By Macy Meinhardt, Voice & Viewpoint Staff Writer
The County of San Diego will pay $15 million to the family of Elisa Serna over her wrongful in-custody death in 2019, the largest payout ever made from an inmate death within the San Diego Sheriff’s Department.
“Yes, we have settled, but it is with a hard and heavy heart,” said Elisa’s father, Michael Serna in a statement on their settlement.
San Diego is notoriously known for having one of the deadliest jail systems in the country. Since 2006, 260 people have died while in San Diego custody, resulting in the county paying out $75 million in wrongful death suits over the years.
The five year litigation in trying to find answers and justice for Elisa managed to shine a light on broader systemic changes that need to be made within the San Diego jail system. Included in the settlement is a list of six conditions the family notably fought hard for, creating an impact Elisa’s loved ones hope will help save future in-custody lives.
Elisa Beatrice Serna grew up within the states of Nevada and Southern California with her parents and five siblings. Her mom, Paloma Serna, describes a normal childhood for Elisa, with swim lessons, comic books, and learning how to ride a bike; noting her nurturing spirit and close bond with family.
“She was like my partner for a long time,” Paloma says.
Elisa had been quite reserved from a young age, her mom describes, speculating that drugs eventually helped Elisa escape “her shell” when she became a teenager. Elisa battled with drug and alcohol addiction on and off beginning at the age of 17, according to Paloma.
In the years leading up to her death, Serna had been in and out of the San Diego jail system on multiple occasions for minor charges. Ultimately, on Nov. 6, 2019 Serna was arrested for alcohol theft charges and was booked into the Las Colinas Detention Facility in Santee. Upon booking, Serna admitted to the usage of alcohol, heroin and Xanax in the hours prior.
The twenty-four year old was also “pregnant, suffering from acute pneumonia and exhibiting signs of withdrawal and dehydration, including nausea, vomiting, and dry skin,” court records state.
Serna was eventually put into the Medical Isolation unit No. 5, which is when her condition attributed to withdrawal dramatically plummeted. In the hours before her death she vomited a total of 64 separate times, suffered 11 tonic (Grand Mal) seizures, and fell 18 times while in her cell. Despite witnessing four of these seizures, medical staff declined to intervene or check her vital signs. Elisa had also asked to be taken to a hospital and given an IV before her death. Both requests were denied. Medical staff including Nurse Danalee Pascua and Dr. Von Lintig, were tried for manslaughter in criminal court this February, but were later acquitted of charges.
Court records also show that during this time period Deputy Reishone Foster dragged Serna by her wrists while she was unconscious across her cell and onto the bed.
The last point of contact Elisa had with jail staff
Security footage of Elisa in the final hours before her death, suffering a tonic seizure. PHOTO: Courtesy of San Diego Sheriff’s Department
was when Pascua and Deputy Lovisa went to Serna’s cell and observed as she had a seizure, struck her head and fell unconscious onto the floor of her cell. Rather than providing help and completing a vital check, they closed the door on Serna and left her slumped on the floor. Serna died in the same position approximately six minutes later.
“As the Deputy District Attorney who argued this case said, ‘you would not treat a dog the way they treated Elisa Serna.’ In the finest city of the country, it is one of the worst jails in the country,” said Elisa’s family attorney, Eugene Iredale, at a press conference announcing her settlement.
Residing in Montana, Elisa’s parents got the phone call the next day around 6 a.m. alerting them of their daughter’s passing.
“I remember dropping to my knees crying, screaming. My husband had to grab the phone. I was running all over the place in the house,” said Paloma as she recounted that day.
Law enforcement told Paloma and Michael that Elisa had died of an overdose–marking the start of a series of mishaps and false statements made by the sheriff’s department in this process.
Elisa did not die of an overdose as there was no evidence uncovered to suggest she had access to drugs during her stay at Las Colinas. Rather, Elisa’s death was “a result of lack of care, deliberate indifference of doctors, nurses, and correctional officers. More importantly, as a result of institutional culture, which denigrates the need of inmates and patients,” Iredale maintains.
Suffering from extreme withdrawal, Elisa was supposed to be put on a withdrawal protocol known as COWS and SIWAS, which is the national protocol standard for inmates who enter custody with an addiction to alcohol or opiates.
“But of course, the sheriff’s department did not do it and in Nov. 2019, Elisa died because she did not receive treatment,” said Julia Yoo, another one of the family’s lawyers.
When asked why staff did not intervene, nurses and deputies believed at the time that Elisa was “faking” her symptoms and “malingering” because she wanted to stay in the medical isolation unit. This narrative proved to be crucial in the defense’ ability to highlight an overall lack of empathy and compassion that is woven into institutional culture.
As non-monetary agreements to the settlement, the sheriff’s department has agreed to enact six conditions related to changes in training, policy and practice.
- Provide training on compassion to sheriff’s department detention personnel, including medical personnel
- Provide training on falls to sheriff’s department detention personnel, including medical personnel
- Provide training on handoff and endorsement practices to sheriff department medical staff upon switching shifts
- Update current policy of checking vitals of incarcerated persons in the medical isolation unit once per shift
- Evaluate the feasibility of providing medical staff access to existing video monitors to further monitor patients care and condition
- Provide information on usage of COW and CIWA withdrawal protocols.
The family and attorneys believe that Elisa would still be alive today had this list been enacted while she was in custody.
“These changes we hope will bring compassion, accountability, and consequences to the system that the Sheriff’s Department has grievously failed in its administration of,” said Elisa’s father, Michael, in a statement related to her settlement.
