Settlement Reached in Mental Health Care Class-Action at San Diego County Jails
by Chuck Sharman
A massive six-year-old class-action challenge to conditions of confinement in the San Diego County jail system moved a step closer to resolution on March 12, 2026, when the U.S. District Court for the Southern District of California granted preliminary approval to a partial settlement resolving claims of inadequate mental health care.
The case was filed against the County and its Sheriff’s Department (SDSD) in 2020 by detainees Darryl Dunsmore, Andree Andrade, Ernest Archuleta, James Clark, Anthony Edwards, Lisa Landers, Reanna Levy, Josue Lopez, Christopher Nelson, Christopher Norwood, Jesse Olivares, Gustavo Sepulveda, Michael Taylor and Laura Zoerner. It was certified a class action in 2022. Eight separate subclasses were designated the following year, as PLN reported, when a settlement was reached with the subclass of detainees with hearing or mobility disabilities. [See: PLN, Feb. 2024, p.56.]
The settlement for the mental health subclass obligates the SDSD to make timely referrals for affected detainees to see to mental health clinicians and psychiatric providers, as well as assigning Class Members to appropriate Levels of Care and housing units that meet their mental health needs. The agreement also requires improvements in mental health treatment and programming, plus continued improvement in patient confidentiality. Assessments must be conducted to determine “whether individuals should not be placed in Administrative Separation or potentially be moved out due to mental health concerns,” the agreement provided. Further assessments and treatment plans related to suicide prevention must also be implemented. Prior to releasing any Class Member, jailers must also adopt “Release Planning services consistent with the individual’s needs” and provide any needed medication at release.
The SDSD must also implement a “mental health system needs assessment,” which will guide its efforts at improving mental health policies and staff training. The County had already opened an Outpatient Stepdown Unit (OPSD) for detainees with mental health needs at the Rock Mountain Detention Facility, and the agreement calls for an additional OPSD to be established by March 2027 for high-security detainees. The County has one year to complete the needs assessment and develop an appropriate bed and staffing plan for the entire mental health population in the jails; within two years after that, bed and staffing plans must also be completed for each defined level of care within the mental health population.
Further, the County must provide oversight of all mental health staff working in the jails. It must also “retain a neutral expert with relevant professional expertise” who is “responsible for evaluating compliance with policies, practices, procedures, and training” under the settlement agreement. Twice yearly, the expert must conduct a site visit of jail facilities and interview staffers and Class Members. He or she must also have access to necessary documents to prepare a report after each visit on compliance with the settlement agreement. Both Plaintiffs and Defendant jail officials will have opportunity to accompany the expert on site visits and comment on draft reports that he or she prepares.
As in the agreement for the disability subclass, no award was made for attorney’s costs and fees associated with this agreement. Rather, “fees and costs are to be addressed through further litigation,” the settlement declared, and “Class counsel has agreed to bear the risk of litigating the amount of fees and expenses recoverable, with no guarantee of receiving any specific amount.” A final approval hearing is scheduled for July 2026. The Class is represented by attorneys with Rosen Bien Galvan & Grunfeld LLP in San Francisco; DLA Piper LLP in San Diego; and the Law Office of Aaron J. Fischer in Berkeley. See: Dunsmore v. Calif., USDC (S.D. Cal.), Case No. 3:20-cv-00406.
The district court granted final approval to the disability subclass settlement on August 4, 2025. The County Board of Supervisors approved settlements with two additional subclasses on May 20, 2026, covering Medical and Dental care, and PLN will update those details in a future issue. The parties are still negotiating agreements for the remaining four subclasses.
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Related legal case
Dunsmore v. Calif.
| Year | 2026 |
|---|---|
| Cite | USDC (S.D. Cal.), Case No. 3:20-cv-00406 |
| Level | District Court |