Paul H Stacker v. United States

I. Background

A. Factual Background1 3 On September 12, 2018, Plaintiff Paul H. Stacker (“Stacker”) suffered a fall while serving as 4 an inmate in a correctional facility maintained by the Federal Bureau of Prisons (“BOP”). Compl. ¶ 5 8. Defendant United States of America (“United States”) operates and controls the BOP. Id. ¶ 2. The 6 night of his fall, Stacker left his bed to use the restroom. Id. ¶ 8. Due to the late hour, the lights were 7 off. Id. As a result, Stacker was unable to see any items on the floor of his dorm. Id. Correctional 8 Officer (“CO”) Corey Perez regularly placed inmates’ towels and other items on the correctional 9 facility floors during the morning watch, despite being counseled multiple times by unit staff to 10 desist. Id. ¶ 7. Stacker tripped and fell over items left on the floor, injuring his left hand and 11 reinjuring his right shoulder. Id. ¶ 8. At the time, Stacker’s shoulder was recovering from a rotator 12 cuff tendon reattachment surgery. Id. Although he was initially issued a Medical Duty Status 13 (“Chrono”) for continued lower bunk status, this status expired and further requests for an extension 14 were denied. Id. ¶¶ 22–25.…