PLG Serves Notice of Claim for Wrongful Death of CDCR Prisoner

PLG Serves Notice of Claim for Wrongful Death of CDCR Prisoner

Earlier this month, the civil rights lawyers at the Piccuta Law Group served a notice of claim on the State of California. Specifically, the notice of claim was served at the Office of Risk and Insurance Management. The notice of claim was related to the wrongful death of an inmate who was killed while in the custody of the State.

The California Department of Corrections and Rehabilitation

The California Department of Corrections and Rehabilitation (“CDCR”) is California’s state prison and parole system. It is a state penal system only and typically does not house federal prisoners. It houses prisoners who have violated California state criminal laws.

Federal prisoners, on the other hand, are in the custody of the United States and its federal Bureau of Prisons. These prisoners are in the federal penal system because they have violated federal criminal laws.

CDCR has over thirty adult penal institutions where inmates are housed. One of its adult facilities is Salinas Valley State Prison (“SVSP”).

Salinas Valley State Prison

Salinas Valley State Prison is located in Soledad, California in South Monterey County. SVSP houses multiple levels of inmates. This includes level-4 and level-3 inmates. Level-4 is the highest security rating for male adult inmates in the CDCR system.

The Death of the California Inmate

On January 6, 2024, CDCR inmate Tran was incarcerated at Salinas Valley State Prison. Also incarcerated there was another inmate named John Lydon. Tran was murdered by inmate Lydon under highly suspicious circumstances.

Tran was housed in the same building as Lydon. However, Lydon was not a cellmate of Tran. Nevertheless, Lydon was allowed entry to Tran’s cell where he attacked and killed him. The only way Lydon could gain access to Tran’s cell was by being allowed entry by a CDCR correctional officer.

Lydon Is a Dangerous Inmate  

Inmate Lydon entered the CDCR system in 2001 after being sentenced to 25 years to life for attempted murder. However, during his incarceration he murdered two other inmates in separate incidents. Lydon’s murder of inmate Tran is now his third murder while in CDCR custody. Remarkably, CDCR has allowed Lydon to commit three murders while under its watch.

Representation on Behalf of the Family

PLG was hired by Tran’s family to hold CDCR responsible for its failures. PLG was hired to seek justice for Tran and compensation for what he endured during his brutal murder. At the same time, PLG was hired to seek redress for his family due to his untimely death.

The Factual Allegations in the Notice of Wrongful Death Claim

The factual allegations in the notice of claim PLG served are set forth verbatim below:

On January 6, 2024, John Lydon was an incarcerated prisoner at SVSP. He was serving a life sentence for multiple murders that occurred while he was in the custody of CDCR. Upon information and belief, he was housed in the same building as Tran.

There was no basis or purpose to allow Lydon into Tran’s cell.

On the morning of January 6, 2024, a Doe Correctional Officer from SVSP allowed Lydon entry into Tran’s cell. There was no basis or purpose to allow Lydon into Tran’s cell. Once inside the cell, Lydon violently attacked Tran. He stabbed him multiple times and strangled him. The brutal attack ultimately led to his death. Upon information and belief, Tran could be heard screaming and yelling for help as the attack occurred. This was the third murder that Lydon had committed while in CDCR custody.

The Notice of Claim Contained Facts that CDCR Had Notice

The notice of claim PLG served also set forth as follows:

Prior to Tran’s killing, it had been reported to CDCR and officials at SVSP that Tran had been raped and threatened with stabbing violence during the short time he was there. It had also been reported to CDCR and officials at SVSP that Tran’s safety was in jeopardy. His family requested that he be transferred out of SVSP accordingly. On December 28, 2023, less than ten days before his murder, his family contacted officials at SVSP and notified them of their concerns for Tran’s safety.

His family had reported their safety concerns to SVSP officials because Tran had communicated that he was being threatened and extorted by other inmates. Also, Tran reported that an inmate had entered his cell and stole his television and other items. On January 3, 2024, three days prior to his murder, he was attacked by an inmate. This attack was also reported to SVSP staff.

Despite the numerous warnings provided, SVSP and its staff did nothing to protect Tran. Instead, a serial killer was allowed access to his cell and brutally murdered him. At this point, without further investigation, it is unknown whether allowing Lydon into Tran’s cell arose from negligent conduct or was an intentional act.

CDCR and the State of California may be liable for, or alternatively indemnify, their officials and agents for their acts while they were working in the course and scope of their employment under the color of law. Claims exist against these officials and agents in both their individual capacities and in their capacities as agents working for CDCR and the State of California.

The Legal Claims for the Inmate’s Wrongful Death

The potential claims and legal theories include, but are not limited to:

• wrongful death
• survival action
• negligence
• negligent training
• negligent supervision
• negligent hiring
• negligent retention
• negligent formation of policies and procedures
• negligent promulgation of policies and procedures
• intentional infliction of emotional distress
• conspiracy
• aiding and abetting
• violations of the Bane Act (Cal Civ. Code § 51.2)
• violations of the Ralph Act (Cal. Civ. Code § 51.7)
• failure to protect
• cruel and unusual punishment
• other various civil rights claims arising under federal law pursuant to 42 U.S.C. § 1983 and Monell.

The Damages That May Be Recovered in the Wrongful Death Case

The damages that may be recovered by the family include: 1) funeral and burial expenses; and 2) the loss of love, companionship, comfort, care, assistance, protection, affection, society and moral support.

The damages that may be recovered on behalf of Tran’s estate include all damages suffered by Tran prior to his death that may be pursued in a survival action. This includes, but is not limited to: 1) pain; 2) suffering; 3) loss of life; 4) loss of enjoyment of life; 5) emotional distress; 6) punitive damages; 7) statutory damages; 8) treble damages; and 9) recoverable attorney fees.

Our Success Handling Prisoner Cases and Civil Rights Claims

The civil rights lawyers at the Piccuta Law Group have a long track record of successfully handling civil rights claims. This includes record settlements and verdicts against CDCR and other penal institutions. The Piccuta Law Group has litigated cases against CDCR, United States Federal Bureau of Prisons, Arizona Department of Corrections, various County Jails and Veteran’s Administration police.

Contact an Experienced Civil Rights Lawyer Today       

Contact the Piccuta Law Group if you lost a loved one while he or she was in custody due to the fault of another. Our civil rights lawyers have experience handling these cases and a consultation is free. We only earn a fee if we recover for you.

About the author: The content on this page was written by California personal injury attorney and civil rights lawyer Charles “Tony” Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Previously ranked Top 35 US News & World Report).  Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout California and Arizona. He is a winning trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is AV Rated by Martindale Hubble. He is a member of the Consumer Attorneys of California, American Association for Justice, National Police Accountability Project, Arizona Association of Justice, and many local county and City bar associations.

Disclaimer: The information on this web site is attorney advertising and is for informational purposes only. It does not constitute legal advice. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.