On Oct. 25, 2009, plaintiff William Barker, an inmate in a wheelchair, was returning through the Unit I Grill Gate at California Medical Facility, in Vacaville, a medical/psychiatric institution for the health care needs of the male felon population in California’s prisons, when and argument ensued between him and Correctional Officer Yassine, who was on duty at the Gate. The argument involved Barker’s identification and ducat pass to the medical clinic. Yassine ultimately conducted a pat down search of Barker while he was sitting in his wheelchair. However, Barker claimed that Yassine used excessive force in conducting the search. Barker claimed that as a result, he suffered to his back, neck, a shoulder, and a hip. Barker sued Yassine. Barker alleged that Yassine violated the Eighth Amendment, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the California Unruh Civil Rights Act, and the California Disabled Person’s Act. Barker claimed that Yassine should have used an Americans with Disabilities Act-bench to search him, since he was in a wheelchair. He contended that, instead, Yassine pushed him forward during the search, causing his back to “pop.” Thus, Barker claimed that the amount of force Yassine used during the search was excessive. The court ultimately dismissed Barker’s claims regarding violations of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the California Unruh Civil Rights Act, and the California Disabled Person’s Act. Thus, the matter continued with Barker’s Eighth Amendment excessive force claim only. Yassine denied using any force during the search, and claimed that he did not push Barker, but, instead, stopped when Barker refused to move forward further. He also claimed that he did not take Barker to an Americans with Disabilities Act-bench for the search because he could not leave his post at the gate and it was not required., Barker claimed that after the incident, he suffered pain to his lower back, neck, a shoulder, and a hip. He also claimed that he suffers emotional distress due to his ongoing pain. Plaintiff’s counsel contended that Barker was an “eggshell” plaintiff, whose physical problems were exacerbated by the incident. Thus, Barker sought recovery of compensatory damages, but plaintiff’s counsel did not ask the jury for a specific amount at trial. Barker also sought recovery of punitive damages against Yassine, arguing that Yassine’s conduct was malicious. Defense counsel contended that Yassine sounded an alarm to report a disruptive inmate and to have a supervisor respond when Barker began yelling during the incident. Counsel noted that Barker was then taken to the B-yard medical clinic for his previously scheduled appointment. Defense counsel further contended that Barker only complained that his back hurt and that excessive force had been used during the attempted search after Barker was informed that he would be written up (with a Rules Violation Report) for refusing orders.