Facts

Plaintiff James Clem was an inmate at Mule Creek State Prison in Amador County on Feb. 3, 2004, where Correctional Officer G. Lomeli engaged in routine cell counts.

PLAINTIFF'S CONTENTIONS:
Clem claimed that during a routine cell check, he told Lomeli that his cellmate was threatening to kill him and he needed to be moved. Clem contended that Lomeli responded by telling Clem to "deal with it," returning to the cell count. Subsequently, Clem and his cellmate entered into an altercation where he broke Clem's jaw. Clem filed suit against Lomeli, alleging violations of his Eighth Amendment right for deliberate indifference to a known risk of serious harm.

DEFENDANT'S CONTENTIONS:
Lomeli contended that Clem never told him of a threat from his cellmate, but only stated that Clem did not want to be in his cell and wanted to move. Lomeli alleged that Clem had been intoxicated on the day of the incident and had changed his account of the events throughout proceedings.

Damages

Clem sought $90,000 in actual damages as well as $75,000 in punitive damages and costs.

Injuries

Clem sustained a fractured mandible, broken teeth and facial contusions as a result of the fight.

Result

The first trial resulted in a defense verdict which was remanded for retrial on appeal. The second jury also rendered a verdict for the defense.

Deliberation

30 minutes

Length

four days