Inmate granted permission to sue deputies over thumb amputation in San Diego jail
A federal judge allowed inmate Mauricio Bernal to pursue a negligence lawsuit against two deputies and jail staff after his thumb was severed during a pat-down.
Mauricio Bernal, incarcerated at the San Diego County Jail, claims his thumb was amputated when deputies Richard Pham and T. Gonzales moved his arm toward a closing door during a routine pat-down in July 2023. He also says his index finger was injured and that jail staff refused proper medical treatment, forced him to handle trash, and mocked him with a thumbs-up gesture and a drawing of a severed finger. U.S. District Judge Anthony Whelan ruled that Bernal’s negligence claims against the deputies can move forward, citing a similar precedent.
The judge also allowed a Section 1983 claim of deliberate indifference against 20 unnamed staff members to proceed, while dismissing the county’s Bane Act claim. Attorneys for Bernal expressed satisfaction with the decision and indicated they will seek further discovery.
Why it matters
The ruling lets a detainee seek accountability for alleged excessive force and inadequate medical care in a U.S. jail.
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