Greer

Greer v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaApril 14, 20203:19-cv-00378California7,659 words

Opinion

Trial Court Opinion

I. Background

22 A. Factual Background 23 The instant litigation concerns events following the arrest and booking of Plaintiff 24 into the San Diego Central Jail (“the Jail”) on January 31, 2018. ECF No. 17 (“First 25 Amended Complaint” or “FAC”) ¶ 22. Plaintiff is a U.S. Army veteran who was treated 26 at a VA hospital for seizures and prescribed Levetiracetam to prevent his seizures. Id. ¶ 27 21. After his arrest, Plaintiff informed the intake nurses he suffered from chronic 28 seizures and required medicine that was in his pants. Id. ¶ 26. He also asked the jail to assign him a lower bunk, as Plaintiff feared he could fall off a top bunk during a seizure. Id. ¶ 33. The medical staff failed to provide Plaintiff with his Levetiracetam, but they did notate his need for a lower bunk in his paperwork. Id. ¶¶ 27, 28. However, the medical staff failed to place the order for the lower bunk in the Jail Information Management System (“JIMS”), and thus the jail staff assigned Plaintiff a top bunk. Id. at 29. After he was assigned a top bunk, Plaintiff told the jail staff that he feared a top bunk and reported he had previously fallen off from a…

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