Bergner v. County of San Mateo

Background

Robert Bergner sued the County of San Mateo and 50 unnamed individuals after his son, Hunter Bergner, died by suicide while in custody at Maguire Correctional Facility, a county-operated jail.

The court had previously granted defendants’ motion to dismiss Bergner’s first complaint. It ruled that Bergner had not adequately alleged a municipal policy or custom needed to hold the County liable, and had not alleged enough specific facts to show that defendants knew or should have known that Hunter Bergner faced a heightened risk of suicide.

Amended Complaint

Bergner amended his complaint by adding one allegation. He alleged that, on the morning of the suicide, jail staff provided meals and checked inmates cell by cell; during that check, Hunter Bergner appeared visibly distraught in front of defendant deputies, who took no action.

Court’s Analysis

The court held that this allegation did not cure either pleading deficiency. The allegation about meal distribution and cell-to-cell checks did not support the existence of a County policy or custom of denying anxiety medication or treatment, or of ignoring signs that an inmate was at risk of suicide. The court also found that the vague description of Hunter Bergner as “visibly distraught” did not make it plausible that defendants knew or should have known he faced a heightened risk of suicide.

Because Bergner had not fixed the deficiencies that the court had identified in its earlier order, the court concluded that further permission to amend would be futile.

Ruling

Judge Charles R. Breyer granted defendants’ motion to dismiss the first amended complaint with prejudice. The opinion also states that the court resolved the matter based on the written submissions and vacated the scheduled hearing.