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COMPLAINT FOR VIOLATIONS OF THE EIGHTH AMENDMENT PURSUANT TO 42 U.S.C. § 1983,
CALIFORNIA CIVIL CODE § 52.1, AND WRONGFUL DEATH
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WANGER JONES HELSLEY PC
265 E. River Park Circle, Suite 310
Fresno, California 93720
Telephone: (559) 233-4800
Facsimile: (559) 233-9330
Christopher A. Lisieski #321862
Attorneys for: PLAINTIFFS SUSAN OTTELE and WILLIAM COLLIER, JR. on their own behalf
and on the behalf of the Estate of Adam J. Collier, decedent
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SUSAN OTTELE and WILLIAM COLLIER,
JR., on their own behalf and on the behalf of the
Estate of Adam J. Collier, decedent,
Plaintiffs,
v.
OSCAR MARTINEZ and AARON HODGES,
and DOES 1–10, inclusive,
Defendants.
Case No.
COMPLAINT FOR VIOLATIONS OF
THE EIGHTH AMENDMENT
PURSUANT TO 42 U.S.C. § 1983,
CALIFORNIA CIVIL CODE § 52.1, AND
WRONGFUL DEATH
Jury Trial Demanded
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COMPLAINT FOR VIOLATIONS OF THE EIGHTH AND FOURTEENTH AMENDMENT PURSUANT TO 42 U.S.C.
§ 1983, CALIFORNIA CIVIL CODE § 52.1, AND WRONGFUL DEATH
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Plaintiffs SUSAN OTTELE and WILLIAM COLLIER, JR. (hereafter referred to collectively
as “Plaintiffs”), by and through their counsel of record, file this complaint against Defendants OSCAR
MARTINEZ and AARON HODGES, and DOES 1–10, inclusive (hereafter referred to collectively as
“Defendants”), and allege as follows:
INTRODUCTION
1. Plaintiffs in this case are the mother and father of Adam Collier (hereafter “Mr.
Collier” or the “Decedent”). Mr. Collier died by suicide due to cutting himself while incarcerated at
the Kern Valley State Prison in Delano, California. Mr. Collier had a long history of well-documented
mental illness, including numerous prior instances of attempted suicide and self-mutilation or cutting.
Notwithstanding this history, Mr. Collier was in a cell by himself. He was last seen in the cell by
correctional officers on the morning of October 17, 2020 when he was given breakfast. Mr. Collier
failed to report for the inmate count at noon. His body was found in his cell at 3:32 p.m. by
Defendants, an estimated eight to nine hours after a correctional officer last laid eyes on him.
Defendants’ deliberate indifference toward Mr. Collier’s high risk of suicide caused his ultimate death.
JURISDICTION AND VENUE
2. This court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331
and 1367, as it arises under 42 U.S.C. § 1983.
3. This court has personal jurisdiction over all Defendants as Plaintiffs are informed and
believe and thereon allege that each is a resident of California.
4. Venue is proper in this court pursuant to 28 U.S.C. § 1391(b), as a substantial part of
the events or omissions giving rise to the claim occurred in Kern County, which is within this judicial
district.
5. On or about March 8, 2021, within six months of the conduct of the Defendants that
gives rise to this lawsuit and which caused Plaintiffs’ injuries, Plaintiffs timely complied with the
Government Tort Claims Act under Government Code § 910 by filing a claim for damages form with
the Office of Risk and Insurance Management which presented all facts and injuries known or
reasonably known to the Plaintiff regarding his claims. Plaintiffs amended this claim on or about
April 8, 2021. The amended claim form is attached to this complaint as Exhibit A.
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COMPLAINT FOR VIOLATIONS OF THE EIGHTH AND FOURTEENTH AMENDMENT PURSUANT TO 42 U.S.C.
§ 1983, CALIFORNIA CIVIL CODE § 52.1, AND WRONGFUL DEATH
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6. Pursuant to Government Code §§ 913 and 915.4, the Office of Risk and Insurance
Management rejected Plaintiffs’ claims on or about September 8, 2021. Accordingly, Plaintiffs have
standing to bring suit for monetary damages. Plaintiffs have timely filed their original complaint
within six months from the date of Defendant’s Notice of Rejection. The rejection letters from the
Office of Risk and Insurance Management are attached to this complaint as Exhibit B.
PARTIES
7. At all times relevant herein, Plaintiff Susan Ottele was and is the mother of the
Decedent, Mr. Collier.
8. At all times relevant herein, Plaintiff William Collier, Jr. was and is the father of the
Decedent, Mr. Collier.
9. Plaintiffs are informed and believe and thereon allege that Defendant OSCAR
MARTINEZ (“Martinez”) is a citizen of California, and is a correctional officer employed by or an
agent of the California Department of Corrections and Rehabilitation (“CDCR”) and Kern Valley
State Prison.
10. Plaintiffs are informed and believe and thereon allege that Defendant AARON
HODGES (“Hodges”) is a citizen of California, and is a correctional officer employed by or an agent
of the California Department of Corrections and Rehabilitation (“CDCR”) and Kern Valley State
Prison.
11. The true names and capacities of Defendants DOES 1 through 10, inclusive, are
unknown to Plaintiffs who therefore sue said Defendants by such fictitious names. Plaintiffs will seek
leave of this Court to amend this Complaint when the true names and capacities of these defendants
have been ascertained.
FACTUAL ALLEGATIONS
12. Mr. Collier was born in 1977 in Oregon. He is the son of Plaintiffs.
History of Health Problems in CDCR
13. Mr. Collier had a long-standing and well-documented history of mental illness, suicide
attempts, and self-harm while in the custody of CDCR. This included numerous prior suicide attempts
with a cutting implement, including slashing his own neck open.
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COMPLAINT FOR VIOLATIONS OF THE EIGHTH AND FOURTEENTH AMENDMENT PURSUANT TO 42 U.S.C.
§ 1983, CALIFORNIA CIVIL CODE § 52.1, AND WRONGFUL DEATH
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14. Further, CDCR records reflect numerous mental health diagnoses for Mr. Collier:
amphetamine-induced anxiety disorder; antisocial personality disorder; bipolar I disorder; borderline
personality disorder; depression; post-traumatic stress disorder; and psychosis.
15. Mr. Collier was on no less than nineteen (19) psychiatric medications at different times
during his incarceration in CDCR, including: aripiprazole (Abilify); sertraline (Zoloft); mirtazapine
(Remeron); hydroxyzine (Vistaril); olanzapine (Zyprexa); fluoxetine (Prozac); sodium valproate
(Valproic Acid); Lithium; haloperidol (Haldol); chlorpromazine (Thorazine); quetiapine (Seroquel);
lamotrigine (Lamictal); bupropion (Wellbutrin); paroxetine (Paxil); venlafaxine (Effexor); Trazodone;
lorazepam (Ativan); Diazepam; clonazepam (Klonopin); and paliperidone (Invega).
16. CDCR records reflect that Mr. Collier had a history of homelessness, sexual, physical,
and emotional abuse; severe, chronic, and inadequately treated pain due to a failed lumbar fusion
(Failed Back Surgery Syndrome); chronic low back pain; and chronic pain resulting from prior surgery
to his testicles.
17. Mr. Collier had at least eight (8) prior suicide attempts documented in CDCR records.
18. Mr. Collier first attempted suicide when he was 12 or 13, by taking pills, which resulted
in a lengthy hospitalization. He attempted suicide again in 2002 by jumping in front of a bus. In
2006, Mr. Collier attempted suicide by overdosing on methamphetamine, ultimately surviving after
having been in a coma for six days. Mr. Collier attempted suicide by cutting his wrists in both 2013
and 2014, and experienced auditory hallucinations during one of those instances. In 2017, Mr. Collier
stabbed himself in the neck.
19. On April 1, 2006, Mr. Collier attempted suicide by overdosing on pills. The severity of
the attempt was rated a 4 on a scale of 1-4, which noted that if Mr. Collier “had not been discovered
[he] would have died.” Notes indicate that intensive medical/surgical management and hospitalization
was required.
20. On February 23, 2017, Mr. Collier attempted suicide by stabbing himself in the neck.
The medical severity of this attempt was rated a 3 on a scale of 1-4, which again noted Mr. Collier
“would have died” if he was not discovered.
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COMPLAINT FOR VIOLATIONS OF THE EIGHTH AND FOURTEENTH AMENDMENT PURSUANT TO 42 U.S.C.
§ 1983, CALIFORNIA CIVIL CODE § 52.1, AND WRONGFUL DEATH
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21. On July 29, 2019, Mr. Collier cut the side of his neck with the intent to cause clots
which would “cause a stroke.” This attempt was a rated a “2” in terms of medical severity on a scale
of 1-4.
22. On August 27, 2019, Mr. Collier attempted suicide by cutting. The medical severity
was rated as a 3 on a scale of 1-4.
23. Mr. Collier again attempted suicide on May 23, 2020 by cutting his neck with a pair of
broken toenail clippers. Mr. Collier specifically told CDCR medical personnel at the time, “I was
suicidal.” The wound was deep, and both sides of his neck required sutures. Mr. Collier also cut his
left armpit during this same attempt.
24. Mr. Collier also had a long history of self-harm that stopped short of active attempts at
suicide as well. Records show he engaged in numerous instances of self-harm while in the custody of
CDCR, most typically through cutting, on the following dates: February 10, 2015; March 10, 2015;
September 4, 2016; October 11, 2016; October 13, 2016; February 13, 2017; February 14, 2017; July
29, 2019; August 27, 2019 and March 30, 2020.
25. The most severe instance of self-harm occurred when Mr. Collier attempted to castrate
himself with a piece of plastic on August 27, 2019.
26. On March 30, 2020, Mr. Collier cut his left inner calf, which caused tissue damage. The
wound was reportedly four (4) centimeters by one (1) centimeter and gaping. This laceration required
four staples.
27. Mr. Collier also had a history of conducting hunger strikes to “starve himself.” In
addition, Mr. Collier would eat paper in an effort to choke himself to death.
28. Mr. Collier also exhibited grandiose delusions and reported hearing the voice of God,
and being on a mission to uphold the word of God and the Bible, which according to Mr. Collier, may
include violence. These delusions manifested when Mr. Collier attempted to self-castrate himself,
citing his religion “telling” him to do it and, citing the Bible, stating to “get rid of the thing causing
[masturbation].”
29. Mr. Collier also had significant and severe physical health issues. In particular, records
are replete with instances of Mr. Collier’s severe, chronic, and intractable lower back pain due to
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COMPLAINT FOR VIOLATIONS OF THE EIGHTH AND FOURTEENTH AMENDMENT PURSUANT TO 42 U.S.C.
§ 1983, CALIFORNIA CIVIL CODE § 52.1, AND WRONGFUL DEATH
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“failed back surgery syndrome,” following discectomies in his lower back. At times, Mr. Collier
walked with a cane. However, due to altercations Mr. Collier was involved in, his cane was taken
away, and he suffered frequent falls. Mr. Collier had requested a wheelchair, but was not given one.
Defendants Knew of This History
30. Defendants were well aware of this history. The autopsy report for Mr. Collier states
that Defendant Hodges advised responding officers that Mr. Collier had previous suicide attempts
along with what method was used, demonstrating his knowledge of Mr. Collier’s heightened risk for
suicide. Plaintiffs are informed and believe, and thereon allege, that Defendant Martinez was working
alongside Defendant Hodges on the unit in which Mr. Collier was housed on the same day, and
therefore was also aware of Mr. Collier’s history of suicide attempts.
31. The Defendants knew that Mr. Collier was at high risk for suicide. The Defendants
also knew, or recklessly disregarded the knowledge, that Mr. Collier was prescribed many psychiatric
mediation—at least nineteen (19) during his time in CDCR—to treat his mental health disorders.
Similarly, the Individual Defendants knew, or recklessly disregarded the knowledge, that Mr. Collier
had a prior history of suicide attempts, multiple instances of self-harm, and was a danger to himself.
32. Mr. Collier also routinely told prison staff that he was in excruciating pain due to his
Failed Back Surgery Syndrome, chronic low back pain, and prior surgery to his testicles.
33. As a result of the deliberate indifference of Defendants, including inadequate screening,
inadequate monitoring, and the deprivation of pain medications, Mr. Collier died by suicide on
October 17, 2020, by cutting his left forearm, thereby dying of exsanguination. He was in a cell by
himself, and had not been checked on for many hours, despite the fact that Mr. Collier’s mental health
disorders were readily apparent to even a casual observer.
FAILURE TO ADEQUATELY SUPERVISE AND MONITOR
34. Prison records reveal the following information about Mr. Collier:
a. He was under the care of a doctor for medical and psychiatric reasons;
b. He was taking prescribed medicine;
c. He was suffering from chronic pain;
d. He had mental health problems;
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e. He was a victim of sexual and physical abuse;
f. He had previously attempted suicide multiple times;
g. He had engaged in repeated instances of self-harm; and
h. He was under the care of a psychologist.
35. Despite the fact that Mr. Collier previously attempted suicide and had psychiatric
issues, Mr. Collier was placed in a single cell without adequate monitoring or supervision. He was
allowed access to a sharp instrument—a nail clipper—which is the same instrument he had used in
prior self-injury and suicide attempts.
36. On October 17, 2020, Defendants saw Mr. Collier “in the morning hours,” when he was
given breakfast. Mr. Collier did not report for the noon inmate count. However, despite missing
count, no further checks were conducted on Mr. Collier until well into the late afternoon at
approximately 3:32 p.m. It was at this time that Defendants found Mr. Collier on his cell floor,
unresponsive. They called for medical aid, and Mr. Collier was transported to the Treatment and
Triage Area at approximately 3:40 p.m. Mr. Collier was pronounced dead at 4:00 p.m.
37. Deputy Coroner Mary Abidayo responded to Mr. Collier’s cell at 6:35 p.m., where she
noticed broken nail clippers on Mr. Collier’s desk with blood present on them. Defendants knew, or
recklessly disregarded the knowledge, that Mr. Collier had self-inflicted injuries from nail clippers on
prior occasions.
38. Plaintiffs are informed and believe and thereon allege that a history of prior suicide
attempts places an individual at increased risk of attempting suicide again in the future. Plaintiffs are
informed and believe and thereon allege that the Defendants were each aware of, or recklessly
disregarded, the fact that Mr. Collier had a history of multiple prior suicide attempts, which placed
him at an increased risk of attempting suicide again. Defendants affirmatively recognized this risk, as
evidenced by their statements documented in Mr. Collier’s autopsy report.
39. A basic physical examination of Mr. Collier revealed significant evidence of prior
suicide attempts and instances of self-harm. Mr. Collier’s autopsy indicated he had old scars on his
neck, on both sides; scratches on his forearms; abrasions on his left flank; scratches on his feet; dried
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blood in the nail beds of his left hand; and an open laceration to his right forearm. According to the
autopsy report, the fatal wound was inflicted on his left forearm.
40. These scars and old injuries would have been readily visible to any correctional officer
interacting with Mr. Collier. Plaintiffs allege, on information and belief, that Defendants had seen
these scars and understood them to be from prior suicide attempts.
41. Plaintiffs are informed and believe and thereon allege that Defendants Hodges and
Martinez knew and consciously disregarded the obvious physical signs and reported information that
indicated Mr. Collier was at increased risk of suicide, and did not adequately supervise or monitor Mr.
Collier, causing his death.
FAILURE TO ADEQUATELY TREAT HEALTH AND MENTAL HEALTH ISSUES
42. Mr. Collier had an extensive history of both physical and mental health issues,
including severe lower back pain that was inadequately treated.
43. Records reflect that Mr. Collier advised prison officials on numerous occasions about
his intractable back pain, and they refused treatment, including appropriate pain management.
44. Records also reflect that Mr. Collier cut himself at times in order to distract himself
from his back pain, and indicated that his untreated back pain was part of the reason for his suicide
attempts.
45. Plaintiffs are informed and believe and thereon allege that, had Doe Defendants
provided adequate treatment for both his mental and physical ailments, Mr. Collier would not have
died by suicide.
FAILURE TO APPROPRIATELY HOUSE DECEDENT AND RESTRICT DECEDENT’S
PERSONAL ITEMS (DOE DEFENDANTS)
46. On information and belief, Plaintiffs believe and thereon allege that Mr. Collier was not
appropriately housed, because Defendants failed to prevent Mr. Collier from possessing sharp personal
items with which he could harm himself.
47. On information and belief, Plaintiffs believe and thereon allege that Mr. Collier was not
housed in a manner suitable for a person at risk for suicide, particularly with repeated prior instances
of attempted suicide by cutting. On information and belief, Plaintiffs allege that housing a potentially
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§ 1983, CALIFORNIA CIVIL CODE § 52.1, AND WRONGFUL DEATH
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suicidal inmate alone increases the risk of that inmate dying by suicide, because it increases the chance
that any suicide attempt will be successful, as there is less opportunity for intervention and assistance.
48. CDCR records also note that the cell contained nail clippers, which Mr. Collier had
specifically used to self-harm in the past.
49. Information about which officers within the prison were responsible for the decisions
about Mr. Collier’s housing and personal items is not yet available. Plaintiffs are informed and
believe and thereon allege that one or more Doe Defendants transferred Mr. Collier to the cell in
which he ultimately killed himself, and failed to prevent his access to sharp instruments, despite
knowing or recklessly disregarding the risk of suicide.
FIRST CAUSE OF ACTION – DELIBERATE INDIFFERENCE IN VIOLATION OF THE
EIGHTH AMENDMENT (Plaintiffs, as successors in interest to Decedent against all
Defendants)
50. Plaintiffs re-assert and re-allege Paragraphs 1 to 49, as though fully set forth herein.
51. Defendants Hodges and Martinez were deliberately indifferent to the well-being of Mr.
Collier. Defendants knew of Mr. Collier’s history of previous suicide attempts, the multiple reports
documenting his mental health disorders, which included psychotic behavior and grandiose delusions,
and Mr. Collier’s own expression of his intent to commit suicide.
52. Specifically, Defendants admit they were aware of at least two (2) prior incidents
involving Mr. Collier attempting suicide through cutting with sharp objects.
53. Despite having knowledge of the increased risk of suicide Mr. Collier faced,
Defendants Hodges and Martinez, and DOES 1 through 10, inclusive, were deliberately indifferent to
the well-being of Mr. Collier, because they failed to adequately monitor and supervise his activities
while in custody.
54. Notably, Defendants failed to check on Mr. Collier to ensure he was alive, safe, and
uninjured between the time breakfast was served on the morning of October 17, 2020 and 3:32 p.m.—
a period of approximately eight or nine hours—despite the fact that Mr. Collier missed the noon
inmate count.
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COMPLAINT FOR VIOLATIONS OF THE EIGHTH AND FOURTEENTH AMENDMENT PURSUANT TO 42 U.S.C.
§ 1983, CALIFORNIA CIVIL CODE § 52.1, AND WRONGFUL DEATH
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55. This failure to adequately supervise Mr. Collier, including by conducting regular cell
checks, directly and proximately caused Mr. Collier’s death. Mr. Collier thereby suffered pecuniary
and non-pecuniary damages in an amount to be determined at trial.
56. The conduct of Defendants was cruel and unusual punishment in violation of the Eighth
Amendment to the U.S. Constitution and was willful, wanton, malicious, and done with a deliberate
indifference for the rights and safety of Mr. Collier, and therefore warrants an award of exemplary and
punitive damages.
SECOND CAUSE OF ACTION - DELIBERATE INDIFFERENCE TO MEDICAL AND
MENTAL HEALTH NEEDS IN VIOLATION OF THE EIGHTH AMENDMENT (Plaintiffs
Susan Ottele and William Collier, Jr., as successors in interest to Decedent against DOES 1
through 10, inclusive)
57. Plaintiffs re-assert and re-allege Paragraphs 1 to 56, as though fully set forth herein.
58. Mr. Collier was an inmate at the Kern Valley State Prison, and accordingly had a right
to receive adequate physical and mental health care from Defendants under the Eighth Amendment.
59. Defendants knew that Mr. Collier was at a high risk for suicide, given his documented
past suicide attempts and instances of self-harm.
60. Plaintiffs allege that Doe Defendants were deliberately indifferent to Mr. Collier’s
physical and mental health needs. Specifically, Defendants failed to adequately treat Mr. Collier’s
mental illnesses and failed to provide him with adequate health care to remedy his chronic pain.
61. As a direct and proximate cause of the Doe Defendants’ failures to adequately treat Mr.
Collier’s mental illness and chronic pain, Mr. Collier died by suicide on October 17, 2020, and thereby
suffered pecuniary and non-pecuniary damages in an amount to be determined at trial.
62. Plaintiffs seek leave to conduct discovery to identify the Doe Defendants directly
responsible for Mr. Collier’s physical and mental health care during his incarceration at Kern Valley
State Prison.
63. The conduct of Defendants was cruel and unusual punishment in violation of the Eighth
Amendment to the U.S. Constitution and was willful, wanton, malicious, and done with a deliberate
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indifference for the rights and safety of Mr. Collier, and therefore warrants an award of exemplary and
punitive damages.
THIRD CAUSE OF ACTION – DELIBERATE INDIFFERENCE UNDER THE EIGHTH
AMENDMENT; INADEQUATE HOUSING (Plaintiffs Susan Ottele and William Collier, Jr., as
successors in interest to Decedent against DOES 1 through 10, inclusive)
64. Plaintiffs reassert and reallege Paragraphs 1 to 63, as though fully set forth herein.
65. Mr. Collier was housed in a single cell, despite a significant history of suicide attempts.
66. On information and belief, Plaintiffs allege that individuals housed alone are at
significantly greater risk of dying by suicide, because there is no one present to intervene or summon
assistance, if necessary.
67. Doe Defendants knew that Mr. Collier was at a serious risk of death by suicide, given
his numerous prior suicide attempts, his history of self-injury, his inadequately treated mental health
issues, and his inadequately treated chronic pain.
68. Doe Defendants nevertheless housed Mr. Collier in a cell by himself, thereby placing
him at greater risk of dying by suicide.
69. As a direct and proximate cause of Doe Defendants’ failure to adequately house Mr.
Collier, Mr. Collier died by suicide, and thereby suffered pecuniary and non-pecuniary losses in an
amount to be determined at trial.
70. Plaintiffs seek leave to conduct discovery to identify the Doe Defendants directly
responsible for Mr. Collier’s housing during his incarceration at Kern Valley State Prison.
71. The conduct of Doe Defendants was cruel and unusual punishment in violation of the
Eighth Amendment to the U.S. Constitution and was willful, wanton, malicious, and done with a
deliberate indifference for the rights and safety of Mr. Collier, and therefore warrants an award of
exemplary and punitive damages.
FOURTH CAUSE OF ACTION – FOURTEENTH AMENDMENT SUBSTANTIVE DUE
PROCESS CLAIM FOR LOSS OF COMPANIONSHIP (Plaintiffs Susan Ottele and William
Collier, Jr., each on their own behalf, against all Defendants)
72. Plaintiffs re-assert and re-allege Paragraphs 1 to 71, as though fully set forth herein.
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73. Defendants’ actions in this case—including but not limited to: (1) the failure to
adequately monitor and supervise Mr. Collier; (2) the failure to provide appropriate medical and
mental health care for Mr. Collier to treat his mental illness and chronic pain; and (3) the failure to
adequately house Mr. Collier in order to minimize the risk of him dying by suicide—were the direct
and proximate causes of Mr. Collier’s death by suicide on October 17, 2020.
74. These actions, both individually and collectively, shock the conscience, and evidence
both deliberate indifference and reckless disregard to the mental health and medical needs of Mr.
Collier.
75. Through these actions, Defendants have deprived Plaintiffs Susan Ottele and William
Collier, Jr. of the love, companionship, comfort, care, assistance, protection, affection, society,
support, training, and guidance of their son, Adam Collier.
76. Plaintiffs have suffered pecuniary and non-pecuniary losses in an amount to be
determined at trial.
FIFTH CAUSE OF ACTION – CIVIL CODE § 52.1 (Plaintiffs Susan Ottele and William
Collier, Jr., as successors in interest to Decedent against all Defendants)
77. Plaintiffs re-assert and re-allege Paragraphs 1 to 76, as though fully set forth herein.
78. Plaintiffs allege that Defendants interfered with Mr. Collier’s constitutional right to
receive adequate mental and physical health care while incarcerated through their deliberate
indifference to Mr. Collier’s risk of suicide. Specifically, Defendants (1) failed to appropriately
monitor and supervise Mr. Collier; (2) failed to provide adequate mental or medical health care to treat
his mental illness and chronic pain; and (3) failed to appropriately house Mr. Collier to minimize the
risk of him dying by suicide.
79. Defendants’ actions directly and proximately caused Mr. Collier’s death by suicide, and
Mr. Collier suffered pecuniary and non-pecuniary losses in an amount to be determined at trial.
SIXTH CAUSE OF ACTION – WRONGFUL DEATH and SURVIVAL ACTION UNDER CCP
§§ 377.30, 377.60 et seq. (Plaintiffs Susan Ottele and William Collier, Jr., on behalf of themselves
and as successors in interest to Decedent against all Defendants)
80. Plaintiffs re-assert and re-allege Paragraphs 1 to 79, as though fully set forth herein.
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 12 of 24
{8727/002/01377699.DOCX} 12
COMPLAINT FOR VIOLATIONS OF THE EIGHTH AND FOURTEENTH AMENDMENT PURSUANT TO 42 U.S.C.
§ 1983, CALIFORNIA CIVIL CODE § 52.1, AND WRONGFUL DEATH
1
2
3
4
5
6
7
8
9
10
11
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13
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81. Plaintiffs Susan Ottele and William Collier, Jr. bring this cause of action both on their
own behalf under Code of Civil Procedure § 377.60 and as successors in interest to the Decedent, Mr.
Collier, under Code of Civil Procedure § 377.30.
82. As a direct and proximate result of the negligence, wrongful acts, conduct, and
omissions of the Defendants, and each of them, Plaintiffs have been deprived of the decedent’s love,
companionship, comfort, care, assistance, protection, affection, society, support, training, and
guidance. Susan Ottele and William Collier, Jr. are the parents of the decedent, and are therefore
people entitled to recover wrongful death damages pursuant to California Code of Civil Procedure
§ 377.60 et seq. Plaintiffs have suffered pecuniary and non-pecuniary losses in an amount to be
determined at trial.
83. As a direct and proximate result of the negligence, wrongful acts, conduct, and
omissions of the Defendants, and each of them, Mr. Collier suffered severe and painful injuries, which
resulted in recoverable legal damages prior to Mr. Collier’s death. Plaintiffs have the authority to
commence a survival action on decedent’s behalf pursuant to California Code of Civil Procedure
§ 377.30 et seq.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment and an order against each Defendant as follows:
1. On each of the causes of action, for damages, including but not limited to damages for
economic harm, non-economic harm, pain, suffering, emotional distress, and punitive damages,
according to proof at trial;
2. On each of the causes of action, for injunctive relief as may be shown to be proper;
3. On each of the causes of action, for attorneys’ fees, costs, and interest, as authorized by
law; and
4. Any other relief that this Court deems just and proper.
///
///
///
///
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 13 of 24
{8727/002/01377699.DOCX} 13
COMPLAINT FOR VIOLATIONS OF THE EIGHTH AND FOURTEENTH AMENDMENT PURSUANT TO 42 U.S.C.
§ 1983, CALIFORNIA CIVIL CODE § 52.1, AND WRONGFUL DEATH
1
2
3
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5
6
7
8
9
10
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Dated: February 14, 2022. WANGER JONES HELSLEY PC
By: __/s/ Christopher A. Lisieski _____________
Christopher A. Lisieski
Attorney for Plaintiffs
REQUEST FOR JURY TRIAL
Plaintiffs request a trial by jury for all causes of action to which they are entitled to a jury.
Dated: February 14, 2022. WANGER JONES HELSLEY PC
By:__/s/ Christopher A. Lisieski______________
Christopher A. Lisieski
Attorney for Plaintiffs
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 14 of 24
Exhibit “A”
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 15 of 24
STATE OF CALIFORNIA
GOVERNMENT
CLAIM
DGS ORIM 006 (Rev. 08/19)
cLArMANT1NF()RMAr10t-i ·
LAST NAME
Collier
INMATE OR PATIENT IDENTIFICATION NUMBER (if applicable)
#AP7203
TELEPHONE NUMBER
See attached for contact information
MAILING ADDRESS
See attached for contact information
IS THE CLAIMANT UNDER 18 YEARS OF
AGE?
ICJ
Yes
!]] No
IS THIS AN AMENDMENT
TO
A PREVIOUSLY EXISTING CLAIM?
~Yes
ONo
LAST NAME
Lisieski
TELEPHONE NUMBER
559-233-4800
MAILING ADDRESS
265
E.
River Park Circle, Suite 310
c.:i:A1M}NFQRMA:r10~·-•··
STATE AGENCIES OR EMPLOYEES AGAINST WHOM THECLAIM IS FILED
DEPARTMENT
OF
GENERAL SERVICES
OFFICE OF RISKAND INSURANCE MANAGEMENT
FIRST NAME
Adam
BUSINESS NAME(if applicable)
N/A
EMAIL ADDRESS
See attached for contact information
CITY STATE
INSURED NAME(lnsurance Company Subrogation)
MIDDLE INITIAL
J
ZIP
EXISTING CLAIM NUMBER
{if
applicable) EXISTING CLAIMO.NTNAME(ifapplicable)
N/A
Collier, Adam J.,
et
al. (see attached)
FIRST NAME
Christopher
EMAIL ADDRESS
CITY
Fresno
STATE
CA
MIDDLEINITIAL
A
ZIP
93720
CDCR, Kern Valley State Prison, Oscar Martinez, Aaron Hodges,
et
al.
LATE CLAIM EXPLANATION (Required, if incident was more than six months ago)
N/A
CIVIL CASE TYPE(Required,if amount
is
more than $10,000)
DOLLAR AMOUNT OF CLAIM
See attached
D Limited ($25,000orless)
EJ
Non-Limited (over$25,000)
DOLLAR AMOUNT EXPLANATION
See attached
INCIDENT LOCATION
See attached
SPECIFIC DAMAGE
ORINJURY
DESCRIPTION
See attached
CIRCUMSTANCES THAT LED
TO
DAMAGE OR INJURY
See attached
EXPLAIN WHY YOU BELIEVE THE STATE IS RESPONSIBLE FOR THE DAMAGE OR INJURY
See attached
Page1 of2
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 16 of 24
STATE OF CALIFORNIA
GOVERNMENT
CLAIM
DGS
ORIM
006
(Rev.
08/19)
DEPARTMENT OF GENERAL SERVICES
OFFICE
OF
RISKAND
INSURANCE MANAGEMENT
AUTOMOBILE CLAIM INFORMATION.
.
•·
'
,,
,_
- -
-_-./
DOES
THE
CLAIM
INVOLVE A
STATE
VEHICLE?
VEHICLE LICENSE NUMBER(if known
STATE
DRIVER
NAME
(if known)
[jJ
Yes
IIEl]
No
N/A
N/A
HAS
A
CLAIM
BEEN
FILED
WITH
YOUR
INSURANCE CARRIER? INSURANCE CARRIER NAME
INSURANCE
CLAIM
NUMBER
0Yes
liJ
No
N/A
N/A
HAVE
YOU
RECEIVEDAN
INSURANCE
PAYMENT
FOR
THIS
DAMAGE
OR
INJURY?
AMOUNT RECEIVED (if any)
AMOUNT
OF
DEDUCTIBLE(if
any)
0Yes
liJ
No
N/A
N/A
NOTICE'ANIJ$1~NAJU1'E<
·.·.
I
declare
under
penalty
of perjury under
the
laws
of the State of
California
that
all
the
information I
have
provided
is
true
and
correctto
the
best
of
my
information
and
belief.
I further
understand
that if I
have
provided information that
is
false,
intentionally
incomplete,
or
misleading
I
may
be
charged
with a felony punishable
by
up
to
four
years
in
state
prison
and/or a fine of
up
to
$10,000
(Penal
Code
section
72).
PRINTED
NAME
('~
,·
to
l..v
A.
Li:,;
esl,
._,.:
>
.\
• Include a check or
money
order for
$25,
payable
to
the
State of
California.
• $25filing
fee
is
not
required
for
amendments
to
existing
claims.
• Confirm
all
sections
relating to this
claim
are
complete
and
the
form
is
signed.
•
Attach
copies
of
any
documentation that supports your
claim.
Do
not submit
originals.
DATE
0"(
Mail the claim form and all attachments to:
Claim forms can also
be
delivered to:
Office
of
Risk and Insurance Management
Government Claims Program
P.O.Box 989052, MS414
West Sacramento,CA 95798-9052
Office
of
Risk and Insurance Management
Government Claims Program
707 3rd Street, 1st Floor
West Sacramento,CA 95605
1-800-955-0045
This notice is provided pursuant to the Information Practices Act
of
1977, California Civil Code Sections1798.17&1798.24and the Federal
Privacy Act (Public Law93-579).
The
Department
of
General Services(DGS),Office
of
Risk and Insurance Management (ORIM),is requesting the information specified on this
form pursuant to Government Code Section905.2(c).
The principal purpose for requesting this data is to process claims againstthe state
The
information provided will/may be disclosed to a person,or
to
another agency where the transfer is necessary for the transferee-agency to perform its constitutional
or
statutory duties,and the use is
compatible with a purpose for which the information was collected and the use
or
transfer is accounted for in accordance with California Civil Code
Section 1798.25.
Individuals should not provide personal information that is not requested.
The
submission
of
all information requested is mandatory unless otherwise noted.
If
you fail to provide the information requested
toDGS,orif
the
information provided
is
deemed incomplete
or
unreadable, this may result in a delay in processing.
Department Privacy Policy
The
information collected by DGS Is subject to
the
limitations in the Information Practices
Act
of
1977and state policy (see State Administrative
Manual 5310-5310. 7). For more information on how
we
care foryourpersonal information, please read
the
DGS Privacy Policy.
Access to Your Information
ORIM is responsible for maintaining collected records and retaining them for 5 years. You have a right to access records containing personal
information maintained by
the
state entity.
To
request access,contact:
DGSORIM
Public Records Officer
707 3rd st., West Sacramento,CA 95605
916 376-5300
Page2of2
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 17 of 24
CLAIMS OF SUSAN OTTELE, WILLIAM COLLIER, AND
THE
ESTATE OF ADAM
COLLIER (DECEASED) AND DEMAND
FOR
PRESERVATION
OF
EVIDENCE
Submitted pursuant to California Government Code § 910 et seq. to the Office
of
Risk
and
Insurance Management
on
behalf
of
the California Department
of
Corrections
and
Rehabilitations,
and
Officers Anthony Sotello, Oscar Martinez, Aaron Hodges,
and
Other
Unknown Officers
Names
of
Claimants:
The estate
of
Adam Collier ( decedent).
Susan Ottele, who is the mother
of
Adam Collier.
William Collier, who is the father
of
Adam Collier.
Under California Code
of
Civil Procedure§ 377.11, Susan Ottele and William Collier are proper
Successors in Interest to the Estate
of
Adam Collier, deceased.
This
is
.!ID
amendment
of
prior claims submitted for Adam Collier, Susan Ottele, and William
Collier
,via
certified mail on March
8,
2021. No Claim Number has yet been issued for this
claim,
to
the Claimants' knowledge.
Contact Information:
Ms. Ottele and Mr. Collier may be contacted through counsel:
Chris Lisieski
Wanger Jones Helsley PC
265
E.
River Park Circle, Suite 310
Fresno, California
93
720
Phone:559-233-4800
Fax: 559-233-9330
E-mail:[email protected]
Description
of
Claim for Damages
Adam Collier (#AP7023) died on October 17, 2020
of
apparent suicide. Preliminary
information shows that the last time Adam was seen was at breakfast on that date. He did not
report for noon count. His body was apparently located in his cell at 3 :32 p.m. by Officers Oscar
Martinez and Aaron Hodges. This would have been approximately nine hours after he was
apparently last seen by any correctional officers, and more than three and a half hours after he
missed count.
Adam had a long, significant history
of
mental illness and prior suicide attempts,
of
which Officers Martinez and Hodges, and other officers who were working, would have been
well aware. Indeed, Adam had highly visible scars on both sides
of
his neck from one such prior
{8727 /002/01220598.DOCX}
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 18 of 24
attempt. Adam had prior diagnoses including both bipolar disorder and post-traumatic stress
disorder (PTSD), and had severe, untreated physical pain from successive failed back operations.
On information and belief, the California Department
of
Corrections and Rehabilitation,
Officers Martinez and Hodges, and other officers whose identity is not yet known ( collectively,
"Respondents"), knew and/or had reason to know that Adam was suicidal and/or at a serious risk
of
dying by suicide. Respondents were deliberately indifferent to Adam's serious and immediate
mental and physical health needs, including his suicidality, mental illness, and physical pain.
Respondents failed to appropriately house Adam; failed to provide appropriate mental health
care treatment
to
Adam, given his history
of
suicide attempts; failed to adequately treat Adam's
physical pain; failed to prevent Adam from accessing sharp instruments, with which he had
previously attempted suicide and which were apparently used in his ultimate suicide.
Respondents also failed to adequately monitor or supervise Adam, and indeed even failed to find
him for more than three hours after he was absent from count.
These actions, and others not yet known, show deliberate indifference to Adam's mental
and physical health needs, and ultimately caused his death by suicide.
Respondents' acts and failures to act were objectively unreasonable under the
circumstances, done under color
of
law and within the course and scope
of
their employment,
and were the proximate cause
of
Adam's death. These actions and omissions by CDCR, its staff
and agents, including Officers Martinez and Hodges, and others not yet identified, constitute
violations
of
the United States and California Constitutions, the Americans with Disabilities Act
(ADA); Civil Code
§§
51, 51.7, 52.1, 52, 54 and
54.1
et seq., Government
Code§
845.6, other
federal and state laws, intentional infliction
of
emotional distress, negligence, and other common
law and statutory causes
of
action arising from Adam's mistreatment and death.
Claimants' Injnries and Amonnt
of
Damages Claimed:
Adam was wrongfully and unconstitutionally killed, suffering a loss
of
life, conscious
pain and suffering, and medical, funeral, and burial expenses. Susan Ottele and William Collier
also suffered from Adam's death, and seek their own personal damages, including pain and
suffering, emotional distress, and other economic and non-economic damages. Susan Ottele and
William Collier seek all damages, costs, fees, and penalties allowed under California Code
of
Civil Procedure § 377 et seq.; Code
of
Civil Procedure § 1021.5; California Civil Code
§§
51,
51.7, 52.1, 52, 54, and 54.1, et seq.; Government Code§ 845.6; 42 U.S.C.
§§
1983
and 1988; the
ADA, and as otherwise allowed by law. Claimants' damages are in excess
of
the minimum
jurisdictional limits
of
the Superior Courts
of
California (i.e., a non-limited civil case) and
include damages for wrongful death, survival claims, loss
of
life, conscious pain and suffering,
emotional distress, loss
of
companionship, society, services, relationship, and support, medical
and funeral expenses, loss
of
constitutional rights, and exemplary, punitive and statutory
damages.
II
I
Ill
{8727 /002/01220598.DOCX)
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 19 of 24
Identities
of
Public Employees Involved:
Respondents have not provided any information about any investigation into
Adam's
death, nor any information about his mental or physical health care and treatment while in the
custody
of
CDCR.
As
such, Claimants are presently unaware
of
all public employees who may
have been involved
in
proximately causing Adam's death. However, Claimants are aware that
Officers Gonzalez and Hodges were apparently
on
duty and staffing
the
area
of
the jail in which
Adam was housed, and therefore knew or should have known
of
the need to adequately supervise
Adam and prevent harm to him.
For any further information, please contact Claimants' attorney, Chris Lisieski, at Wanger Jones
Helsley PC, 265 E. River Park Circle, Suite 310, Fresno, California 93720, (559) 233-4800.
DEMAND FOR PRESERVATION OF EVIDENCE
Demand
is
hereby made
to
preserve all evidence and records related
to
this incident
and any investigation
of
this incident, including but not limited to: all "writings" within the
broadest definition
of
Evidence Code § 250; dispatch tapes; recordings; video recordings;
photographs; physical evidence; CAD reports and information; incident reports; use
of
force reports; medical records; any Taser record including all Taser dataport logs and
data; physical property; all investigation records, including investigators' notes, email,
electronic documents, statements, other notes, correspondence, and memoranda; and all
things related
to
this claim and the incident described herein
as
material evidence
to
the
"Claim
of
Adam Collier, et al." and Claimants' potential claims under federal and state
law. You are further required to preserve all such recordings pursuant to California Government
Code § 34090.6.
If
you
have any questions about the recordings, documents, or other items at
issue, please contact Chris Lisieski at the above address and telephone number before destroying
any tapes, recording, documents, evidence, writings, or other items that
may
relate to this Claim
or other potential claims brought
by
or on behalf
of
the Claimants.
Dated:
April
8,
2021
{8727 /002/012205 98.
DOCX}
WANGER
JONES HELSLEY
PC
!l/rr/
~
--·
14~v-~
Cl\ristpher
A. Lisieski
Attorney for Claimants
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 20 of 24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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17
18
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21
22
23
24
25
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PROOF OF SERVICE
My business address is 265 East River Park Circle, Suite 310, Post Office Box 28340,
Fresno, California 93729. I am employed in Fresno County, California. I am over the age
of
18
years and am not a party
to
this case.
On the date indicated below, I served the foregoing document(s) described as STATE
OF CALIFORNIA GOVERNMENT CLAIM on all interested parties in this action by placing
a true copy thereof enclosed in sealed envelopes addressed as follows:
Office
of
Risk and Insurance Management
Government Claims Program
P.O. Box 989052, MS414
West Sacramento, CA 95789-9052
X
X
(BY CERTIFIED MAIL) I am readily familiar with the business' practice for
collection and processing
of
correspondence for mailing, and that con-espondence,
with postage thereon fully prepaid, will be deposited with the United States Postal
Service on the date noted below in the ordinary course
of
business, at Fresno,
California.
(BY FACSIMILE) I caused such document(s)
to
be transmitted to the
addressee(s) facsimile number(s) noted above. The facsimile machine I used
complied with Rule 2003(3) and the transmission was reported
as
complete and
without e!l'or.
(BY ELECTRONIC SERVICE) I caused the foregoing document(s) to be
scanned into
pdf
format and sent via electronic mail
to
the electronic mail
address(es)
of
the designated addressee(s).
(BY OVERNIGHT COURIER) I caused the above-referenced envelope(s)
to
be delivered to an overnight courier service for delivery to the addressee(s).
(STATE) I declare under penalty
of
perjury under the laws
of
the State
of
California that the foregoing is true and correct.
Executed on April
8,
2021, at Fresno, California.
Kim~yDod
{ 8727/002/01223103 .DOCX)
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 21 of 24
Exhibit “B”
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 22 of 24
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 23 of 24
Case 1:22-cv-00187-JLT-BAK Document 1 Filed 02/14/22 Page 24 of 24
