Munoz
Munoz v. California Department of Corrections and Rehabilitation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
RICK MUNOZ, 1:16-CV-01103-LJO-MJS
7 Plaintiff, MEMORANDUM DECISION AND ORDER GRANTING IN PART AND v. DENYING IN PART MOTION FOR SUMMARY JUDGMENT
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
JANINA MEISSNER-FRISK, D.O.,
(ECF No. 58) Defendants. 12 13 I. INTRODUCTION Plaintiff Rick Munoz (“Plaintiff”) brings this suit after his medical approval to sleep in a lower bunk while incarcerated (“chrono”) was rescinded. See generally ECF No. 77. Plaintiff contends that the very next day after the rescission, he was injured when climbing to his upper bunk. ECF No. 77 at ¶¶ 47- 72, 111-147. Plaintiff filed two claims against the medical doctor who withdrew the approval: a denial of medical care claim under 42 U.S.C. § 1983 (“§ 1983”) and a negligence claim under state law. Plaintiff also alleged disability claims against both the California Department of…