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Judge denies jail motion, court looks to schedule trial - Orange County Review: News
However, in a suit filed in June 2015 and later amended into a class action complaint, Thornhill alleged the "unlawful denial of adequate medical care" to Berry while he was an inmate which she claims resulted in his death. She is seeking court-ordered monitoring of CVRJ and injunctive relief in the first of three counts; $10 million in compensation on a second count alleging a violation of Berrys eighth and 14th amendment rights; and $12.15 million in compensatory damages and $350,000 in punitive damages on the third count alleging wrongful death. The suit named 13 defendantsformer CVRJ Superintendent Glenn Aylor, the CVRJ Authority and 11 current or former jail employees, two of which were only identified as John and Jane Doe. In November, federal court judge Glen Conrad heard defense motions seeking to deny the class certification and dismiss several of the defendants from the suit. No ruling has been issued on those motions. Meanwhile, the defense filed a motion to strike, seeking to remove "several immaterial, impertinent and scandalous matters" from Thornhills amended class action complaint. The motion stated that allegations that "defendants failed to provide Berry constitutionally-adequate medical treatment during his incarceration" may only serve to confuse issues before the court and/or prejudice defendants and should be removed. The motion also stated that Thornhills allegations that defendants deliberately tortured and killed Berry were impertinent and scandalous. It also stated that Thornhill alleged irrelevant and sensational facts. The motion was filed Nov. 24.
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