On Jan. 5, 2008, plaintiff Warner Livingston, 48, an inmate at the California Substance Abuse Treatment Facility and State Prison at Corcoran, was being moved to a new cell. However, he claimed that when Correctional Officers J. Sanchez and M. Ayon came to move him from his cell, they refused to let him to speak with the sergeant and then used excessive force, causing to his head and back. Livingston sued Sanchez and Ayon, alleging the officers’ actions constituted excessive force in violation of his civil rights under 42 USC § 1983. Livingston, who appeared pro se, claimed that when the officers came to move him to a new cell, he demanded to speak with the sergeant, but that the officers denied the request and told him he would have to move. Livingston claimed that the officers then came into his cell with their pepper spray drawn, sprayed him, and then jumped up and down on him. Sanchez and Ayon claimed that they went to Livingston’s cell to move him and his cellmate to a new cell, but that when they arrived at Livingston’s cell, he demanded in an aggressive tone to speak with the sergeant. They claimed they told Livingston that they would take him to the sergeant, but that they would have to handcuff him due to his aggressive behavior. The officers contended that, at first, Livingston complied, but then they felt him resist. They claimed they tried to hold Livingston back because they feared for their safety, but that they could not gain control of him. The officers claimed that as a result, they ordered Livingston to stop resisting several times, but that they ultimately had to use a short burst of pepper spray. Sanchez and Ayon both denied leaping or jumping on Livingston., Livingston claimed he sustained to his head, resulting in headaches after the incident. He also claimed that the force used against him aggravated his degenerative disc disease, causing bulging discs in his lumbar spine. Livingston was already receiving treatment prior to the subject incident. Defense counsel contended that Livingston did not suffer any that were consistent with the type of force he alleged the officers used. Counsel also contended that there was no evidence that the alleged headaches, bulging disc, and aggravation of his degenerative back disease were caused by the subject incident. Defense counsel noted that Livingston had a history of degenerative disease throughout his whole body and that he was already being treated with medications prior to the subject incident. However, counsel noted that the medical report did show that Livingston had pepper-spray-related redness and pain, as well as an abrasion. However, the defense’s medical expert testified that the listed in Livingston’s medical report were consistent with the appropriate level of force the officers used to overcome Livingston’s alleged resistance.