6 results for 'casenum:"3:21cv5800"'.
J. Estudillo grants the family's counsel $39,800 in attorney fees for their complaint that the prison healthcare services' negligent practices concerning suicide prevention led to the death of the inmate. The family's counsel is entitled to fees regarding research of the deleted video, deposition and discovery prep, and for time spent drafting a notice of deposition. The family's counsel had to spend time on this because of Kitsap County's spoliation of the video evidence.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: October 17, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Discovery, Attorney Fees
J. Estudillo grants the family's motion to exclude the testimony of Kitsap County's expert about her opinions on constitutional or legal standards regarding the family's claim that the prison healthcare services' negligent practices concerning suicide prevention led to the death of the inmate. The expert's assertion that Kitsap County providing the inmate constitutionally required minimum care is equivalent to a reasonable standard of care is improper, because it suggests that the family must prove that the county committed a constitutional violation to prove their negligence claim, which would confuse a jury about the actual legal standards for a negligence claim.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: September 11, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts, Discovery
J. Estudillo grants Kitsap County's motion to reconsider the imposition of default judgement regarding the family's claim that the county failed to retain 11 hours of video evidence from Jan. 1, 2020, which is relevant to the family's lawsuit alleging that NaphCare did not maintain adequate suicide prevention practices, leading to the death of the inmate. The 11 hours of deleted videotape may not be the most critical evidence in this case and may not have much bearing on the inmate's suicide, so entering default judgment provided a disproportionate reward to the family.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: July 19, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Health Care, Sanctions
J. Estudillo denies the family's motion to exclude two paragraphs from the prison healthcare service's expert's report as part of the family's lawsuit alleging that the prison healthcare service did not maintain adequate suicide prevention practices, leading to the death of the inmate. The expert's opinions in the paragraphs at question are based on the review of enumerated records and the information he had about the hiring process, so they are sufficiently based in facts and data.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: June 13, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Experts
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J. Estudillo grants the family's motion for sanctions against Kitsap County, as it withheld video evidence in litigation stemming from the inmate's death by suicide. Kitsap County's argument that it did not preserve the 11 hours of video concerning the inmate's suicide because a corrections officer did not believe it was relevant to the family's requests is insufficient, and a reasonable person could conclude that the evidence was deliberately destroyed to harm the family's case.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: May 31, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Sanctions