(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. ) DISMISS1 ) CALIFORNIA CORRECTIONAL ) (Docs. 48, 49) INSTITUTION, et al., Defendants. ) ) )

After Cyrus Ayers killed himself while in custody, the child, E.M. and his 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 third amended complaint, Plaintiffs claim that Defendant Narayan, Chief Psychiatrist at CCI, and Defendants Seymour and Celosse, psychologists at CCI, are liable for Ayers’ death. Defendants Litt-Stoner, Seymour, Nesson and Celosse previously moved the Court to dismiss the action. Because the second amended complaint failed to state a federal cause of action, the Court 24 …