On Feb. 29, 2008, plaintiff Gregory Baldwin, an inmate at High Desert State Prison, in Susanville, was being moved to the gym by Correctional Officers J. Fannon and M. Gray, who were housing officers in Building 5 on Facility B at the prison where Baldwin was housed. Baldwin was previously transferred to High Desert State Prison on Jan. 24, 2008. During that time, Baldwin was approved to be housed in the gym, rather than in a cell. As a result, Fannon told Baldwin to pack up his belongings because he was being moved to the gym on Feb. 29, 2008. Baldwin, who was wearing a soft, cervical, neck brace, complied with packing up, but allegedly refused to be transferred to the gym. About 30 minutes later, Fannon and Gray came to Baldwin’s cell, put Baldwin in waist restraints, and escorted him to the program office so that he could talk to a sergeant about his housing assignment. Sergeant R. Barton, who was in the Facility B gym, supervising the placement of inmates, met with Baldwin in the program office. However, he told Fannon and Gray to continue escorting Baldwin to the gym. During the escort to the gym, Fannon and Gray walked on either side of Baldwin, holding Baldwin’s bicep area. Baldwin was still wearing his soft, cervical, neck brace and followed behind the escort. As they neared the entrance to the gym, Fannon and Gray put Baldwin against the wall outside of the gym. After a few minutes, Fannon and Gray took Baldwin into the gym, where they released Baldwin and Gray removed Baldwin’s restraints. Baldwin sued Fannon; Gray; Barton; the deputy warden of High Desert State Prison; the acting warden, Michael McDonald; R.A. Gower; and the officers’ employer, the State of California Department of Corrections and Rehabilitation. Baldwin alleged that while he was being moved to the gym, Fannon and Gray used unnecessary and unreasonable force against him. He also alleged that Barton failed to protect him from Fannon’s and Gray’s use of force. The trial ultimately proceeded against Barton, Fannon, and Gray only. Baldwin claimed that he complied with Fannon’s and Gray’s orders, but that while he was being escorted to the gym, Fannon and Gray used excessive force by putting him against the wall outside and again, later inside the gym. He alleged that the correctional officers’ conduct aggravated or exacerbated his pre-existing neck injury. In addition, Baldwin claimed that Barton failed to protect him from Fannon’s and Gray’s use of force. Defense counsel contended that when Fannon and Gray came to Baldwin’s cell to escort him to the gym, Baldwin refused to go, alleging that his neck injury precluded him from being assigned to the gym. As a result, Fannon and Gray brought Baldwin the Barton’s office. Counsel contended that before Barton’s interaction with Baldwin in the program office, Barton did not know Baldwin and was unaware of any alleged injury or medical condition that may have precluded Baldwin’s assignment to the gym. Regardless, defense counsel argued that Fannon and Gray, as correctional officers, did not have the authority to make or change housing assignments and that as a sergeant, Barton did not have the authority to make or change housing assignments either. Counsel contended that, instead, a classification committee decides where an inmate will be housed. Defense counsel argued that as a result, Barton told Fannon and Gray to continue escorting Baldwin to the gym, but that as the correctional officers neared the entrance to the gym, Baldwin stopped walking and said he was not going. Counsel further argued that since Baldwin resisted the officers’ efforts to escort him by dropping his weight, refusing to walk further, trying to pull away from their grasp, and attempting to kick Fannon, the officers had no choice but to put Baldwin against the wall outside of the gym before taking him inside a few minutes later and putting him against the wall again as Gray removed Baldwin’s restraints before releasing him., Baldwin claimed that the officers’ use of force aggravated or exacerbated to his pre-existing neck injury. As a result, he requested medical assistance after being transferred to the gym. The medical staff subsequently came to the gym and attended to Baldwin, who was placed on a backboard and gurney, and taken to the medical unit on the yard. Baldwin was later taken to the prison hospital for examination. He had no further interaction with Barton, Fannon or Gray after he was taken out of the gym. Baldwin claimed that as a result of the aggravation of his neck injury, he now suffers from weakness of his lower extremities and is left wheelchair-bound.