In a decision that stunned at least one legal expert, the federal judge hearing a wrongful-death lawsuit against San Diego County has ordered both sides to hold a settlement conference — and all but directed members of the Board of Supervisors to attend the meeting.
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U.S. District Court Judge Barry Ted Moskowitz said the circumstances surrounding the 2021 jail beating death of Dominique McCoy were so troubling and egregious that a settlement was needed, and that at least two elected supervisors should be at the table.
“This is a tragic case of a senseless death in the San Diego County jail that could have easily been avoided,” the judge wrote in a five-page order issued Tuesday. “It is probably the most tragic case that I have seen in my almost 40 years as a judge on this court.”
In the order, which formally denied motions for reconsideration filed by both sides following an earlier decision, Moskowitz said the case screams for an out-of-court resolution.
“The parties should earnestly work to settle this case and craft procedures to ensure that this tragedy does not occur again,” he wrote. “Therefore, the magistrate judge shall hold a settlement conference and has my backing and authority to compel some of the county supervisors to attend.”
Lawyers representing the McCoy family said they hope the judge’s ruling prods the county to resolve the claim and impose reforms.
“The court suggests that the parties ‘earnestly work to settle this case and craft procedures to ensure that this tragedy does not occur again.’ We agree,” attorney Eugene Iredale said. “It is our hope that our public representatives learn the true facts of this case, and do what responsible and ethical leaders always do to act with justice and decency.”
County spokesperson Tammy Glenn declined to discuss the judicial order, citing the ongoing litigation, and noted that the judge stopped short of forcing elected officials into settlement talks.
“There is no current order requiring any supervisor to attend,” she said by email.
McCoy, 38, was arrested in 2019 for selling a controlled substance and sentenced to six months in jail and three years of probation. But a 2021 law reduced his probationary term, and it was formally ended in November 2021. An outstanding arrest warrant was recalled.
Due to an error by a court clerk, however, the recall order was not properly processed. McCoy was detained the following month and subsequently arrested and booked into the San Diego Central Jail.
At the same time, a man named John Medina was arrested after killing his family dog and trying to stab his brother.
Medina, then just 18, was booked into county jail and placed in a special observation unit after threatening to kill himself, banging his head and urinating in front of his counselor. For reasons that remain unclear, he was subsequently approved to be moved in with other detainees.
Meanwhile, on Dec. 29, a judge ordered McCoy to be released later that day. But while deputies were processing the requisite paperwork, he was placed in the same cell as Medina.
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“About an hour after McCoy was placed in cell 4C11 with Medina awaiting his release, Medina smashed his head killing him,” Moskowitz wrote. “Rather than being released as the judge ordered and going home for what remained of the holidays, McCoy was taken to the morgue.”
Medina later pleaded guilty to second-degree murder and was sent to prison.
Legal experts said the Moskowitz order was remarkable and extremely rare.
“Judges regularly order the parties and their insurance companies to personally appear for settlement meetings,” University of San Diego law professor Shaun Martin said. “This order, by contrast, is exceptionally unusual.
I do not know of a federal judge having ever potentially ordering public officials to appear personally for a settlement conference,” he added.
Martin said the order shows how strongly the judge prefers a deal over years more of litigation — and potential appeals.
“This order goes about as far as the federal rules of civil procedure allow in trying to persuade and compel the parties to settle a case,” he said. “He’s telling the plaintiff not to be greedy and to take the money now rather than potentially waiting for years, and he’s telling the defendant to put up big money and to not hide behind their elected positions.
“It’s about as strong a push for settlement as I’ve ever seen from a federal judge,” Martin said.
San Diego County is now defending more than a dozen wrongful-death and other negligence claims against the Sheriff’s Office.
The five-member Board of Supervisors is charged with approving settlements with the families of people who die or are injured in county jails.
The elected officials have approved tens of millions of dollars worth of legal payouts in recent years, including a $16 million to the family of William Hayden Schuck last year and $14 million to the family of Elisa Serna in 2024.
McCoy is not the only arrestee to have died in custody in recent years while wrongly held by the Sheriff’s Office.
Vicky Granillo died at the Las Colinas women’s jail in 2022 after being arrested for violating a criminal protective order. She insisted she was not in violation of the order but was nonetheless held. The District Attorney’s Office later confirmed she should not have been in custody.
It remains unclear when settlement discussions with the McCoy plaintiffs will be scheduled — or whether any of the supervisors will be directed to attend.
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