LEMIRE v. CA. DEPT. OF CORRECTIONS & REHABILITATION

No. 11-15475.

726 F.3d 1062 (2013)

Sherie LEMIRE, Individually and as personal representative for the Estate of Robert St. Jovite; Gerard Charles St. Jovite and Nicole St. Jovite; Nicole St. Jovite; Gerard Charles St. Jovite; Estate of Robert St. Jovite, Plaintiffs-Appellants, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; Arnold Schwarzenegger, Individually and in his official capacity as Governor of the State of California; James E. Tilton, Individually and in his official capacity as Secretary of CA Department of Corrections and Rehabilitation; Tom L. Cary, Individually and in his official capacity as Warden of CSP-Solano; D.K. Sisto, Individually and in his official capacity as Warden of CSP-Solano; Cahoon, Individually and in her official capacity as Correctional Officer; Alcaraz, Individually and in his official capacity as Correctional Officer; Wade, Individually and in his official capacity as Correctional Officer; Orrick, Individually and in her official capacity as Correctional Officer; Martinez, Individually and in her official capacity as Correctional Officer; Gordon Wong, Individually and in his official capacity; Hak, MTA, Individually and in her official capacity; Alvaro C. Tranquina, M.D., Individually and in his official capacity as Chief Medical Officer/Health Care Manager; Noriega, Individually and in his official capacity; Dusay, Dr., Individually and in his official capacity; Neuhring, Individually and in his official capacity; Dodie Hicks, Senior RN; C. Holliday, Correctional Officer, Badge No. 70808; Jaime Chua, Correctional Officer, Badge No. 55696, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2013.


Attorney(s) appearing for the Case

Geri Lynn Green , Attorney, San Francisco, CA, for Plaintiffs-Appellants.

Kamala D. Harris , Attorney General of California, Jonathan L. Wolff , Senior Assistant Attorney General, Thomas S. Patterson , Supervising Deputy Attorney General, Diana Esquivel (argued), Deputy Attorney General, Sacramento, CA, for Defendants-Appellees.

Before: STEPHEN REINHARDT, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.


OPINION

CLIFTON, Circuit Judge:

This action under 42 U.S.C. § 1983 arises from the apparent suicide of an inmate in the California prison system, Robert St. Jovite. The estate, parents, and daughter of the deceased prisoner seek to recover damages for alleged violations of the Eighth Amendment, based on St. Jovite's right to be free from cruel and unusual punishment, and the Fourteenth Amendment, based on the family's substantive due process right of...

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