Before he died in the Kearny Mesa juvenile hall in 2021, Alan Arguelles overdosed on fentanyl and was rushed to an emergency room for treatment.
Alan survived, but officials at the Probation Department never notified his family about the accident. Instead, the 16-year-old boy was returned to juvenile hall, where he was able to secure more drugs within days – and overdosed again.
This time he did not survive. Alan was dead for hours before probation officers noticed, even though they were supposed to be checking on him every 15 minutes.
Alan was due to be released from custody less than three weeks later.
The negligence alleged by the boy’s family in a federal lawsuit last year will cost San Diego County taxpayers $1.1 million under a settlement reached between lawyers for the family and the Board of Supervisors.
“Despite policies that should have prevented him from obtaining drugs and overdosing, the county failed to ensure Alan’s safety and didn’t conduct adequate safety checks at the facility,” said Kimberly Hutchison, one of the lawyers who represented the family.
“While Ms. Arguelles will always feel the pain of losing a son, we are grateful that she’s now receiving some semblance of justice,” Hutchison added.
San Diego County officials did not immediately respond to a request for comment on the seven-figure payout.
The oldest of four children, Alan was fond of skateboarding and planned to work as a mechanic once he grew up.
But in May 2021 he was taken into custody by the Probation Department after being itted to Rady Children’s Hospital for being under the influence of alcohol, marijuana and methamphetamine, the lawsuit said.
Under treatment by a psychiatrist, he reported using drugs “to escape symptoms of hopelessness, insomnia, irritability and feeling sad more often than not,” the legal complaint said.
In juvenile hall, Alan was placed on a trio of medications. During visits, his mother said he appeared “bloated, swollen, had bruises on his cheeks and palms and was acting lethargic,” the lawsuit added.
According to his mother, Brenda Arguellas, Alan repeatedly fell asleep during phone calls and video visits. He blamed an increase in medication – an increase in dosage that Probation officials did not share with his family.
After being returned to juvenile hall, Alan was again able to obtain fentanyl. The lawsuit claimed he was housed in a cell with a suspected drug dealer.
State youth detention rules require officials to monitor the wards constantly – at least every 15 minutes. But records show Alan was dead for up to 10 hours before he was found dead in his cell.
The $1.1 million is the latest major payment approved by the San Diego County Board of Supervisors in the wake of misconduct or negligence allegations against the Sheriff’s Office or Probation Department.
The county has paid more than $60 million in legal settlements and jury awards due to lapses in law enforcement practices over the past five-plus years.
Because San Diego County is self-insured, the money comes directly out of the general fund — money that could otherwise be invested in parks, roads, libraries or other public amenities and services.
