Judge dismisses Sutter County Jail suicide lawsuit

A federal judge has dismissed a civil suit against Sutter County's mental health and sheriff's departments over a man who committed suicide while in county custody in 2010.

But Judge Morrison C. England Jr. of U.S. District Court in Sacramento also gave the plaintiffs ample ability to file many of the complaints again and appeal.

The ruling, dated Tuesday, clears the county of much of the culpability for the death of Rodney Louis Bock of Yuba County, whose mental health decline led to his being in county jail when he killed himself.

In the 32-page ruling, England said on several occasions, the initial suit brought by Bock's family doesn't specify exactly which county officials, whether with the Sheriff's Department or Sutter-Yuba Mental Health Services, performed what actions that may have contributed to Bock's death.

"Defendants correctly argue that, as with the individual defendants, plaintiffs have failed to plead facts demonstrating each supervisory defendant's role in any alleged deprivation," England's ruling states in regards to causes of action claimed against Sutter County Sheriff J. Paul Parker and supervisors with mental health and human services.

"Without some specific allegations against each named defendant, plaintiffs' claims cannot withstand Defendants' motion to dismiss," the ruling states.

However, because England's ruling states most claims for relief are dismissed but with leave to amend, the plaintiffs can file them again with more supporting documentation to demonstrate what is alleged in the initial suit.

Aaron Fischer, one of three attorneys representing the plaintiffs, said he plans to appeal with amended claims.

"Part of the problem is that Sutter Cou ty's sheriff's office and Sutter County mental health have very poor record keeping," said Fischer, who is based in San Francisco. "We realize we have the burden of proof, but we think there are a lot of problems there."

The plaintiffs have 30 days from England's ruling to file an appeal on the suit, which was filed nearly a year ago.

In the suit, Bock, 56, was described as a longtime farmer who in late 2009 began to suffer from severe mental health issues, which came as a result of a blow to the head. After Bock was arrested in January 2010 for carrying a loaded gun into a Yuba City restaurant, he was booked into Sutter County Jail.

When he was arrested again in April 2, 2010, after failing to appear in court, he was taken first to mental health and then jail, where he apparently hung himself on April 29, 2010.

The suit contended the county agencies failed to properly care for him while in their custody or respond to his obvious signs of mental distress before he killed himself. In doing so, the county agencies as well as Napa State Hospital, whose administrator failed to admit Bock despite a court order requesting it, violated Bock's civil rights and rights under state law and the Americans with Disabilities Act.

An attorney for the defendants did not return a call for comment Thursday.

CONTACT Ben van der Meer at bvandermeer@appealdemocrat.com or 749-4786. Find him on Facebook at /ADbvandermeer or on Twitter at @ADbvandermeer.