Munoz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RICK MUNOZ, ) Case No.: 1:16-cv-01103 JLT BAK (BAM) ) Plaintiff, ) ORDER DENYING IN PART DEFENDANTS’ ) REVIVED MOTION FOR SUMMARY v. ) JUDGMENT ) CALIFORNIA DEPARTMENT OF ) (Doc. 58)

CORRECTIONS AND REHABILITATION, )

et al., ) ) Defendants. ) ) )

Rick Munoz asserts he is disabled as defined by the Americans with Disabilities Act and Rehabilitation Act. Munoz reports that while he was in the custody of the California Department of Corrections and Rehabilitation, he had a chrono that required housing on a low bunk bed due to his disabilities. He contends the chrono was wrongfully revoked by a physician, after which he was injured while trying to use an upper bunk. Munoz sought to hold the physician, Dr. Janina Meissner- Frisk, liable for violating his civil rights, the ADA, the Rehabilitation Act, and negligence. In addition, Munoz sought to hold…