On Nov 7, 2010, plaintiff Jesse Galindo, 17, was incarcerated in the Fresno County Juvenile Justice Center. At 8:30 p.m., Jesse became frustrated after correctional officers told him that he was not allowed to shower that evening. In response, he covered the window to his housing unit with paper to obstruct the officers’ regular visual observations. Jesse claimed that, in response, the officers used excessive against him. Jesse’s mother, Jessica Risueno, acting as her son’s guardian ad litem, sued Correctional Personnel Watch Commander Supervisor Olga Vela; Officer Moises Munoz; Officer Linda Penner; and the officers’ employer, the county of Fresno. Risueno alleged that the officers assaulted Jesse in violation of his rights under the Eighth Amendment and the state assault-and-battery law. Jesse turned 18 during litigation, making his guardian ad litem unnecessary. Penner and the county were also ultimately dismissed from the case on summary judgment. Thus, Jesse continued with his claims against Vela and Munoz only. Jesse claimed that, in response to him covering the window to his housing unit, the officers opened his cell and pepper sprayed him. He also claimed that when he attempted to escape the attack, the officers placed him in a choke-hold and then slammed his face into the floor until he lost consciousness and had a seizure. The plaintiff’s correctional facility expert testified that while the officers were within their legal rights, they should have spoken to Jesse for longer before using force. Defense counsel maintained that Jesse was instigating gang-related problems within the unit and that the officers unsuccessfully attempted to convince Jesse to remove the paper from his window. Counsel contended that when Jesse refused, the officers introduced pepper spray into the cell, but that it was ineffective. Counsel also contended that when the officers attempted to extract Jesse from his cell, Jesse ran out of the cell and that as a result, the officers had to tackle him to the ground. Defense counsel further contended that Jesse never lost consciousness and continued to struggle while on the ground. In addition, counsel contended that following the incident, the officers placed Jesse in handcuffs and decontaminated his eyes from the pepper spray. Defense counsel entered into evidence photographs of the facility and Jesse’s , as well as evidence of the facility’s floor plans., Jesse developed bruising and swelling to his nose, eyes, and forehead. He also claimed that he suffers emotional distress as a result of the incident. A nurse at the Fresno County Juvenile Justice Center who treated Jesse on the day of the incident testified that she gave him ice for his . Jesse’s mother, Jessica Risueno, claimed that her son has speech difficulties following the altercation. Thus, Jesse sought recovery of $500,000 in damages for his past pain and suffering and emotional distress. He also sought recovery of $250,000 in damages for his future emotional distress.