On Aug. 23, 2006, plaintiff Thornell Brown, a prisoner who, at that time, was serving a 15-year prison sentence at Kern Valley State Prison for a 2000 felony conviction, was being escorted by Correctional Officers Jawayne Fambrough and Joe Garcia to the Program Office at the prison. He claimed Fambrough and Garcia used excessive force on him during the escort and that upon reaching the Program Office, Officers Jackson Copeland and Felix Vasquez joined Fambrough and Garcia in using excessive force against him. In addition, he claimed that Correctional Officers Stephanie Amoako and Victor Yates, as well as Sergeant Jerome Peacock and Lieutenant John Whitehead watched the incident and failed to protect him. Brown originally sued Fambrough, Garcia, Copeland, Vasquez, Amoako, Yates, Peacock and Whitehead, as well as Correctional Officer Jose Gonzales, Licensed Vocational Nurse K. Carter, Sergeant C. Hay, Former Warden Chris Chrones, Former Warden Mike Knowles and Warden Anthony Hedgpeth. Brown alleged that the actions of Fambrough, Garcia, Copeland and Vasquez constituted excessive force, and that that Amoako, Yates, Peacock and Whitehead were negligent for failing to protect him. He also alleged that all of the defendants were deliberately indifferent to his medical needs and that the supervisors were liable for the officers’ actions. After Brown was appointed counsel as part of the Eastern District’s Pro Bono Panel, and several individuals and claims were dismissed, the case proceeded to trial against Fambrough and Copeland for excessive force, and against Amoako, Yates, Peacock and Whitehead for failure to protect. Brown claimed that Fambrough violently pulled and pushed him during the escort to the Program Office and that when they reached the area outside the Program Office, the Fambrough and Garcia attempted to “dump” him on his head. He alleged that he resisted the officers’ efforts to “dump” him by straightening his torso and securing his left foot behind Fambrough’s right foot, which caused Fambrough and Garcia to fall. He claimed that once on the ground, Fambrough and Copeland punched and kicked him, as well as twisted his legs and arms, and stood on various parts of his body. Brown further alleged that Amoako, Yates, Peacock and Whitehead watched the incident and failed to protect him from the unprovoked beating. Defense counsel contended that Brown was handcuffed and escorted to the Program Office after he became upset about the manner in which Garcia searched him before yard release. Counsel asserted that during the escort, Brown threatened Fambrough, resisted the efforts of Fambrough and Garcia to escort him, and was inciting the inmates on the yard. Defense counsel contended that Amoako, who followed the escort, subsequently called for the yard to be put down because other inmates started walking toward the escort. Counsel further contended that as a result, Copeland and Peacock, along with other staff members, responded to the area of the escort when the yard was put down and provided extra coverage. Defense counsel argued that once the escort entered the patio area outside the Program Office, Brown, without warning, placed his left foot behind Fambrough’s right foot and thrusted his upper body backward, causing Fambrough to fall and hit his head on the concrete floor, while taking Brown and Garcia down to the ground with him. Counsel contended that once on the ground, Brown resisted the officers’ efforts to subdue him by kicking his feet and hitting Copeland. Counsel asserted that staff was eventually able to gain control of Brown and place him in leg restraints, and that Whitehead arrived at the scene after staff had regained control of Brown. Defense counsel further contended that Peacock then ordered Yates and another officer to escort Brown to a holding cell in the Program Office, where he was evaluated by medical staff. In addition, counsel contended that Copeland, Fambrough and other staff injured during the incident were also medically evaluated, and that Copeland and Fambrough had to be taken to an outside medical facility for further treatment for a dislocated finger and a concussion. Thus, defense counsel argued that the defendants only used the amount of force necessary to subdue and restrain Brown, and that the Brown sustained were a result of his refusal to comply with orders to stop resisting., Brown alleged that he sustained scrapes, scratches, abrasions, cuts, bruises and welts to his head, knees, shoulders and ankles, as well as fractures to several ribs. He further alleged that he continues to experience shoulder and back pain as a result of the incident. Defense counsel submitted evidence to show that Brown’s only consisted of several scrapes and abrasions to the left side of his head and body.