(PC) Smithee v. California Correctional Institution

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DANA SMITHEE, et al., ) Case No.: 1:19-cv-00004-LJO-JLT ) Plaintiffs, ) FINDINGS AND RECOMMENDATIONS ) GRANTING DEFENDANTS’ MOTIONS TO v. ) DISMISS ) CALIFORNIA CORRECTIONAL ) (Docs. 29, 32) INSTITUTION, et al., Defendants. ) ) )

After Cyrus Ayers killed himself while in custody, the child, E.M. and Ayers’ mother, Dana Smithee, filed this lawsuit. They allege Ayers was not provided proper medical care during his incarceration at the California Correctional Institution in Tehachapi and this resulted in his death. In their second amended complaint, Plaintiffs claim that Defendant Litt-Stoner, Chief Executive Officer for Health Care Services at CCI, Defendant Narayn, Chief Psychiatrist at CCI, and Defendants Seymour, Celosse and Nesson, psychologists at CCI, are liable for Ayers’ death. Defendants Litt-Stoner, Seymour, Nesson and Celosse have moved the Court to dismiss the action. Because…