Lawsuit Over Student Overdose

"It should be shut down. They have an atmosphere that promotes drug use and discourages people from calling 911. They consider themselves to be more like a family where you don't rat out members," said Bennett. There is no denying the fact that Cloyne has developed a reputation for itself as a party locale and a problem house. In 2006 alone, there were three rapes, one report of sexual battery, and two drug-related arrests at Cloyne. That same year, a former student overdosed and died at the residence and 16 students ended up in the hospital after ingesting pot brownies. Comparatively, the university's other co-ops, Rochdale, Fenwick Weavers, and the Covenant report one-third the violent or serious incidents.

Bennett, who believes that this atmosphere ultimately led to her son's demise, filed a lawsuit against the University of California regents and the Berkeley Student Cooperative last week. She asserts that while they knew that drug use was a major issue at the house, they failed to address the problem. "Kids do drugs openly and deal drugs in the house. I'm paying taxes so these kids can take mushrooms and meth? They should be kicked out of school or sent to rehab," asserts Bennett

However, according to UC Berkeley, the university is not responsible. “We care about our students. It's a tricky balance. Our students are adults. They make independent decisions. The co-ops are an independent housing program, and we try to partner with the as best we can,” said Felicia Lee, chief of staff for student affairs. Through collaboration with campus health service works and the co-ops, students have access to workshops about hazardous behavior. Additionally, every co-op is manned with a full-time manager as well as an elected student council.

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While Gibson entered UC Berkeley as a promising student with an impressive academic history, he will never be the same person again. The San Diego native had a rebellious streak that most likely also contributed to his undoing. As a freshman at UC Berkeley he was kicked out of his dorm for throwing paintballs off the roof. He ended up living in a sorority for the remainder of the semester before moving to Cloyne. During his sophomore year he lived elsewhere but returned to Cloyne for his junior year. That is the year that he suffered the heart attack at Cloyne, ultimately leaving him with irreversible brain damage.

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According to the lawsuit, Gibson's roommate noted that he appeared to be having a nightmare at about 9 a.m. on March 18, 2010. This roommate, who allegedly provided Gibson with drugs the night prior, noticed that Gibson's lips had taken on a bluish color two hours later. The roommate and another resident proceeded to perform CPR but neglected to call 911 for another two hours. According to hospital tests, Gibson tested positive for cocaine and marijuana and while the lawsuit acknowledges that the heart attack was brought on by the drugs, it suggests that the brain injury was the result of oxygen deprivation which could have been prevented if Cloyne residents had contacted emergency services immediately. Bennett claims that the Berkeley Student Cooperative require residents to gain permission from house leaders prior to calling 911, thus leading to unnecessary delays in lifesaving treatments.

She is now seeking damages from UC and the agency that leases and manages the residence. According to her attorney, Charles Kelly, the situation is comparable to cases in which landlords must take responsibility for the consequences of renting to known criminals. The same responsibility holds true in situations where motels neglect the safety of customers by failing to install peepholes and chains.

The lawsuit was filed after Bennett was unable to convince the Berkeley Student Cooperative's insurance company to pay for her son's vast medical bills. Gibson now requires constant nursing and custodial care, costing an estimated $300,000 per year.