NeSmith

NeSmith v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaMarch 29, 20223:15-cv-00629California1,367 words

Opinion

Trial Court Opinion

BACKGROUND

25 This suit, alleging wrongful death and 42 U.S.C. § 1983 civil-rights violations, arises 26 from Kristopher NeSmith’s suicide while in custody. (See generally ECF 111.) His wife 27 and child brought claims against San Diego County and correctional staff. (ECF 349, at 4.) 28 Plaintiffs allege that while Mr. NeSmith was held in a County custodial facility, the County was given multiple warnings of his suicidal nature. (See ECF 111, at 4-6.) Despite that, and despite seeing a rope tied to a light fixture in his cell shortly before he killed himself, defendants allegedly failed to protect NeSmith. (Id.) Plaintiffs agreed to settle their claims with defendants for a total sum of $250,000. (See ECF 227, at 5.) The unopposed motion to approve the minor’s compromise provides that S.N. will receive $50,000 of that amount. (Id. at 5.) The remainder will be split between Chassidy NeSmith ($50,000), costs ($60,770.14), and attorneys’ fees ($89,229.86). Plaintiffs propose to disburse S.N.’s funds into a trust on S.N.’s behalf, with his mother Chassidy as trustee, which will be irrevocable until S.N. turns 18 at which time it will…

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