Ninth Circuit Revives Mom’s Suit In Son’s 2006 Prison Death
The Sacramento Bee, August 10, 2013
A federal court of appeals has revived a Placer County mother’s lawsuit claiming California prison authorities are responsible for the suicide of her mentally ill son while he was an inmate.
U.S. District Judge Garland E. Burrell Jr. tossed the case out 2 1/2 years ago, finding that the evidence presented by Sherie Lemire’s attorney did not sustain her claims of constitutional violations and wrongful death.
But a three-judge panel of the 9th U.S. Circuit Court of Appeals this week reversed Burrell and sent the case back to him for trial.
“I am thrilled,” Lemire said Friday of the [Lemire v. CDCR, 11-15475] opinion. “I have tried so long to be heard.”