California judge considers whether to dismiss claims brought by inmate who pulled out his own eye

SACRAMENTO, Calif. (CN) — A federal judge in Sacramento on Tuesday expressed skepticism about a new pleading in a case involving a jail inmate who pulled out his own eye.

Alejandro Arceo in 2020 sued the city of Roseville, Placer County, Sutter Health and several individuals, arguing that they isolated him during a mental health crisis instead of providing treatment and failed to act when he made suicidal statements.

Arceo removed his right eye with his hands three days after he was incarcerated.

Attorneys appeared Tuesday in federal court for a hearing on a motion to dismiss. Attorney Jonathan Paul, representing Placer County and its employees, argued that Arceo continued to make accusations that Judge Dale Drozd previously ruled were insufficient.

“I’m a bit unhappy because it seems like there’s things that reappear in the second amended complaint that I’ve already addressed in the last order,” Drozd said.

Placer County in its motion to dismiss states that local governments aren’t liable when its employees deprive someone of their constitutional rights. It also disputes the argument that it failed to properly train its employees, calling Arceo’s claim “merely conclusory."

Drozd appeared to agree.

“The problem I’m having is facts,” the judge said. “Not conclusions, facts.”

Attorney EmilyRose Johns, representing Arceo, told the judge that the amended complaint includes additional information and new facts, and lists a number of defendants that weren’t initially included.

“It feels like ‘Groundhog Day,’” Drozd said. “We’ve already been through two rounds of motions to dismiss. To me, this looks like the ultimate futility.”

The judge said that he’s already decided that claims against a Placer County sheriff’s captain were inadequate. He then pointed to the same accusations being made against a sheriff’s lieutenant.

“This seems like madness to me,” Drozd said.

Johns argued that, at this stage of the proceeding, her client need only exceed a certain legal bar — in this case, that Placer County violated the law when it isolated him instead of providing him treatment.

In his complaint, Arceo says that he was in mental distress and talking about suicide while at his Roseville home in November 2019. His mother called 911. However, instead of de-escalating the situation and after being told Arceo wasn’t under the influence of any substance, they arrested him.

Authorities took Arceo to a hospital for medical clearance before he could be jailed. A doctor granted that clearance without performing any evaluation and he was incarcerated.

“Throughout the approximately eight-minute intake, plaintiff was largely still and sang affirmations about Jesus, stopping only for seconds at a time,” he states in his suit. “Plaintiff was unable to give verbal answers to questions at intake.”

Officials were told about Arceo’s suicidal thoughts and attempts to kill himself, and that his mental health was the only reason officers were called to his home. When a nurse tried to administer medication, Arceo refused, telling the nurse he was already dead.

An officer saw Arceo attempt to remove his eye and did nothing. Minutes later, Arceo pulled out his right eye.

“I’ll take another look,” Drozd said Tuesday about Arceo’s amended complaint. “But it looks more similar to me.”

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