(PC) Smithee v. California Correctional Institution

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 DANA SMITHEE, et al., ) No.: 1:19-cv-00004-NONE-JLT ) 12 Plaintiffs, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS TO DISMISS 13 v. ) CERTAIN CLAIMS ) 14 CALIFORNIA CORRECTIONAL ) (Doc. No. 91) INSTITUTION, et al., 15 ) ) 16 Defendants. ) 17 18 After Cyrus Ayers committed suicide while in custody, his child, E.M. and his mother, Dana 19 Smithee (collectively, “plaintiffs”), filed this lawsuit. They allege Ayers was not provided proper 20 medical care during his incarceration at the California Correctional Institution in Tehachapi and this 21 resulted in his death. In their fourth amended complaint, plaintiffs claim that Defendant Litt-Stoner, 22 Chief Executive Officer for Health Care Services at CCI, Defendant Narayan, Chief Psychiatrist at 23 CCI, and Defendants Seymour and Celosse, psychologists at CCI, are liable for Ayers’ death. (Doc. 24 No. 65.) 25 On January 30, 2020, Defendants Litt-Stoner, Narayan,…