On Nov. 22, 2006, plaintiff Nicolas Moran, a prisoner in the custody of the California Department of Corrections at Kern Valley State Prison, was removed from his cell in order to transport him to the C-Yard. He claimed that in the process of removing him from his cell and transporting him, Correctional Officers Tami Perez, Gus Garza, Roberto Moreno and Sergeant Debbie Hill threatened, taunted and kicked him, while he was in restraints and a chokehold. Moran sued Perez, Garza, Hill and Moreno, as well as Director of Corrections John Dovey, Warden C. Chrones, Sergeant E. Morales, Sergeant J. Harden, and Officers J. Orosco, V. Yates, C. Jackson, J. Lopez, A. Maese, M. Aguilar, Chesley, Hernandez, Cessar and Polambo. Moran alleged that the defendants used excessive force against him during his cell removal and transportation. Garza moved for judgment as a matter of law, per Rule 50 of the Federal Rules of Civil Procedure, and was dismissed from the case. The case ultimately continued against Hill, Perez and Moreno only, with all other defendants being let out of the case. Defense counsel contended that no use of force, much less excessive force, was used during the event at issue., Moran claimed he sustained a fracture to his throat and an injury to his left wrist. Thus, he sought recovery for unspecified damages related to .