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Doctor, Nurse Facing Criminal Charges For The In-Custody Death of Elisa Serna At San Diego County Jail
SAN DIEGO, CALIFORNIA (June 25, 2023) – A doctor and nurse are both facing criminal charges following the in-custody death of Elisa Serna in a San Diego County jail.
Both Nurse Danalee Pascua and Dr. Friedericke Von Lintig have pleaded not guilty following the charges. The incident began at the Las Colinas Detention Center and Re-Entry Facility in Santee in November 2019.
The jail allegedly failed to place the inmate on its withdrawal protocol as she should have been. Elisa Serna began suffering from withdrawal symptoms from heroin. She began having an apparent seizure and hit her head against the wall of her cell.
The nurse facing charges allegedly saw what happened. However, Elisa Serna remained in the same position for over an hour before paramedics arrived. By this time rigor mortis had already set in.
Prosecutors have said that the evidence demonstrates criminal negligence contributed to her death. A trial is set to start in the near future.
Liability For San Diego County Inmate Deaths
Drug overdoses remain one of the leading causes of inmate death across the United States. According to one report from National Public Radio, “From 2001 to 2018, the number of people who have died of drug or alcohol intoxication in state prisons rose more than 600%, according to an analysis of newly-released data from the Bureau of Justice Statistics.” There are a number of signs that jail officials should look for which could indicate a potential opioid overdose.
- A person’s body may go limp.
- A person becomes unable to speak.
- A person’s fingernails or lips may have a bluish color.
- A person’s body becomes extremely pale or clammy to the touch.
It is also possible for a person to become seriously ill or die if they are going through withdrawal. All jails in California must provide inmates at risk of withdrawal “medical detoxification.” This is the process that systematically and safely withdraws people who may be addicted to drugs or alcohol. Medical detoxification aims to treat the immediate bodily effects of stopping drugs or alcohol use that could threaten a person’s life. It is done under the supervision of a licensed medical provider.
Failing to properly treat inmates who are going through withdrawal is a deprivation of their right to adequate medical care. See, for example, (Farmer v. Brennan (1994) 511 U.S. 825.). When a jail is deliberately indifferent to the serious medical needs of an inmate, this could form the basis of a negligence claim. Deliberate indifference may occur prior to or during an inmate’s medical emergency. For example, a jail may have failed to give an inmate Naloxone who was clearly experiencing an overdose. Ideally, jails should be proactive in keeping inmates healthy and preventing them from enduring medical distress in the first place.
Consider, for example, The Estate of Martin Harrison vs. Alameda County. Martin Harrison was in the midst of severe alcohol withdrawal when he entered the Santa Rita Jail in Dublin. According to the family’s lawsuit, a licensed vocational nurse failed to properly classify the inmate as needing treatment. Martin Harrison began acting erratically during his stay and was beaten and tasered by several deputies. He became unresponsive and later died. Alameda County eventually settled a civil lawsuit with his family. There are several measures that jails should take to prevent inmate deaths.
- All inmates should be medically assessed prior to being admitted.
- Inmates should receive periodic monitoring during their stays.
- Inmates should receive prompt medical care when they exhibit signs of distress.
Sadly, jails are rarely transparent about in-custody deaths. They will do everything that they can to deny liability for deaths in their care. It is important that inmates and their families understand that they do have rights. The family of any inmate that dies in custody may be able to seek some measure of justice through a civil claim. Damages in a civil claim can help cover many of the expenses that come with the sudden loss of a loved one. An experienced civil rights attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating San Diego County Inmate Deaths
We at the Carrillo Law Firm, LLP extend our deepest condolences to the family of all of the inmates that have died in San Diego County jails. The county has a particularly disturbing record for the treatment of inmates in their care. It is our sincere hope that there is increased oversight in San Diego County to protect the constitutional rights of the inmates housed within its jails.
Do you need more information about a San Diego County inmate death? Our team of civil rights attorneys are here to help in any way that we can. We care deeply that inmates are aware of their rights and that jails are doing everything in their power to uphold the constitutional rights of those in custody. Whether you just have legal questions or need a free, independent investigation into any incident we are here for you. You can reach out to us anytime at 626-799-9375.
