Tooker
Tooker v. Mak
Opinion
Trial Court Opinion
DISCUSSION
I. Factual Background
24 A. Relevant Events 25 The following facts are undisputed unless otherwise indicated. 26 On July 21, 2019, as Plaintiff crossed the CTF B Yard recreation yard on his way to the 27 library, he was randomly and viciously attacked by a crazed inmate, inmate Odell. Dkt. No. 1 at 9. Plaintiff fought back in self-defense. Dkt. No. 1 at 9. Correctional officer Villasenor saw Plaintiff and inmate Odell fighting. The inmates were punching each other in the head and upper torso. Dkt. No. 32-14 (“Villasenor Decl.”), ¶ 4. Officer Villasenor ordered both inmates to stop fighting and get down. Villasenor Decl., ¶ 5. The inmates complied and assumed prone positions on the ground. Villasenor Decl., ¶ 5. During this time, none of the video cameras on the yard were functioning. Dkt. No. 32-12 (“Mak Decl.”), ¶ 13; Dkt. No. 32-18 (“Galvan Decl.”), ¶ 4. Medical staff immediately evaluated both inmates and completed CDCR Form 7219 Medical Report of Injury or Unusual Occurrence for each inmate. Villasenor Decl., ¶ 6. Inmate Odell was transported by ambulance to an outside hospital, Natividad Medical Center,…