Sean Summerville v. United States

I. BACKGROUND

1 Plaintiff Sean Summerville (“Plaintiff”), an inmate at USP Lompoc, brings this 2 action under the Federal Tort Claims Act (“FTCA”) against Defendant United States 3 (“Government”) asserting claims for medical negligence, negligent hiring/retention, 4 negligent supervision, negligent training, and intentional infliction of emotional distress 5 in connection with medical treatment Plaintiff received while at USP Lompoc. (See Dkt. 6 15, First Amend. Compl. (“FAC”).) 7 Plaintiff alleges that on January 28, 2017, he “began experiencing stomach pains 8 following a four-day punishment for fighting.” (Id. ¶ 8.) Dr. Jaspal Dhaliwal gave 9 Plaintiff a routine physical and prescribed ibuprofen for pain in Plaintiff’s knee and stomach. (Id. ¶ 11.) Plaintiff requested an x-ray of his stomach, “but Dr. Dhaliwal asserted that an x-ray was not necessary.” (Id. ¶ 12.) Plaintiff alleges that “[f]rom early February 2017, to late August 2017, [Plaintiff] visited the Medical Center approximately four to five times per month complaining of stomach pain.” (Id. ¶ 14.) During these visits, Plaintiff “saw Dr. Dhaliwal approximately two to three times . . .…