Cdcr

Lemire v. California Department of Corrections & Rehabilitation

Good Law
726 F.3d 1062·2013 WL 4007558·2013 U.S. App. LEXIS 16317
United States Court of Appeals for the Ninth CircuitAugust 7, 201311-15475California10,895 words

Opinion

Opinion

Clifton, J.

This action under 42 U.S.C. § 1983 arises from the apparent suicide of an inmate in the California prison system, Robert St. Jovite. The estate, parents, and daughter of the deceased prisoner seek to recover damages for alleged violations of the Eighth Amendment, based on St. Jovite’s right to be free from cruel and unusual punishment, and the Fourteenth Amendment, based on the family’s substantive due process right of familial association. These claims are predicated on allegations that members of the custodial, medical, and supervisory staff at California State Prison at Solano (“CSP-Solano”) failed to protect and provide adequate medical care by failing to (1) ensure the presence of floor officers to provide sufficient supervision of the inmates, (2) administer CPR immediately after St. Jovite was found unconscious in his cell, and (3) sufficiently train the prison staff in proper CPR procedure. The district court granted summary judgment to Defendants on all claims.

We hold that the district court erred in granting summary judgment with respect to Plaintiffs’ claims that Defendants Warden Dennis Sisto and Captain James Neuhring impermissibly convened a staff meeting…

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