Judge Orders County To Turn Over In-Custody Death Records In Jail Suit

SANTEE, CA — A federal judge ruled this week that San Diego County must turn over a trove of internal records regarding its in-custody deaths to attorneys representing the family of a woman who died at the Las Colinas jail in Santee.

The order from U.S. Magistrate Judge David D. Leshner granted a motion from the family of 24-year-old Elisa Serna, whose death is also the subject of a criminal prosecution against a doctor and nurse at the East County jail.

In the family's lawsuit against the county, they sought the Internal Affairs investigation file related to Serna's death, as well as 35 reports from the sheriff's department Critical Incident Review Board, which reviews "critical incidents" such as in-custody deaths and whether any violations of department policy occurred.

Leshner ruled that the county must provide 33 of the 35 reports Serna's family sought. Of those reports, all relate to inmate deaths, but the two Leshner did not order produced relate to inmates killed by other inmates.

County lawyers argued the records were protected under attorney-client privilege and further "are neither relevant nor proportional to the needs of the case irrespective of any privilege."

Leshner ruled the records were relevant to the plaintiffs' claims that the county engaged in a practice of not properly caring for the welfare of inmates. The county must produce the records by next Wednesday, according to the order.

Thus far, 11 people have died in San Diego County jails this year and the county continues to face scrutiny for the number of in-custody deaths at its jail facilities.

Serna's Nov. 11, 2019 death led to involuntary manslaughter charges against Dr. Friederike Von Lintig and nurse Danalee Pascua, who prosecutors allege were negligent in their care for Serna.

Serna was pronounced dead shortly after she collapsed in her cell in the jail's medical observation unit. Prosecutors allege Serna's withdrawal symptoms and declining condition were ignored and that immediate, necessary medical attention was not provided after she fell.

Von Lintig and Pascua, who are also defendants in the civil suit, face up to four years in state prison if convicted in the criminal case.

— City News Service