Fahey v. County of Orange CA4/3

Filed 1/25/16 Fahey v. County of Orange CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

MATHEW M. FAHEY,

Plaintiff and Appellant, G051096

v. (Super. Ct. No. 30-2013-00628768)

COUNTY OF ORANGE et al., OPINION

Defendants and Respondents.

Appeal from a judgment of the Superior Court of Orange County, Corey S. Cramin, Judge. Affirmed. Mathew M. Fahey, in pro. per., for Plaintiff and Appellant. Sullivan, Ballog & Williams, Brian L. Williams, Michael S. Vasin and Michelle N. Vo for Defendants and Respondents. * * *

This is an appeal from a judgment following the trial court’s order sustaining the County of Orange’s (the County) demurrer as to Mathew Fahey’s second amended complaint without further leave to amend. The case arises out of Fahey’s time at the County’s Theo Lacy Facility (Theo Lacy). The complaint alleged that conditions at the jail and inadequate medical treatment led to various injuries. The County’s demurrer argued the complaint failed to state facts sufficient to maintain a cause of action under principles of governmental immunity. We agree and affirm the judgment.

I FACTS To the extent Fahey includes facts in his briefs that are not pertinent to the issues at hand, we disregard them. Fahey was incarcerated at Theo Lacy from April 3, 2009, to October 10, 2012. Prior to the operative complaint, Fahey filed two earlier complaints alleging negligence by the County. On March 26, 2014, he filed his second amended complaint (the complaint), also alleging negligence. He claimed he was subjected to shackling and unsanitary conditions and neglectful treatment by Theo Lacy’s staff. Among these were claims the staff did not supply, collect, or forward medical slips; did not provide a central location to deposit medical slips; ignored medical slips, including ones marked “urgent”; did not provide any outdoor recreation that included exposure to sunlight for the length of his incarceration; indiscriminately shackled inmates; failed to provide adequate medical treatment; failed to provide cleaning supplies; forced inmates to clean unsanitary areas without gloves; failed to inspect cells for unhealthy conditions; and in some cases, threw away medical slips altogether. As a result of such negligence, the complaint alleged, Fahey incurred “life-long injuries” including partial deafness, back and shoulder pain, depression, and humiliation.