SAN FRANCISCO - B.R., by and through his guardian ad litem, Makenzie Russell, individually and as successor-in-interest to Brian Alexander Russell, filed a federal complaint on October 13 in the Northern District of California against the City and County of San Francisco for deliberate indifference and familial loss, violation of the Bane Act, negligence and wrongful death.
According to the complaint, on Feb. 13, 2021, Russell was taken into the custody of the City and County of San Francisco Sheriff’s Department at the San Francisco County Jail where he informed the staff of having a history of taking narcotics, including opioids, and that he had recently used methamphetamine and heroin.
Due to his disclosure, staff placed him into a detox cell. On February 15 or in the early morning hours of February 16, staff placed Russell into an E-pod cell alone, the suit says.
On February 16, Russell reported having shortness of breath, a known symptom of opioid withdrawal, causing staff to call medical care; Russell began having a seizure, the suit says. When medical professionals arrived, they found Russell on the floor of his cell throwing up coffee-colored vomit and he soon quit breathing, the suit says. He was pronounced dead at 2:40 p.m. on February 16. Plaintiffs allege that it is the jail staff's fault for forcing Russell to detox without proper medical care and supervision.
Plaintiffs seek general, special and punitive damages, cost of suit and attorney's fees. Plaintiffs are represented by Patrick Buelna of Pointer and Buelna, LLP.
U.S. District Court for the Northern District of California case number 3:21-cv-08014-WHO