On Nov. 18, 2009, plaintiff Melvin Simmons, 35, an inmate, was transferred from California State Prison – Sacramento to the Security Housing Unit at California State Prison – Corcoran. He claimed that during the transfer, a correctional sergeant. Sergeant T. Sanders, insulted him and then assaulted him. He also claimed that after the incident, a lieutenant, A. Cruz, filed a fraudulent report. Simmons sued Warden Derral Adams, Lieutenant A. Cruz, and Sergeant T. Sanders. Simmons alleged that the Sanders’ actions constituted assault and battery, and excessive use of force in violation of the Eighth Amendment. He also alleged that Cruz’s actions constituted a violation of his due process rights, per the Fourteenth Amendment, and that Adams was vicariously liable for the actions of Sanders and Cruz. The court screened out all claims except for the Eighth Amendment excessive force claim against Sanders. Simmons, who appeared pro se, contended that upon his arrival at the Corcoran prison, Sanders, who was at the Receiving and Release area, insulted his dreadlocks and then pushed him face first into a metal fence, striking his shoulder and glasses. Simmons claimed that Sanders then walked him to the visiting area’s holding cell of Facility IV-B, where Sanders pushed his face into a wall, his right eye. Sanders testified that he was not working outside, so he was not processing inmates to the Special Housing Unit. Thus, he claimed he did not use any force on Simmons. Defense counsel argued that Simmons may have injured himself on the transport bus, by falling asleep against the metal grate, or during a confrontation with another prisoner., Simmons claimed superficial scratches and redness on his right face and shoulder. He also claimed additional , including bleeding and bruises, which were not supported by medical records. Simmons’ medical expenses, if any, were paid by the state Department of Corrections.