Judge allows wrongful death suit against San Diego County over woman found dying in ditch

SAN DIEGO (CN) — A federal judge will allow a wrongful death case to proceed against San Diego County over the death of a woman who was found seriously injured in a watery ditch and who plaintiffs claim was denied help by law enforcement.

U.S. District Judge Gonzalo Curiel allowed key claims against the county to survive, while denying others.

The case centers on 43-year-old Irma Espinoza, who was seen with her legs partially submerged in a ditch on July 29, 2025, in Lemon Grove, east of San Diego. She was found in the same ditch on Aug. 1, partially unclothed and near death.

Espinoza was hospitalized and died two days later.

In a lawsuit filed by her children, the family says a nearby resident called San Diego County sheriff’s deputies for a welfare check after first spotting Espinoza near the ditch. The family says the sheriff’s office failed to respond appropriately and that an unidentified deputy, listed as Doe 1, falsely claimed to have contacted Espinoza.

“The complaint plausibly alleges a number of affirmative acts by Doe 1 that placed or exposed Ms. Espinoza to a situation that was more dangerous than the one she found her in,” Curiel wrote. “Doe 1 allegedly lied to dispatch that she had not seen Ms. Espinoza when she arrived at the scene, and then lied again that she would return to the scene but did not. Doe 1’s affirmative conduct in lying to dispatch that she would return to the scene prevented another officer from responding to assist Ms. Espinoza.”

The plaintiffs say the deputy angrily told the resident who called authorities to leave the matter alone and appeared to dismiss Espinoza as a transient. The judge said the deputy’s conduct also discouraged another resident from reporting a suspicious man who had been seen leaving the area.

The judge ruled Espinoza was left in a worse position than if the deputy had not lied or if another deputy had responded to the welfare check.

Curiel, a Barack Obama appointee, denied the county’s motion to dismiss claims that its deputies violated Espinoza’s due process rights.

“Here, plaintiffs sufficiently assert that the danger and harm to Ms. Espinoza was foreseeable because Doe 1 knew someone had called about a welfare check stating that a woman in distress was sitting in a ditch and had no food or water,” Curiel wrote. “Plaintiffs have alleged that it was foreseeable that harm could occur if Doe 1 left Ms. Espinoza in her vulnerable condition without checking on her.”

He also denied the county’s motions to dismiss claims that the sheriff’s office supervisors failed to intervene in the deputy’s misconduct, along with wrongful death and negligence claims.

Eugene Iredale, of Iredale & Yoo, representing the plaintiffs, said he was pleased with Curiel’s ruling.

“There is no lawsuit you can bring against the sheriff or police for failing to render aid, even in the most egregious circumstances, but they are not permitted to increase the danger,” Iredale told Courthouse News. “They’re not allowed to do things to affirmatively interfere with other people giving aid or to increase the likelihood of what happened in this case.”

However, Curiel dismissed claims against San Diego County Sheriff Kelly Martinez and other unnamed supervisory deputies, finding the complaint did not provide specific factual allegations tying them to constitutional violations.

Curiel also dismissed a Monell claim accusing the county of maintaining policies that allowed deputies to ignore people in distress. He further dismissed claims under California’s Bane Act, which permits lawsuits over interference with constitutional rights through threats, intimidation or coercion.

Curiel granted the plaintiffs leave to amend their complaint.

Richard Quinones, the resident who first saw Espinoza, met her while gardening in his neighborhood on July 27, 2025. According to the complaint, she was well dressed and carrying a backpack.

He saw her again two days later near the ditch and called the deputies. Iredale said that the deputy’s conduct and statements scared Quinones.

Quinones did not see Espinoza again until Aug. 1 while walking his dogs.

The complaint says Quinones heard faint moaning from the ditch and found Espinoza partially unclothed with her face near the waterline. He called 911 and tried to pull her out.

The plaintiffs say their mother was covered in bruises and other injuries and had a body temperature of about 75 degrees. According to the complaint, her body was also covered in ants.

Espinoza suffered a heart attack after she was removed from the ditch, but was revived and transferred to a nearby hospital. She died on Aug. 3.

The complaint says her cause of death was listed as “complications of chronic alcohol abuse with hepatic cirrhosis and acute pancreatitis.” Curiel said these findings were incomplete.

The plaintiffs claim that the bruises and contusions on her body were not mentioned in the autopsy and that no sexual assault swab was performed either, despite the fact her pants and underwear were missing.

Espinoza was estranged from her husband and was going through a mental health crisis after their separation, Iredale said.

“We believe that evidence will demonstrate that this was a death that did not need to happen,” he said. “There was someone who was a member of the public who was trying diligently to get some help, and instead of being treated with respect he was ignored and castigated for trying to help another human being.”

The county declined to comment on the case.