SACRAMENTO, Calif. (Legal Newsline) — The family of a California Department of Corrections inmate who was fatally assaulted at a substance abuse treatment facility in Corcoran is claiming civil rights violations.
The Estate of Kenneth Dale Sumner, Kerri Sumner, individually and as successors-in-interest to Kenneth Dale Sumner, and D.S.A., a minor by and through her guardian ad litem Kerri Sumner, filed a complaint Sept. 16 in the U. S. District Court for the Eastern District of California against the State of California, California Department of Corrections and Rehabilitation and Corcoran State Prison alleging civil rights violations, wrongful death and other claims.
According to the plaintiffs' complaint, Kenneth Sumner, who was 37 years old at the time, was serving a sentence at the Corcoran State Prison-SATF on July 7, 2021, when an "unknown" person assaulted him.
They claim Sumner was hit with such "critical blunt force" to his head and chest that the assaulter's boot print remained visible on his face for days after the assault. The plaintiffs allege that Sumner was in cardiac arrest, placed on life support and died five days later. They claim they were never told of the cause of Sumner's death and that the state has failed to revealed who caused his death.
The plaintiffs further claim the defendants failed to monitor Sumner's safety while he was in their custody and that since prisoners are prohibited from wearing or keeping boots, his death was caused by prison staff. They allege Sumner's civil rights were violated and that to date, no prison officials have faced disciplinary actions over his wrongful death.
The plaintiffs seek monetary relief, trial by jury and all other just relief. They are represented by Alexandra Kazarian and Dev Das of Geragos & Geragos APC in Los Angeles.
U. S. District Court for the Eastern District of California case number 2:22-CV-01638