Frary
Frary v. County of Marin
Opinion
Lead Opinion
Mariajames, J.
*818 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; ORDER GRANTING PLAINTIFFS’ MOTION TO FILE THIRD AMENDED COMPLAINT
Re: Dkt. Nos. 97, 180
INTRODUCTION
Plaintiffs sued the County of Marin and individual jail staff (“Defendants”) for their alleged deliberate indifference to decedent Anthony Carmignani’s serious medical needs while he was in Defendants’ custody. See Dkt. No. 52, Second Am. Compl. Now pending before the Court is Defendants’ Motion for Summary Judgment. Dkt. No. 97 (“Mot.”). Plaintiffs oppose the motion. 1 Dkt. No. 131 (“Opp’n”). The Court held a hearing on December 18, 2014. Dkt. No. 171. Having considered the parties’ positions, relevant legal authority, and the record in this case, the Court GRANTS IN PART and DENIES IN PART Defendants’ Motion for the reasons set forth below.
BACKGROUND
The following facts are undisputed unless otherwise indicated:
A. Decedent Anthony Carmignani
Marin County Jail staff found Anthony Carmignani not breathing in his cell on July 30, 2011. Combined Statement of Facts 2 (“CSF”), Dkt. No. 137, ¶ 46. Jail deputies and medical personnel tried to resuscitate Carmignani, and he was transported to…