Facts

Plaintiff Kevin Darnell Bryant was serving a life sentence and housed in Kern Valley State Prison in June 2010. He had a job as a prison barber. Defendants were first shift guards in the area where plaintiff was housed. On June 7, 2010, plaintiff filed a 602 appeal/prison grievance and gave it to the guards because they wanted to change plaintiff's release time for work. On June 8, 2010, plaintiff sustained a trimalleolar ankle fracture and subsequently required an open reduction internal fixation surgery to repair it.

PLAINTIFF'S CONTENTIONS: On June 7, 2010, plaintiff was told by defendants that they would no longer let him out on time for work and that the next shift guards could do it. Defendants were lazy and did not want to leave their office to let out the barbers on time. Defendants would play cards and sleep in their offices.
Plaintiff completed a 602 appeal/prison grievance and gave it to defendants. Defendants told him that if he wanted to file a 602 appeal, that they would lock down all the prisoners and tell them it was because of him. They also told him that they would have inmates take care of him. The guards conspired with each other and other inmates to have plaintiff assaulted for filing the 602 appeal/prison grievance.

The next day, plaintiff was assaulted by inmates while defendants were watching. Defendants did not sound the alarm or stop the assault. During the assault plaintiff sustained a trimalleolar ankle fracture (three separate breaks in tibia and fibula) and ruptured ankle ligament. Plaintiff's tibia bone penetrated his skin and he was bleeding. After the assault, the inmates told plaintiff that they would kill him and his family and that he must report the injury as a slip and fall.

The guards appeared alarmed because they, apparently, did not expect the assault to result in such a bad injury. They refused to call plaintiff medical help despite him requesting that they do so several times. Plaintiff’s foot was displaced and flopping around. Plaintiff eventually convinced the guards to let him access an old ADA walker he had inside his cell. Plaintiff ended up hopping 300 yards on one leg with the assistance of the walker to obtain medical treatment.

Plaintiff received open reduction internal fixation surgery to fix the broken ankle. He still had to report to those defendants when he returned to the prison. He had to ask them for garbage bags to cover his casted leg when he showered. They laughed at him and cracked jokes about his injury. Plaintiff made a full recovery.

Plaintiff filed the case in pro-per in 2011 and made it to the eve of trial. The claims advanced at trial were conspiracy, retaliation in violation of the first amendment, cruel and unusual punishment/deliberate indifference to medical need in violation of the eighth amendment, and failure to protect also in violation of the eighth amendment.

At trial, plaintiff called the treating prison nurse, treating emergency room physician, and treating orthopedic surgeon. All three testified that they did not believe plaintiff would be able to walk on his injured ankle normally, much less bear weight on it. Inmates testified as to witnessing the assault and being involved in the conspiracy.

DEFENDANT'S CONTENTIONS: Defendants claimed that plaintiff slipped and fell and had not seen plaintiff being assaulted. Defendants claimed they saw plaintiff on the ground by a puddle of water and that he said he had slipped and fallen. Defendants contended that plaintiff had asked to go to medical and then walked there with his old ADA walker. When plaintiff left their view, he was in no apparent distress and walking normally, just slower than usual and never asked for medical help. Defendants claimed that there was no conspiracy to harm plaintiff or violate his civil rights.

Other Information

Plaintiff has filed a motion for statutory attorney fees of $195,000 and for litigation costs.

Deliberation

3.5 hours

Length

3.5 days