Coleman, et al v. Schwarzenegger, et al

Filing 4435

ORDER signed by Judge Lawrence K. Karlton on 3/21/2013 for the reasons set forth in this court's 4394 order filed 3/15/13, Dr. Patterson's determination that the death of Inmate HH was "more likely than not a suicide" is sufficiently supported by the evidence; defendants' assertion that the coroner declared the death a homicide is not so supported; it is hereby ORDERED that defendants' 4326 motion to modify the total number of inmate suicides in the 2011 Report and the statistical analysis flowing therefrom is DENIED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RALPH COLEMAN, et al.,
Plaintiffs,

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No. 2:90-cv-0520 LKK JFM P

vs.
EDMUND G. BROWN, JR., et al.,
Defendants.

ORDER
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By order filed March 15, 2013, this court, inter alia, deferred ruling on

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defendants’ motion to strike or modify that portion of the Report by Dr. Raymond Patterson, the

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Special Master’s expert, on Suicides Completed in the California Department of Corrections and

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Rehabilitation (CDCR) in Calendar Year 2011 (Report or 2011 Suicide Report) concerning the

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total number of CDCR inmate suicides in 2011 and directed defendants to file under seal a copy

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of the final coroner’s report of the death of Inmate HH. Defendants contend that this inmate’s

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death should not have been included in the total of 34 suicides reported by Dr. Patterson, and

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that certain statistical findings based on that total should therefore be modified.

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As the court noted in the March 15, 2013 order, the case review for this inmate’s

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death, set forth in Appendix F of the Report, shows that there is sufficient evidence to support

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Dr. Patterson’s finding that the death of this inmate “was more likely than not to have been a
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suicide.” Order filed March 15, 2013 (ECF No. 4394) at 3 (citing Report at 282-290). Included

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in Dr. Patterson’s findings is a statement that “the coroner’s report did not state a manner of

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death.” Report at 284. In a response filed by defendants with their objections and motion to

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strike or modify the Report, defendants’ expert, Dr. Joel Dvoskin stated that this death had been

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“declared a homicide by the coroner.” Dvoskin Response to 2011 Suicide Report, attached as

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Ex. 1 to Declaration of Debbie Vorous (hereafter Dvoskin Resp.), filed February 11, 2013 (ECF

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No. 4326-6), at 26. The court determined that this discrepancy had to be resolved prior to ruling

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on defendants’ motion to modify the findings concerning the rate of CDCR inmate suicides in

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2011 and therefore directed defendants to file within five days copy of the final coroner’s report

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for this inmate’s death under seal and to provide a hard copy to the Special Master. Order filed

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March 15, 2013, at 15. Defendants have now complied with that order.

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The document filed by defendants in response to this court’s March 15, 2013

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order to file “the final coroner’s report for this inmate’s death” is the autopsy report described by

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Dr. Patterson at page 284 of the 2011 Suicide Report, accompanied by a cover letter transmitting

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the autopsy report to the CDCR. The relevant contents of that autopsy report are accurately

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described in the 2011 Suicide Report. The autopsy report does not declare the death a homicide.

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For the reasons set forth in this court’s March 15, 2013 order, Dr. Patterson’s

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determination that the death of Inmate HH was “more likely than not a suicide” is sufficiently

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supported by the evidence. Defendants’ assertion that the coroner declared the death a homicide

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is not so supported. Accordingly, IT IS HEREBY ORDERED that defendants’ motion to modify

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the total number of inmate suicides in the 2011 Report and the statistical analysis flowing

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therefrom is denied.

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DATED: March 21, 2013.

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