On March 17, 2007, at approximately 11 p.m., plaintiff Daniel Courson, a bi-polar, “green banded” (escape/assault-risk) inmate in his late 30s, was awaiting transfer to state prison after being convicted of 16 counts of robbery. Courson claimed that Deputy Cochran used excessive force prior to handcuffing him, and then ignored his complaints of pain and for medical attention. Courson sued Cochran, alleging excessive force and deliberate medical indifference in violation of his Eighth Amendment rights. Courson also sued Deputy Espinoza, but Espinoza was later terminated from the case. Thus, the matter proceeded to trail against Cochran only. At trial, Courson claimed that Cochran threw him into a cinder block wall prior to handcuffing him. Cochran denied using any force against the inmate because Courson did not resist being handcuffed. Cochran explained that the need to handcuff the inmate stemmed from an incident during which Courson became argumentative and disrespectful after being asked to remove a towel, for safety reasons, from his cell. Cochran alleged that he then gave both Courson and his cellmate a copy of the Rule Violation Report to review, as well as a notice instructing them of their right to a Disciplinary Hearing. Defense counsel noted that both inmates waived their right to a 24-hour delay of the Disciplinary Hearing, and signed a waiver so indicating. However, Cochran claimed that after giving Courson his pen to sign the waiver form, the inmate would not give it back. The deputy explained that he told Courson to return his pen, as inmates in County jails are not permitted to possess pens for officer safety reasons, but that Courson responded, “I need to look at this first.” He claimed that when he again told Courson to return his pen immediately, the inmate stood up, but made no move to return the pen. Cochran claimed that as a result, he called another deputy on his hand held radio and asked him to come to the 5C module gate so that he could enter the module and get his pen back. He then told Courson and his cellmate to gather their personal property in preparation for being moved to a new cell and return to the gate. Cochran claimed that the cellmate subsequently walked away from the module gate to return to his cell, but Courson continued to argue about the pen. He alleged that when the other deputy arrived, the module gate was rolled open and he and the other deputy entered the dayroom, where he again ordered Courson to return his pen. Cochran claimed that when Courson began to walk toward him, waving his hands in the air and continuing to argue with him, he told Courson to put his hands behind his back so that he could be handcuffed. However, Cochran claimed that despite the incident, Courson eventually complied, putting his hands behind his back. He also claimed that when he took hold of the inmate’s arm and guided him over to the dayroom wall, Courson did not physically resist, nor did he resist while the other deputy handcuffed him., Courson claimed he suffered a partial rotator cuff tear and a torn labrum in his shoulder socket as a result of Deputy Cochran’s actions. He ultimately required surgery to treat his shoulder condition. Thus, Courson sought recovery of damages for his pain and suffering. Defense counsel argued that Courson’s shoulder condition was unrelated to the incident with Cochran.