Martinez

BACKGROUND

22 The following facts are not in dispute, unless otherwise noted.1 23 24 1 Plaintiff presents his evidence in his verified complaint and his declaration attached to his motion 25 to amend his opposition. (ECF Nos. 1, 34.) Defendant submits his declaration and that of another SVSP staff member, a transcript of Plaintiff’s video deposition, and a number of photographs of 26 the area where the incident took place. (ECF Nos. 29-1, 29-2, 29-3, 30.) Defendant objects generally to Plaintiff’s declaration on the grounds it “contains argument and unsupported 27 conclusory speculation that is not based on Plaintiff’s personal knowledge.” (ECF No. 40 at 3:3- 1 On or about July 15, 2020,2 Plaintiff was housed in the “B pod” of Building 5, Facility D, 2 at SVSP. (ECF Nos. 1 at ¶ 6; 29-1 at ¶ 9.) At approximately 3:30 p.m. that day, Defendant was 3 the control booth operator for B pod, and he called out inmates who needed to retrieve medication. 4 (ECF No. 29-1 at ¶ 17.) Plaintiff went in his wheelchair from the B pod dayroom to the pharmacy 5 window, which was in a rotunda just outside of the pod, to get an insulin shot for his diabetes. 6 (ECF No. 1 at ¶…