On May 26, 2008, plaintiff Roy Montes, also known as Raymond Montezello, a prisoner at Pelican Bay State Prison at that time, alleged that Correctional Officer P. Rafalowski used excessive and unnecessary force against him, and that Correctional Officer J. Clemons failed to intervene. Montes sued Rafalowski and Clemons, alleging that they violated his Eighth Amendment right against cruel and unusual punishment, per 42 U.S.C. § 1983. Specifically, Montes alleged that Rafalowski threw him against a second tier rail and a cell door, punched him in the face multiple times, and repeatedly slammed his head into the ground. He also alleged that Clemons, despite standing next to Rafalowski during the incident, failed to intervene and prevent the excessive use of force. Rafalowski and Clemons denied Montes’ allegations, claiming that any alleged use of force was necessary and not excessive., Montes claimed physical , mental distress, physical pain and suffering, mental anguish, distress, and humiliation, amongst other things, as a result of the correctional officers’ actions. Thus, he sought declaratory relief, as well as recovery of compensatory damages, punitive damages and attorney fees.