On June 7, 2010, plaintiff Kevin Bryant, 45, an inmate who had a job as a prison barber and was serving a life sentence at Kern Valley State Prison, filed a prison grievance, California Department of Corrections and Rehabilitation appeal form 602, and gave it to Correctional Officers Patrick Gallagher and Ramon Romero. Bryant filed the grievance because the guards wanted to change his release time for work. Gallagher and Romero were the first shift guards in the area where Bryant was housed. The next day, Bryant sustained a fractured ankle after he was assaulted by other inmates. Bryant claimed that the guards conspired with each other and the other inmates to have him assaulted for filing the 602 appeal/prison grievance. He also claimed the guards watched the assault and failed to summon medical care for him afterward. Bryant sued Correctional Officers Patrick Gallagher and Romero Romero (who was initially sued as “A. Romero”); the warden at Kern Valley State Prison, Kelly Harrington; and the secretary/director at CDCR’s main headquarters, Matthew Cate. Bryant alleged that the actions of Gallagher and Romero constituted a conspiracy, retaliation in violation of his First Amendment right, cruel and unusual punishment/deliberate indifference to his medical need in violation of the Eighth Amendment, and failure to protect in violation of the Eighth Amendment. He also alleged that Harrington and Cate were liable for the officers’ actions. Harrington and Cate were ultimately dismissed from the case. Bryant claimed that on June 7, 2010, Gallagher and Romero told him that they would no longer let him out on time for work and that the next shift guards could do it. Bryant claimed that Gallagher and Romero were lazy and did not want to leave their office to let out the barbers on time and that, instead, Gallagher and Romero would play cards and sleep in their offices. He alleged that as a result, he completed a 602 appeal/prison grievance and gave it to Gallagher and Romero. Bryant claimed that in response, Gallagher and Romero told him that if he wanted to file a 602 appeal, they would lock down all of the prisoners, tell them it was because of him, and have the inmates take care of him. The next day, Bryant was assaulted by inmates while Gallagher and Romero were allegedly watching. Bryant contended Gallagher and Romero did not sound the alarm or stop the assault. He claimed that after the incident, the inmates told him that they would kill him and his family and that he must report the injury as a slip and fall. Bryant claimed the guards appeared alarmed because they did not expect the assault to result in such a bad injury and refused to call for medical help, despite his requests that they do so several times. Inmates testified as to witnessing the assault and being involved in the conspiracy. Gallagher and Romero contended that there was no conspiracy to harm Bryant or violate his civil rights. They also contended that Bryant slipped and fell and that they saw Bryant on the ground by a puddle of water. In addition, they claimed they did not see Bryant being assaulted., Bryant sustained a trimalleolar fracture of his right ankle, with three separate breaks in the tibia and fibula, as well as ankle ligament rupture. The tibia fracture was displaced and the bone penetrated his skin, causing him to bleed. Bryant claimed he eventually convinced the guards to let him into his cell so that he could get an old ADA walker he had inside and then ended up hopping 300 yards on one leg with the assistance of the walker to obtain medical treatment. He ultimately underwent an open reduction internal fixation surgery on July 7, 2010 Bryant claimed that he eventually made a full recovery and that he has no significant, permanent limitations, other than his leg will hurt if he runs on it for extended periods of time. Thus, he sought recovery of compensatory damages as a result of his injury. After he returned to the prison, Bryant still had to report to Gallagher and Romero, and had to ask them for garbage bags to cover his casted leg when he showered. Bryant claimed Gallagher and Romero laughed at him and cracked jokes about his injury. Thus, he sought recovery of punitive damages. Bryant filed the case in pro-per in 2011 and made it to the eve of trial. At trial, Bryant called the treating prison nurse, treating emergency room physician, and treating orthopedic surgeon. All three testified that they did not believe Bryant would be able to walk on his injured ankle normally, much less bear weight on it. Gallagher and Romero claimed that Bryant never asked for medical help, and only asked to go to medical, and that Bryant then walked to medical on his own with the assistance of his old ADA walker. However, they claimed that when Bryant thought he had left their view, he appeared to be in no apparent distress and walked normally, just slower than usual.