Professional Negligence Law Reporter

Pajas v. Cnty. of Monterey, No. 16-CV-00945 (N.D. Cal. Feb. 7, 2019).

While being booked into the Monterey County Jail, Mark Pajas Sr., 56, told a sheriff’s deputy that he used three to four grams of heroin per day, including that day. Pajas was placed in a special cell under close monitoring and provided medication to ease his heroin withdrawal. During a check-in, Pajas told a nurse that he could not get up off the floor. The nurse demanded that he get up and left. Pajas was later discovered unresponsive. He was taken to a hospital, where he died. The cause of death was determined to be coronary arrhythmia and heroin withdrawal. He is survived by his wife and four adult children.

Pajas’s wife, individually and on behalf of his estate, filed suit against the county, alleging failure to provide adequate medical treatment to a detainee in violation of the Fourteenth Amendment, as well as loss of familial relations. The plaintiffs argued that jail staff should have checked on Pajas every 15 minutes but only did so approximately every 30 minutes.

The jury awarded $1.6 million. The parties settled the case for $2.85 million, including fees.

Plaintiff counsel: AAJ member Dan L. Stormer, Pasadena, Calif.; and Lori Rifkin, Emeryville, Calif.