On June 12, 2005, plaintiff Derrick Billups, 39, an inmate at Sierra Conservation Center in Jamestown, was allegedly involved in an altercation with his cellmate that he claimed became physical. As a result, Billups claimed primarily to his left leg, ankle and face. Billups sued Gabriel Lomeli, the then Correctional Sergeant at Sierra Conservation Center. He claimed that the defendant failed to properly protect him in violation of his civil rights under 42 USC § 1983. Billups contended that in a meeting prior to the subject altercation, he informed Lomeli that he and his cellmate were not getting along, that he was in danger, and that one of them should be moved to another cell. He claimed that despite telling the Sergeant this, Lomeli denied his request to move one of them and failed to protect his safety. Lomeli admitted that Billups met with him prior to the subject altercation, but claimed that the meeting was only to ask to be moved to another cell, without specifying why. He claimed that since the plaintiff gave no specific reason, he had no reason to believe Billups was in any imminent danger. Thus, Lomeli claimed that he did not fail in his duty to protect., Billups claimed that he fractured his left leg and ankle during the physical altercation with his cellmate, as well as fractured his orbit. He further claimed that he suffers from emotional distress as a result of the incident, but did not present any medical testimony or records. Billups claimed he still experiences pain in his left leg and, according to proof, sought an unspecified amount of economic and non-economic damages. Defense counsel contended that Billups could not establish any testimony or records on his alleged and damages. Thus, counsel did not present any medical evidence due to the lack of proof.