On Aug. 27, 2006, plaintiff Charles Easter, 41, an inmate at the Richard J. Donovan Correctional Facility, participated in a race riot between black and white inmates on the facility four yard. Easter claimed that because of his participation in the riot, he was segregated from white inmates and placed in a different facility. In October 2006, he was returned to facility four, where the first riot occurred, and where many of the same white inmates were housed. Easter claimed that he informed Captain B. Morris that he was not safe in facility four, but that Morris did nothing to protect him. On Nov. 14, 2006, another riot occurred on the facility four yard, and Easter was stabbed on the left side of his abdomen. Easter sued Captain Morris; Lieutenant L. Panchello; Correctional Officer E. Perez; and their employer, the California Department of Corrections, State of California. However, Panichello and Perez were granted summary judgment and let out of the case. Thus, the matter continued against the CDC and Morris only. Easter alleged that Morris’ actions constituted a deliberate indifference to his safety, in violation of the Eighth Amendment, and that the CDC was vicariously liable for Morris’ actions. Defense counsel contended that Morris was never informed of there being a risk to Easter’s safety nor was there any objective evidence of an identifiable risk to Easter’s safety prior to the riot on Nov. 14, 2006. Counsel also contended that if Easter informed Morris of a risk to his safety, Morris would have immediately segregated him., Easter claimed he was in pain from the stab wound he suffered to the left side of his abdomen. He was subsequently taken to Mercy Hospital in San Diego for treatment. Easter sought recovery of damages for his pain and suffering, and indicated that he was seeking $25 million in compensatory and punitive damages.