to trial. Thus, the matter continued against the county; Sheriff Downey; and four correctional officers, Tim Hershberger, David Swim, Terri Bittner and Tim Hammer. Plaintiff’s counsel argued that Hershberger, Swim, Bittner and Hammer were deliberately indifferent to Mr. Borges’ serious medical needs in violation of the 14th Amendment. Counsel contended that Mr. Borges was in the midst of an obvious medical emergency both when he was arrested and even more so when he arrived at the jail and that his medical emergency was brought on by his consumption of a potentially lethal dose of methamphetamine. Thus, plaintiff’s counsel argued that, due to Mr. Borges’ medical needs, after he was taken to the jail, he should have been taken to a hospital, where he could have been saved. Plaintiff’s counsel contended that Mr. Borges was rushed through the booking process even though he was disoriented, incoherent and obviously intoxicated. Counsel also contended that instead of summoning a registered nurse to medically screen him, Mr. Borges was placed in the sobering cell. Thus, plaintiff’s counsel argued that the county failed to properly train its officers. Defense counsel contended that the correctional officers did everything they could and that Mr. Borges appeared aware of his surroundings and coherent when he was booked into custody. Counsel also contended that a nurse came and checked on Mr. Borges through his cell window about 20 minutes after he was booked and that the nurse saw no reason for alarm. Thus, defense counsel argued that Mr. Borges’ death was unpreventable after he ingested a lethal dose of methamphetamine., Mr. Borges was found unresponsive in a sobering cell at the Humboldt County Correctional Facility at about 4 p.m. on June 13, 2014. He was subsequently rushed to a local hospital, where he was pronounced dead about 20 minutes later. He was 42 years old. The decedent’s mother, Ms. Borges, claimed that she was close with her son, but that after he reached adulthood, their relationship became complicated due to the onset of schizophrenia. She stated that Mr. Borges was her first child and only son and that they wrote each other letters regularly, but that they had not seen each other in person for years because they lived in different states. Mr. Borges was also homeless, and in and out of the criminal justice system due to his mental health and substance abuse issues. However, Ms. Borges advocated for her son to the extent that she could without triggering his paranoia. Mr. Borges had a younger sister, whom he also kept in touch with by writing letters. According to a local newspaper in Humboldt County, on June 6, 2014, Mr. Borges sent his mother a last letter telling her three times that he loves her, expressing his excitement about getting out of jail on June 10, 2014, and expressing his hope to never again be incarcerated. As he was about to leave jail for the first time in two months after a probation violation, he promised his sister that he would call and that he would get her a present for her birthday on June 12, 2014, but said that it would be late. The news source noted that when some passersby found Mr. Borges’ cell phone the next day on the ground near Seventh and D streets, in Eureka, it had just one phone number programmed into it, under the name “mom.” Thus, Ms. Borges sought recovery of wrongful death damages for the loss of her son.
COURT
United States District Court, Northern District, Oakland, CA

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