On Oct. 19, 2010, plaintiff Rachee Willis, a black inmate, was allegedly attacked by Hispanic inmates. While prisoners were being brought back into prison housing, a riot broke out involving black and Hispanic inmates. Willis claimed he was attacked during the incident, causing to his head, face, and hands. Willis sued Warden McEwen; Associate Warden G. J. Janda; Correctional Officers N. E. Landerros, Cerros, and L. M. Nevarro; and the California Department of Corrections and Rehabilitation (CDCR). McEwen, Janda, Landerros, and Cerros were ultimately dismissed from the case. Thus, the matter continued against Nevarro and the CDCR only. Willis, who appeared pro se, claimed that Nevarro violated his Eight Amendment rights by being deliberately indifferent to his safety and that the CDCR was liable for Nevarro’s actions. Defense counsel argued that Nevarro did nothing wrong., After the riot, a physician treated Willis for facial abrasions. Willis also underwent an X-ray on a hand. Willis claimed he suffered a traumatic head injury, resulting in a concussion. However, he did not claim any ongoing physical limitations.