Hojnowski
People v. Hojnowski
Opinion
Opinion
Needham, J.
I. FACTS
On April 1, 2012, appellant was serving a prison term in Pelican Bay State Prison and was housed in a lockup unit. Correctional Officers Rodgers and Serna escorted him to the showers and placed him in a stall with a steel mesh security screen. After appellant had finished showering, Rodgers handcuffed him while he was still in the shower stall before moving him back to his cell. Rodgers asked appellant whether he had a cellmate, because security protocols required correctional officers to take certain precautions when another inmate was present. Appellant responded, “Well, go check the board yourself you dumb motherfucker,” and spit at Rodgers through the security screen. Some of the spit hit Rodgers’s face and made contact with Serna, who was standing close by. Correctional Officer Rios heard a “scuffle” and walked into the shower area to see Rodgers “kind of pulled back from the shower door.” Appellant, who was still in the shower, cursed at Rios and spit on his face. Correctional Officer Rosas approached appellant to place a “spit hood” on him and appellant spit on Rosas as well.