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Bosworth v. United States

United States District Court, C.D. California

June 20, 2017

GLENN BOSWORTH, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

         FINDINGS OF FACT AND CONCLUSIONS OF LAW

          DOLLY M. GEE UNITED STATES DISTRICT JUDGE.

         This 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.

         Having 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.

         I.

         FINDINGS OF FACT [1]

         A. The Softball Field

         1. The United States owned and operated the softball field at Federal Correctional Institution, Lompoc (“FCI-Lompoc”) at all times relevant to this action.

         2. At 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.

         3. BOP staff groomed the dirt more frequently than they cut the grass.

         4. A six-person inmate crew inspected the softball field on a daily basis.

         5. The BOP required this inspection crew to report any defects or irregularities in the softball field to the BOP recreation staff.

         6. In turn, BOP staff were required to enter any reported defects or irregularities into a maintenance log.

         7. The outfield grass was approximately 32 feet from first base.

         8. The 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 Paul Farley.

         10. Hundreds of softball games are played on the FCI-Lompoc softball field every year.

         11. 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 ...


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