Los Angeles Times

Suit over jail injury settled

Juan Isaac Garza will receive $5.9 million after suffering permanent brain damage in May 2012.

- By Melissa Etehad melissa.etehad@latimes.com

Los Angeles County will pay $5.9 million to a man who suffered permanent brain damage in 2012.

A 27-year-old man who suffered permanent brain damage after he was injured in a Los Angeles jail will receive $5.9 million under a settlement approved Tuesday by the county Board of Supervisor­s.

Juan Isaac Garza was jailed at Twin Towers Correction­al Facility in May 2012 on attempted murder charges. He was considered a suicide risk and was placed in secure housing where he could be closely monitored, according to a lawsuit filed in L.A. County Superior Court.

The lawsuit said that a sheriff’s deputy became alarmed after seeing Garza mumbling to himself and standing on a chair.

The deputy summoned a psychologi­st, who found Garza lying face up on the floor of his cell and unable to respond to questions, according to the lawsuit and a case summary provided to supervisor­s.

Despite learning from an inmate that Garza had fallen backward and hit his head multiple times on the concrete floor, the psychologi­st, Ellen Wong, decided to place him in a single-man isolation cell without a doctor evaluating him, the lawsuit said.

Later that morning, a deputy found Garza unresponsi­ve on his cell floor. He was sent to Los Angeles County-USC Medical Center and underwent surgery, said his lawyer, Hermez Moreno.

As a result of his injuries, Garza now must use a wheelchair and has permanent cognitive disabiliti­es that make it difficult for him to communicat­e and take care of himself, Moreno said.

“This settlement is just another chapter in this poor guy’s life. He’s trapped in a body unable to express himself,” Moreno said.

Garza’s father and conservato­r, Juan Garza, filed a negligence lawsuit on his behalf in 2014.

It alleged that sheriff’s deputies failed to perform wellness checks on inmates who showed the potential to harm themselves every 15 minutes as the policy required, according to the complaint.

It also alleged that Garza was left alone and unmonitore­d for up to 45 minutes before he was found unresponsi­ve in his cell.

Garza had been charged with attempted murder after allegedly hitting a woman with a crowbar.

The Sheriff’s Department blamed the incident on the lack of an “Inmate Safety Check” plan for deputies responding to someone who is found unresponsi­ve in their cell.

It also found that a lack of video cameras contribute­d to the incident, according to the case summary.

The supervisor­s on Tuesday held off on approving the Sheriff’s Department’s corrective action plan, which was submitted to the board along with the case summary.

Tuesday’s settlement comes after a recent county counsel report found that in fiscal year 2016-17 the county paid out $68.6 million in judgments and settlement­s involving the Sheriff’s Department, the most of any county department.

The settlement funds will be paid out of the sheriff ’s and Department of Mental Health budgets.

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