REGION: Man hurt in jail sues for $15 million

Henry Kodimer quadriplegic since diving from bunk bed in cell

By TERI FIGUEROA - Staff Writer | Monday, April 21, 2008 11:35 PM PDT

ESCONDIDO ---- A mentally ill Escondido man who an attorney says dived off a top bunk in a Vista jail cell, breaking his neck and leaving him quadriplegic, has filed a lawsuit contending authorities should have steered him toward treatment, not jail.

Henry Kodimer, through his mother, is suing San Diego County, the city of Escondido and three police officers, alleging that negligence by the police and staffers at the Vista jail led to the incident on Feb. 18, 2007.

The suit, which seeks $15 million, also claims violations of Kodimer's civil rights, as well as violations of the Americans with Disabilities Act.

The county, city and officers deny the charges, their attorneys said Monday.

Two days before he leapt from the bed, officers had taken Kodimer into custody at his mother's home, after his bizarre behavior led her to call police, his attorney, Hermez Moreno, said.

Kodimer was arrested on suspicion of assault, according to court records. It was immediately unclear whom he allegedly assaulted.

Los Angeles-based Moreno said his client has suffered from paranoid schizophrenia for most of his life, and that he should not have been housed in a crowded cell, but rather given treatment.

"When you have people that have suicidal ideation or suffering from what he was, you monitor them, prevent them from hurting themselves, and you also don't place them in a bunk bed," Moreno said.

Escondido assistant city attorney Michael R. McGuinness said Monday that the city and the police officers who arrested Kodimer are not responsible for his injury.

"Mr. Kodimer's apparently self-inflicted injuries were sustained when he was outside of the city's custody," McGuinness said in an e-mail.

The suit was filed in November, but somehow did not land on the desk of county attorneys at the time. They received a copy of it Monday, said Ricky R. Sanchez, the county attorney assigned to the case.

Sanchez said the county is "confident that Mr. Kodimer was appropriately treated and housed in the jail."

According to the suit, Kodimer was living with his mother when he began acting so erratically that she had to call police.

Moreno said his client was off his medication at the time, and was naked in the backyard of the home when police arrived.

"He was engaged in behavior that should have alerted anybody, trained or not, that he was not sane," Moreno said.

The suit states that Kodimer's mother, Lyn Ramskill, gave his prescription medication to the officers, "stressed the critical nature" of her son's mental health condition and pleaded with them to take him in for treatment.

Instead, the officers took Kodimer to the Vista jail, the suit states. There, he was placed in the general population and housed in a cell with other inmates.

The placement put Kodimer "at undue and unreasonable risk of harm," the suit reads.

Two days later, Moreno said, Kodimer screamed "God bless America" and dived from the top bunk of his bed.

Kodimer, 36, was on a ventilator until about 10 days ago, Moreno said.

The court has appointed Kodimer's mother as his guardian for purposes of the lawsuit. She could not be reached for comment.

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.

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Kevin wrote on Apr 21, 2008 6:52 PM:How much more does it take until we as a country emerge from the middle ages and treat mentally ill people instead of locking them up?

Throw Momma From The Train wrote on Apr 21, 2008 7:26 PM:Sorry, I didn't catch that. Who was the pinhead who called the cops instead of a psychiatric treatment facility?

Jeff wrote on Apr 21, 2008 7:54 PM:I think I'm going to step in front of a bus and then file a lawsuit against North County Transit. Unbelievable. LOL at dumb people.

Ken wrote on Apr 21, 2008 8:29 PM:I guess it would be right on track for us as a community to sue the mother, knowing her mentally disturbed son wasn't taking his medication.

Last time I checked the police department was not the ambulance service to the mental hospital.

MJ wrote on Apr 21, 2008 10:50 PM:From the stated facts it appears someone goofed. For example, did the authorities look to see what kind of medication it was --- if it was an anti-psychotic, did they know that. At a minimum he should have been put in a padded cell. The issue will be damages -- 15 million is pretty high; the county should simply offer to place him in care for life, not enrich his mother.

Roberto1 wrote on Apr 22, 2008 5:41 AM:How pathetic...and selfish as a society we have become. Neglecting the mentally is everyones reponsibility. We as a civilized? society owe it those who cannot fend for themselves.

Heh wrote on Apr 22, 2008 6:42 AM:I love how they make this sound like the guy was just tossed in jail and that was it. Everyone taken to county jail are screened by nurses and then ones with mental issues are seen by the doctor. This is just a case of people going after the deep pockets. Next time stay out of jail.

Jim wrote on Apr 22, 2008 6:48 AM:Why does the stupidity of the few command the greatest attention and money from the many? This is a stupid case. These are stupid people. This is where Darwin comes in.

Over Used Cliche Dude wrote on Apr 22, 2008 7:45 AM:Jim, the Darwin referenced is hardly original and is no longer funny. We are a nation of laws, we are not based on Darwinism. If we were anarchy would rule the day. Now, go back to your desk and think up something original to spout off about. jtzwf

Robin wrote on Apr 22, 2008 8:50 AM:Maybe he should be following the law and he wouldn't have been in a jail cell in the first place, if he is truly mentaly ill I'm sorry. It seems every one is mental in some way and still follow the law.

the crowd hater wrote on Apr 22, 2008 9:25 AM:dont arrest me I dont like crowds

To a few of the above.... wrote on Apr 22, 2008 9:29 AM:The mother did right in calling the police. It [appears] by the article that he had mental issues going on and perhaps the mother could not control him and quickest form of help was to call 911. It is up to the police to make the decision to take him to jail and or to a psychiatric facility. The problem with the cops is that they would have to take the time to drive him down to San Diego and its a pain in their ass's to do so.... I with the mother she did what she though was best for her son and she thought he would get the help he needed. Once again good old cops quick to do what is easiest and fits their agenda.

To Over Used wrote on Apr 22, 2008 9:31 AM:Even darwinism follows laws. The laws you speak of cost us billions every day, since the laws allow anyone to sue anyone else over anything. Any clue how much these sorts of lawsuits cost society? Every try to get workers comp insurance, or medical malpractice insurance? Don't you think the "fittest" according to the laws you speak of are actually the sue-happy lawyers and their "clients" that are rising to the top of the "fittest" ladder? I see darwinism at work, but I just see it backwards from Jim. The folks that are clueless, irresponsible, drains on society are now being made the fittest by these laws you speak of. And WE are paying the price for that. Add the power of the unions (run by lawyers) and the feeding frenzy is even worse. I don't think any of this is funny. But I do think if there isn't some balance put into this system, the rich trial lawyers and their almost as rich clients (i.e. victims) will suck the life blood of society dry, putting greater fear into our hearts than any predator in the wild ever did. That's REALLY scary.

Jim wrote on Apr 22, 2008 9:39 AM:Aren't we full of ourselves jtzwf. How about sticking to the subject at hand. ... If you feel the need to be above it all and have the higher calling, then you spend your money on the[m]. I have better things to spend my money on. So why don't you go back to your pulpit and preach to someone who cares.

To To a few wrote on Apr 22, 2008 11:34 AM:Mom let the problem, which was one she was the most familiar with, escalate to the point it was out of control. She took the easy way out and let her fingers do the walking by dialing 911 and passing her problem over to the cops. Unlike you, I expect people to act responsibly.

Re-To a few of the above.... wrote on Apr 22, 2008 11:34 AM:How do you know he was not taken to CMH or to another facility like Palomar? You are forming your opinion on weak information.

Bill wrote on Apr 23, 2008 2:28 PM:I am so fed up with money being taken form me (taxes) and given to people like this. I feel bad this mom as a son that has mental issues, but i don't want to pay for it. Keep you son out of jail and you won't have these problems.

Debbie wrote on Apr 24, 2008 8:44 AM:Why is everyone bashing his mom? She did the right thing! It's true that once the cops show up and know that just by seeing that he needs a mental evaluation they are suppose to send him to a psyc hospital. Yes they do escort him there as well. My nephew had the same problem and my sister would call the police each time he was out of hand. They would escort him to the mental hospital. The cops upon arrival should of evaluated him and escorted him to a mental hospital not put him in a jail cell with his state of mind. Being in the back yard naked is one sign of a mental disorder.

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