By Jondi Gumz
To settle a wrongful death lawsuit filed by the family of Tamario Smith, 21, who died in custody at the county jail, the Santa Cruz County Board of Supervisors approved a settlement of a settlement of $2,210,000 during closed session on Oct. 29, according to Santa Cruz County spokesman Jason Hoppin.
It took several weeks to execute and finalize the payment, he said.
Smith, one of 13 children, moved from Stockton to Santa Cruz County with his family in 2001. He attended Live Oak Elementary School, Shoreline Middle School and graduated from Louden Nelson Community High School. He was a member of the Word of Life Church in Santa Cruz.
He was jailed on a domestic violence charge and had been in custody for four months when he died in solitary confinement May 10, 2020. Initially the county forensic pathologist determined the cause of death to be acute water intoxication, due to the over consumption of water in a short time, attributed to mental health issues. The death was classified as an accident.
On March 26, 2020, he was found incompetent to stand trial due to extreme psychosis, according to court records.
Medical reports showed he experienced schizophrenia, heard voices in his head, could not participate in his own criminal defense, lacked insight into his own condition, lacked the capacity to make well-reasoned medical decisions, and needed to be closely monitored in an inpatient psychiatric facility.
However, he could not be transferred to an appropriate psychiatric facility due to the COVID-19 pandemic.
Prior being in custody, he had documented mental health episodes, including being schizophrenic and psychotic, experiencing hallucinations and several 5150 commitments for being a danger to himself and others.
He also had a history of low blood sodium levels, according to court records.
On March 4, 2020, psychiatrist Gerald Lazar conducted his initial intake, determining that Smith suffered from bad auditory hallucinations and prescribing Smith psychotropic drugs, according to court records. Prior to prescribing these medications, Lazar did not order a routine blood panel or review Smith’s prior medical history, according to court records.
Smith’s family alleged that this was in violation of industry standards and jail policies.
On March 11, 2020, Lazar conducted a second interview with Smith, determined that his condition was not improving, so he prescribed an additional medication, Olanzapine, according to court records.
Smith’s family alleged that Olanzapine is well documented to be associated with hyponatremia, a life-threatening condition in which low blood sodium levels can result in death.
Again, Lazar did not order a routine blood panel or review Smith’s prior medical history prior to prescribing additional medication, according to court records.
Lazar scheduled a follow up in one week to determine the impact of the new medication, but he never returned, according to court records.
While in solitary, on April 21 and April 28, 2020, according to court records, Smith suffered two neurologically related medical episodes showing signs of low blood sodium and overhydration, which his family alleged are symptoms of Olanzapine, according to court records. Smith was also seen on camera drinking dirty mop bucket water containing toxic cleaning fluid and displaying signs of severe mental decompensation, according to court records, but the psychiatrist was not aware of these events.
Thirteen people have died in Santa Cruz County Jail since 2012. That year, the county outsourced medical services to a private for-profit California Forensic Medical Group, which has contracts with 27 counties.
Jail medical services and deaths of inmates were the focus of Santa Cruz County Grand Jury report in 2015.
In 2022, the county paid a $3.25 million settlement related to the death of inmate German Carillo in the jail.
Finding a good provider for the jail has been a challenge.
In 2021, the county switched to Wellpath, one of the incarceration industry’s largest providers of health care, to provide medical services to inmates.
Wellpath, also the provider of medical services at the Monterey County Jail, where monitors found a pattern of inadequate care, filed for bankruptcy in November.
This year, Santa Cruz County declined to renew the Wellpath contract and switched to a new provider, NaphCare Inc., July 1.
Smith’s death led to a call for independent oversight of the Sheriff’s Office and in 2022 the county established an Office of Inspector General, which issued its first report this year.
Asked about the jail (built in 1981) and the new health care provider, Sheriff’s Office spokeswoman Ashley Keehn said, “While we will not comment directly on litigation, the Sheriff’s Office continues to address the challenges posed by an aging facility in need of upgrades and maintenance. We remain dedicated to enhancing the building’s overall condition to create a safer and more efficient environment for both incarcerated individuals and staff.”
She added, “To meet the increasing demand for specialized care, the Sheriff’s Office is actively working toward the development of a state-of-the-art facility tailored to support individuals with medical or mental health needs. This new facility will enable us to provide a higher level of care while easing the burden on our current resources and infrastructure.
We also acknowledge the importance of modernizing critical systems within the existing facility. Over the past several years, we have been implementing a comprehensive controls upgrade project, including improvements to call button systems, to bolster safety and communication.
This initiative is progressing as planned and is expected to be completed in 2025, marking a significant advancement in our commitment to improving operations and facility conditions.”
As for medical care, she said, “We are several months into our contract with Naphcare and are pleased with the partnership. The recent Office of Inspector General report highlights a significant reduction in complaints since transitioning to the new service provider.”
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Read the Office of Inspector General Report at www.santacruzcountyca.gov/Departments/OfficeofInspectorGeneral.aspx
Read the 2015 Grand Jury report at www.santacruzcountyca.gov/Portals/0/County/GrandJury/GJ2015_final/MedicalServicesattheJails.pdf