United States District Court, C.D. California
OF FACT AND CONCLUSIONS OF LAW
M. GEE UNITED STATES DISTRICT JUDGE.
matter is before the Court following a three-day bench trial
that took place on November 21, 22, and 28, 2016. Plaintiff
Glenn Bosworth appeared on behalf of himself. Kevin Finn
appeared on behalf of Defendant United States of America.
carefully reviewed and considered the evidence and the
arguments of counsel, as presented at trial and in their
written submissions, the Court issues the following findings
of fact and conclusions of law pursuant to Rule 52 of the
Federal Rules of Civil Procedure.
OF FACT 
The Softball Field
United States owned and operated the softball field at
Federal Correctional Institution, Lompoc
(“FCI-Lompoc”) at all times relevant to this
the time of the relevant events on April 8, 2012, Bureau of
Prisons (“BOP”) staff at FCI-Lompoc maintained
the softball field, by cutting the outfield grass every one
to two weeks as needed, and grooming the infield dirt.
staff groomed the dirt more frequently than they cut the
six-person inmate crew inspected the softball field on a
BOP required this inspection crew to report any defects or
irregularities in the softball field to the BOP recreation
turn, BOP staff were required to enter any reported defects
or irregularities into a maintenance log.
outfield grass was approximately 32 feet from first base.
bases on the softball field were 60 feet apart.
9. At a
minimum, the BOP has regularly maintained the softball field
since approximately 2006, when BOP employee Joseph Brady
became Recreation Specialist at FCI-Lompoc and oversaw
maintenance of the softball field along with BOP employee
Hundreds of softball games are played on the FCI-Lompoc
softball field every year.
Bosworth and his fellow inmate witnesses testified that a
three to four-inch “raised step condition”
existed in the softball field behind first base on April 8,
2012 at the ...