Facts

Forrest Richardson sued correctional officers J. Mendez, D.K. Sisto, R. Fernandez, R. Velasquez, and P. Medina, in connection with an incident that occurred on Feb. 13, 2007 at the Solano County State Prison in the City of Vacaville.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he was a Level 2 inmate in the custody of the California Dept. of Corrections and Rehabilitation at Solano State Prison.

Plaintiff contended that he and another inmate each were carrying coffee while walking to breakfast in the chowhall, when a correctional officer stopped them. Plaintiff claimed that while the officer was reaching for plaintiff's identification card, the officer touched his hot coffee. Plaintiff claimed that suddenly, and without warning, the officer yelled, "Don't touch me" although plaintiff had not touched the officer. Plaintiff claimed the officer then grabbed him and subdued him, and other officers jumped in, although plaintiff was not resisting. Plaintiff claimed he was injured as a result of the assault, and sued defendants.

Plaintiff asserted claims for civil rights violations for excessive use of force, unconstitutional policy, practice, and custom, and conditions of confinement. He also asserted claims for conspiracy to obstruct justice and deprive persons of equal protection of law, and conspiracy to deprive persons of rights and privileges.

DEFENDANTS' CONTENTIONS:
Defendants contended that prisoners were not allowed to bring coffee into the chowhall. Defendants alleged that plaintiff had been previously reprimanded for doing so, and therefore they were entitled to stop the plaintiff and dispose of the coffee. Defendants claimed the plaintiff grabbed the arm of the officer, and the officer in turn grabbed the plaintiff and subdued him. Defendants asserted that they used reasonable force.

Defendants moved to dismiss plaintiffs' complaint, or, alternatively, summary judgment, arguing that plaintiff failed to exhaust his administrative remedies. Defendants also argued that plaintiff failed to state a claim, warranting the dismissal of his lawsuit.

Result

The jury rendered a defense verdict.