Smith Ex Rel. Smith v. County of Los Angeles
Opinion
Opinion
Pregerson, J.
ORDER DENYING 1MOTION TO DISMISS
This matter comes before the Court on Defendant’s motion to dismiss for failure to state a claim upon which relief can be granted. After reviewing the materials submitted by the parties and considering the arguments therein, the Court DENIES the motion.
I.BACKGROUND
According to Plaintiffs’ complaint, the following facts form the basis of this lawsuit: Prior to February 20, 2007, Plaintiff Eric Smith was incarcerated at Men’s Central Jail in Los Angeles County. (Compl. ¶ 15.) Smith suffered from respiratory problems, for which his medical provider had prescribed an asthma inhaler as treatment. (Id) During his incarceration, Smith informed Defendant County of Los Angeles, including its employees, agents, representatives, sheriffs deputies, physicians, nurses, and other medical personnel about his condition and the medication he needed to survive. (Id ¶ 16.) Despite their knowledge of Smith’s condition, and the medicine he required, Defendant’s agents failed to provide Smith with an inhaler. (Id ¶ 17.) As a result, Smith suffered in pain “for an appreciable period of time,” and then, on February 20, 2007, Smith died. (Id ¶¶ 14,18-19.)