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Why is there no justice for Valerie Lane?

October 7, 2011

OPINION by DAVE CONGALTON

I have been trying to figure out why.

I have been trying to figure out why I continue to be so upset by the video of Valerie Lane being brutally assaulted by a fellow patient at county mental health. It’s been more than a week since Karen Velie first broke the story and I can’t seem to shake the disturbing images that were captured on camera. I don’t think it’s a stretch to compare it to Rodney King—in both cases you watch the violence in utter disbelief, wondering how this possibly could be taking place.

But it did. You might recall the basic facts. Lane, 52, who suffered from severe migraines and depression, checked herself into the county facility on Johnson Avenue. She had been experiencing a severe migraine and depression and called her therapist, who told Lane to check herself into the mental health facility as a cautionary move.

On September 4, 2009, during her second day, Lane wanted a cigarette and was placed unsupervised in a caged area to smoke. Shortly thereafter, William Shirrefs, a man with a documented history of violence, a man who was there involuntarily at the insistence of law enforcement, was placed in the same area with Lane. As the camera reveals in gruesome detail, Shirrefs launched into an unprovoked attack on Lane, resulting in a gash to her head that required staples, an injured finger that still does not bend, bruised lungs, and a battered and cut face with eyes swollen shut.

Why did this happen? And more to the point, why are county officials responding the way they are?  Oh, you haven’t heard? This is classic. The official county position on Valerie Lane is that the county is not liable. They’re not responsible for “fights” that take place between patients at county mental health.

Clearly folks in the county building can’t distinguish between a “fight” and an “assault.” So, no apology to Lane, no money to help pay her considerable medical bills, leaving Lane little choice but to retain an attorney and sue. Guess who ends up paying?

I’m still trying to figure out the why. I shared Lane’s story with folks from the local women’s shelters and the sexual assault center, hoping they will spread the word and make their displeasure known. I made sure two former county supervisors, both women, knew all the details. Jim Patterson’s campaign invited me to a fundraising BBQ on his behalf—I responded by asking what he might do to help Valerie Lane. No response yet.

I think all this bothers me on a couple levels.

First, is the obvious point. What happened to Valerie Lane, thanks to the camera, is not open to debate. The events of that day are a stain on the entire community and we should be doing everything possible to make it right. Instead, we insist that this poor woman suffer more. The county’s position is ludicrous, offensive, and demeaning. Lane is now the victim twice. The county needs to stop this nonsense and do the right thing, regardless of the cost.

Second, I hope that anyone concerned with violence against women in this community will hold the supervisors accountable for every day they delay an appropriate settlement in this case. If you happen to encounter a county supervisor in public, please inquire about Valerie Lane and ask why they are trying to weasel out of their moral obligation. They’re always quick to have their photos taken or to issue proclamations decrying violence. Gentlemen, here’s your chance to demonstrate just how serious you are on the issue.

Third, I submit that how the county is responding to this incident reflects a governing culture that is almost exclusively male. Five male county supervisors, a male county administrator, a male assistant county administrator, a male county counsel—men are the primary decision-makers in this process. There are no women in the upper echelons of San Luis Obispo County government. The most high-profile woman is Julie Rodewald who was promoted to county clerk-recorder in 1994, only after her boss Mitch Cooney was forced to resign over allegations of sexual harassment.

The county building on Monterey Street appears to have the strongest glass ceiling anywhere. What chance does Valerie Lane have in that world for justice? Apparently not much.

So all we can do is watch the tape—if we can sit through it without closing our eyes—wondering why.

Dave Congalton is a radio talk show host.


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Because it’s collusion, Dave. Maybe those “tea baggers” had a point when they argue that government is too large and intrusive, and only serves themselves. In this case, they are likely rushing to “CYA” themselves to high heaven. That or just keeping silent until it all goes away…


Keep their feet to the fire and demand answers. Question with boldness, and all that.


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r0y more money will not solve this problem. This is not about insufficient funding, but complacency and indifference.


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You don’t know that, it might very well be due to lack of funding. As stated earlier I take someone to So. Co. Mental healthy and it is terribly underfunded, really really bad.


@r0y, the baggers don’t want to fund programs like this, you people hate the govt. funding anything that helps people in need. The baggers are part of the problem not the solution.


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No amount of funding can make people use common sense and show a little extra effort. Sometimes you have to break the rules or show a little creativity to adhere to higher principles, like, for example, a staff manager putting Ms. Lane in their own office because they are concerned for her welfare if they put her in a cage with a total loose canon.


You’re right, I don’t know all the details. But the attitude I see 90% percent of the time in the public sector is apathetic. I worked in healthcare for a state run hospital for a number of years and it is my personal experience that the the constant complaints of lack of funding was accompanied by an extremely entitled and apathetic staff. To be sure, they would all say that was not a fair judgement and that they cared very deeply for their customers/patients (and I’m sure they really did, or felt that they did), but for a vast majority of them if that meant working a few minutes off schedule, much less off the clock, it was just rhetoric. Others’ mileage may vary, that is just my personal experience.


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Dave, why don’t you speak at one of the next Supe meetings during public comment and express these feelings? People would listen to you. You have a lot of power, use it. You did great by putting this on your show, now go before the Supes. Let your listeners know when you’re going and I’ll be bet you’d get a lot of back up there with you. I challenge you to present what you wrote above to them in person, if you do then I’ll be there with you. I can’t believe that this poor woman has to pay her own med bills for this. I don’t know the other side of the story so I can’t say that the county is liable but they should at least pay for her medical costs.


I feel that the Supes are afraid to admit guilt as they county is in such dire financial straights. After all we must make sure that theirs enough money to pay the judges all of their little perks. This BOS is horrible, it is time to clean house. Patterson and Gibson have been there way too long, they have let the power go to their heads and they are too power hungry. Hill is just,,,well,,,not all there and extremely power hungry (and he can’t stand you Dave). The problem is finding people to replace them….there you go, Dave for Supervisor.


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Yes, I know there’s theirs etc.. Many typos, sorry.


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Dave,

I fully understand the response from the supervisors. Ms Lane is not one of the chosen people in the county. Had this happened to Christine Mullholland the supervisors would have immediately awarded her a couple of 100K in the name of cronyism while telling us (as they did when they paid hush money to Gail Wilcox) that its cheaper to pay off Mullholland than go to court. There are no cronys involved, there is no power or position or payoffs to be had so why should they act at all. The only thing that I know is that Christine M has directed Bruce Gibson to find a way to blame the entire episode on Dandy Dan DeVaul.


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Well Said!


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It’s disturbing & disgusting that SLO County as well as the SLO County BOS are “trying” to weisel out of this very legitimate claim of neglect regarding the supervision of a “KNOWN” violent “patient”. Ms. Lane should NOT have been left alone in that cage. Changes MUST be made within SLO County Mental Health…RIGHT NOW. A good start would be separating those “smoking cages”. There is ONLY ONE at the “facility” & no one is watched or observed when they go there to smoke. It’s amazing that this hasn’t happened many times before…perhaps it has & just has not been brought to the light of day…After all, the County is very adept at sweeping these sort of things under the rug…I sincerely hope Ms. Lane gets justice & the medical help she desperately needs, she does not deserve any of this. Rest assured, Ms. Lane, you have chosen the right attorney to represent you & trust me when I say, that if anyone can get the justice system to work for you, it will be Jim McKiernan, he is the best.


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Supes like to avoid getting involved with the messy stuff that involves our citizens. The likes of Adam Hill seem more concerned about supposed blackface and danger from Los Osos citizens than actually doing something about damages suffered by the negligence of the county. After all, Ms Lane probably doesn’t vote. Am I cynical enough?


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I’m not sure how the fault lies with anyone but William Shiffefs.


Assaults happen all of the time at jails, homeless shelters and yes, mental health facilities. If the facility got sued every time someone was assaulted, they would all eventually close. It’s difficult to gauge how someone with mental health issues will react. How many people in homeless shelters and mental health facilities have a “history of violence”? I’m guessing many.


I feel bad that Ms Lane was assaulted, but how does that lead to a big cash bonanza? Ms Lane should sue Mr Shiffefs, but instead goes after the deep pockets of the county. The video clearly shows Ms Lane receiving assistance immediately after the attack. Of course, the lawyers wont be satisfied until the employees are fired and the attorneys and their client are well compensated. Unnecessary lawsuits… another reason why the state is broke.


Dave, I’m guessing the reason why everyone isn’t as worked up as you over this is because you’re overreacting. Rodney King?? Seriously?? I’m generally on your side on most issues but you might want to tone down the hyperbole just a bit.


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So, if county employees left a known violent offender with an extensive history of criminal convictions for violence, drugs and molestation in a cage alone with your mom, walked away, and the guy beat her without provocation, you’d be cool with the decision made by employees?


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If my mother was in a MENTAL HEALTH FACILITY, I wouldn’t be shocked if she encountered other people with MENTAL HEALTH ISSUES. I would be angry at the person who assaulted her, not with the people that rushed to her aid.


You make it sound like they were locked in a cage together. Everyone take a deep breath.


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The facility is there to prevent harm to the mentally ill and those around them.


Yes, there are mentally ill people there, obviously. The county is aware of this and knows that unstable people do unpredictable things. It’s their job to be alert to potential dangers. Leaving a known violent and mentally unstable person unattended with another patient is just stupid.


Somebody goes somewhere to get help and they get beat up instead. How is that okay?


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It’s not ok…. it’s tragic.


But it’s not ok for everyone to get a big payday. It’s not ok that the staff that rushed to her aid will be dragged through court.


It’s a sad reality that there are unpredictable people housed in mental health facilities. If after the beating, the staff ignored the situation, I’d say go for it. Unfortunately, there are and always be crazy people housed in mental health facilities.


Not everything is a lawsuit.


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Geez Pizmo, what kind of insensitive twit are you anyway? First off, FYI, THEY WERE locked in that smoking cage together & NO, the “employees” at SLO Mental Health DID NOT come RUSHING to Ms. Lane’s aid. Also, FYI, she’s NOT trying to “clean up” by entering a law suit…It’s about justice & being made “whole” again, so she can live a relatively pain free life.


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It did not look like Shirref was “locked” in there. It looked like he finished his smoke, wailed on the poor woman, then opened the door and left.


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Name calling? I’ll play.


Check out the video again, moron. Racket’s right. If they were “locked” in the cage like you say, then dude had the key because he walked in, punched out the poor woman and then exited. Also, the video does show staff coming to Valerie’s aid following the attack.


Have your facts straight before posting. Your name calling makes sense, even your screen name is confrontational.


Now go slip and fall in front of a busine$$.


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Every time I read a story like Valerie Lane, I bristle against those in “leadership”. I become more and more jaded and determined to help right the wrong. No one, NO ONE, should be Valerie Lane. The message is simple and crystal clear. What “fights” are the responsibility of the county? Those like Valerie Lane! The county wants to be held harmless, then don’t deposit harm to your residents. If Shireffs had been supervised closely when placed in the same area, I would not be typing this post today.


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Nicely written.


Why is it that municipalities always seem to settle and pay-out on the scammer and con-artist cases, but fight the legitimate victims?


While not as bad (thankfully), this reminds me of Fullerton where three council members sat stoic and silent after the brutal police killing there. They didn’t even express sympathy, much less concern and drive to make change! Those three are now subjects of a recall campaign.


At minimum, our supervisors should be setting this on the agenda for discussion and display a position that ensures the public they are concerned and demand improvements in policy.


Poor woman. It’s a horrible video to watch.


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