People v. Broaden CA5

FACTS

On July 16, 2011, at approximately 1:45 p.m., while incarcerated at Kern Valley State Prison, Broaden yelled out to Correctional Officer Mercado from his cell on the second tier that he was suicidal. Prison protocol required Officer Mercado to place a suicidal inmate in a holding cell and contact “psych” personnel who would then talk to the inmate. Officer Mercado opened the food port to Broaden’s cell and had Broaden turn around so Mercado could handcuff his arms behind his back through the port and escort him to the holding cell. Officer Mercado handcuffed Broaden and after Officer Anaya opened the door from the control booth, he began escorting Broaden out of his cell. As Mercado and Broaden were exiting the cell Broaden quickly turned to his right, pushing his shoulder into Mercado’s chest, which moved Mercado backwards and caused him to lose his balance. Broaden also squatted down and attempted to lift Officer Mercado up. Officer Mercado, however, was able to take Broaden down by wrapping his right arm around the back of Broaden’s neck and grabbing Broaden’s left leg with his left

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