Perry

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN SCALIA, individually and as No. 1:17-cv-01097-NONE-JLT successor-in-interest of Decedent KIMBERLY MORRISSEY-SCALIA, ORDER ADOPTING IN PART AND

DECLINING TO ADOPT IN PART THE

Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING SPOLIATION SANCTIONS

v. (Doc. No. 100) COUNTY OF KERN, et al.,

Defendants. 17 Kimberly Morrissey-Scalia (“decedent”) fell from her bunk bed while housed in the Lerdo Pre-Trial Facility in Bakersfield, California on June 27, 2016. (Doc. No. 15 at 10–12.) After seeing defendant Nurse Rowena Blakely (“defendant Nurse Blakely”) at the infirmary, decedent returned to a different cell and again fell. Decedent subsequently lost consciousness and was transported to the Kern Medical Emergency Room, where she underwent an emergency craniotomy and subsequently passed away on July 1, 2016. (Doc. No. 15 at 16–18.) Plaintiff, decedent’s husband, filed this action against several defendants that allegedly contributed to 25 …