(PC) Smithee v. California Correctional Institution

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DANA SMITHEE, et al., No. 1:19-cv-00004-NONE-JLT Plaintiffs, ORDER ADOPTING IN PART THE

FINDINGS AND RECOMMENDATIONS

v. GRANTING DEFENDANTS’ MOTIONS TO

DISMISS

CALIFORNIA CORRECTIONAL INSTITUTION, et al., (Doc. Nos. 66, 67, 79) 14 Defendant. 15 This action came before the court after Cyrus Ayers, an inmate at California Correctional Institution (“CCI”), committed suicide by hanging on February 2, 2018. (Doc. No. 65 ¶¶ 8, 59.) Ayers’s mother, Dana Smithee, and his daughter, E.M., by and through her guardian ad litem, Jennifer Montes, brought this civil rights, survival and wrongful death action under 42 U.S.C. § 1983 and California law. (Id. ¶¶ 4, 6-7.) Plaintiffs claim that defendants Rhonda Litt-Stoner, Pratap Narayan, Jennifer Seymour, and Karin Celosse were deliberately indifferent in treating Ayers’s suicidal ideation in violation of his rights under the Eighth Amendment and, as a result, caused his death. (Id. ¶¶ 1-15.) …