On April 5, 2010, plaintiff Robert Thomas, an inmate in his 40s at California Correctional Institution in Tehachapi, was exiting a classification committee, unit IV-A, when Officer Razo attempted to put him in handcuffs. Thomas was then pepper sprayed by Officers Razo, Moreno and Brown. After the incident, Thomas was being escorted to the clinic, but Officers Vera and Holguin took him to the ground while he was still in handcuffs and Officer Vasquez pepper sprayed him again. Thomas sued Razo, Moreno, Brown, Vera, Holguin, and Vasquez. Thomas alleged that all six correctional officers used excessive force against him in violation of the Eighth Amendment. Thomas, appearing pro se, claimed that Razo put handcuffs on him just for looking at him and that Razo then pepper sprayed and assaulted him after he was prone on the ground. He also claimed that he was having problems breathing and that Moreno and Brown sprayed him in the face with pepper spray for no reason. Thomas contended that after the incident, Holguin escorted him to the clinic, but that Vera and Holguin slammed him to the ground and then punched him on the head and back, and kicked him while he was in handcuffs. He further contended that Vasquez pepper sprayed him in the eyes and nose once more before the officers took off his clothes and put him in a holding cage. In addition, Thomas contended that all six officers then wrote false disciplinary reports against him. Defense counsel contended that Thomas made inconsistent statements about the event, his involvement in the incident, and his felony convictions. Counsel maintained that the incident started when Thomas refused to return to his cell after a committee meeting and then refused to be handcuffed. Defense counsel argued that, instead, Thomas raised his fists and moved toward Razo, requiring the officers to use pepper spray. Counsel also argued that as Thomas was being transported to the medical clinic holding cell, he kicked Vasquez, which resulted in the officers taking Thomas to the ground. In addition, defense counsel argued that Thomas was resistive and thrashing on the floor, resulting in another use of pepper spray. Thus, counsel contended that the officers’ actions were appropriate., Thomas claimed he was hit repeatedly, causing multiple bruises. He also claimed that the pepper spray affected his vision and caused him headaches. He further claimed that he suffers emotional distress as a result of the incident. Defense counsel noted that other than the pepper spray exposure, there were no other physical documented for Thomas. Counsel also contended that there was no evidentiary support for Thomas’ alleged emotional distress.