On Oct. 22, 2009, at approximately 6:55 a.m., plaintiff Robert Baltimore, 40, an inmate at California State Prison – Corcoran, finished showering and was handcuffed by Officer Christopher Haggins. Baltimore then asked if he could get a book, but Haggins said no. As a result, an incident occurred between them when they were in front of, or just inside, Baltimore’s cell. During the incident, Haggins struck Baltimore three times in the leg with the tip of his Monadnock Expandable Baton. Baltimore sued Haggins, alleging that the defendant’s actions constituted an excessive use of force. Baltimore, appearing pro se, claimed that after he was handcuffed, he asked for a book, but that Haggins threatened him and told him to go back to his cell. He claimed that as the cell door was closing, Haggins jerked him backward, hit him with a baton, and then continued hitting him after he fell to the ground. Baltimore contended that he did nothing to warrant Haggins’ use of force. Haggins testified that he did not threaten Baltimore, but was routinely escorting a Security Housing Unit inmate back to his cell, but that Baltimore flexed his arms and turned as if to assault him. He claimed that since he feared for his safety, he ordered Baltimore to get down on the ground and then struck him with a baton on the lower leg when Baltimore did not get down. Haggins further claimed that he had to again strike Baltimore on the lower leg when Baltimore repeatedly ignored orders to get down., Baltimore sustained minor bruises and a laceration that required four sutures to his lower leg. He also claimed emotional trauma from the incident, but had no testimony by a psychologist or psychiatrist to corroborate those emotional claims. Baltimore’s costs of medical care were paid by the state Department of Corrections. According to his pretrial statement, Baltimore sought recovery of $40,000 in compensatory damages, $50,000 in punitive damages, and $10,000 in nominal damages and for pain and suffering. However, it was noted that nominal damages may not exceed $1. Baltimore also sought recovery of attorney’s fees and his cost of suit, but that because Baltimore represented himself and did not pay the cost of suit, he was not entitled to recover costs.