P. v. Lopez
On June 27, 2006, at approximately 7:28 a.m., while inmates were being released at North Kern County Prison from their housing unit for the morning meal program, an inmate assaulted another inmate. The staff announced a Code #1 emergency and directed the inmates to assume a prone position. All inmates complied except Lopez, who sat at a table and began making verbal threats. Eventually, Lopez assumed a prone position on the ground but refused to place his hands behind his back. He also threatened to batter staff members. When a lieutenant called for a Code #2 emergency, Lopez got up and rushed toward Correctional Officer Mikkleson. Correctional officers were able to subdue Lopez after spraying him with pepper spray and hitting him in the lower abdomen with an impact round. Mikkleson sustained redness on his face from exposure to the pepper spray, a cut above his eye, and a cut on his arm. The judgment is affirmed.
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