On Jan. 19, 2011, plaintiff Eric Wheeler, 58, an inmate incarcerated at California State Prison in Corcoran, became involved in a physical altercation with a fellow prisoner. Wheeler claimed that during the course of the altercation several prison guards struck him with batons and sprayed pepper spray into his eyes and face. Wheeler claimed he was later denied adequate medical care and treatment for his serious medical needs. Wheeler sued the prison guards, D. Duck, A. Murrieta, Roger Lowder, and Steve Loftis; the prison’s warden, Kathleen Alison; the prison’s physicians’ assistant, Michael Ross; an admitting physician at Mercy Hospital in Bakersfield (where Wheeler was transported on the day of the altercation), Byron Mui; the treating nurses at Mercy Hospital, Agnes Wu, Jeffrey Neubarth, and M. Ancheta; and the employer of the admitting physician and nurses, Mercy Hospital. Wheeler alleged that the prison guards used excess force on him, in violation of his civil rights, and that the prison’s warden, Alison, was negligent for failing to staff enough officers to protect his safety, despite knowing of a prison staff shortage in his unit. Wheeler also alleged that the prison’s physicians’ assistant, Ross, was deliberately indifferent to his serious medical needs and that Ross only referred him for treatment at Mercy Hospital for his jaw injury, and ignored his other that were allegedly caused by the prison guards striking him numerous times with batons. He further alleged that the admitting physician at Mercy Hospital, Mui, failed to treat his leg and that this failure constituted medical malpractice. In addition, Wheeler alleged that the Mercy Hospital nurses were deliberately indifferent to his serious medical needs while incarcerated and subsequent to his discharge from Mercy Hospital on Jan. 21, 2011 and that Mercy Hospital was vicariously liable for the admitting physician’s and nurses’ actions. Several of the defendants were dismissed from the case on summary judgments, and the matter ultimately continued against Mui only. Wheeler claimed that upon arriving at Mercy Hospital, he made complaints of pain in his left jaw, left knee, and neck. However, he alleged that he was only diagnosed with a fractured jaw, which was attributed to his altercation with a fellow inmate, and referred to Mercy Hospital for treatment of that injury, but that the to his left knee, left thigh, and neck were ignored. He claimed that Mui’s treatment was appropriate in all respects, except that Mui was deliberately indifferent to a non-displaced fracture of the left leg’s femur. Wheeler claimed that the California Department of Corrections and Rehabilitation had him handcuffed to a bed throughout most of his hospital stay and that as a result, Mui failed to treat his leg injury, which he contended was a serious medical need. Wheeler’s correctional medical standards expert opined that Mui’s treatment and care did not meet the standard because he failed to address Wheeler’s leg injury. Mui’s counsel argued that Mui’s care and treatment of Wheeler was proper. Counsel contended that, upon arrival at the emergency room, the E.R. physician referred Wheeler to Mui for admission and an ear, nose and throat consult for his mandibular fractures. Defense counsel argued that Mui did not know of the non-displaced leg fracture and that Mui’s conduct and treatment caused no harm or injury to Wheeler. The defense’s internal medicine expert opined that Mui’s treatment met or exceeded the standard of care and that Wheeler’s alleged were not related to the care and treatment rendered by Mui. The defense’s expert orthopedist opined that the nature of Wheeler’s non-displaced fracture was not a significant fracture and did not constitute a serious medical need. He further opined that Mui prescribed Wheeler appropriate pain medication that and the fracture healed on its own within weeks., Wheeler claimed that he suffered residual pain and limitations as a result of Mui’s failure to treat the non-displaced fracture of the left leg’s distal femur. He also claimed he suffers a decreased range of motion and weakness in his leg. Mui’s counsel opined that Wheeler’s non-displaced fracture fully healed on its own within a few weeks and that Wheeler suffered no residual .