My major battle is a tort claim I filed against the BOP for assigning me to an upper bunk from which I fell while asleep in May of 2023. I suffered life-threatening injuries, including a broken neck and arthritis in my back.
On the night that I arrived at McCreary, I was given a lower bunk pass during the intake process. I assumed that this was due to my age. I am presently 71 years years old. Approximately two weeks later, I was transferred to a new unit and my new cellmate also had a lower bunk pass. We explained this to the unit’s counselor and she responded that she was aware of it but that although empty cells were available, the policy was to not have single inmates occupy any cell. Two weeks later, the accident happened and my health has never been the same. The prison now denies that I was even issued a lower bunk pass.