Simpson

BACKGROUND

A. Factual Background

In May of 2000, Simpson pled nolo contendere to second degree armed robbery. He was sentenced to 216 months in state prison. The sentence included 60 months for the armed robbery plus a 156 month enhancement for his prior felonies.

This case arises out of an altercation on March 22, 2002, between Simpson and Thomas while Simpson was a prisoner at CMF. Both parties agree that Simpson refused to immedi- ately comply with Thomas’s order to remove a sheet from his cell window. After Simpson refused to remove the sheet, Officer Michael Webb unlocked the cell door, and Thomas entered the cell. The parties dispute what happened next.

1. Simpson’s Testimony

Simpson testified that he got down off his bunk when Thomas asked him to, but refused to “turn around and cuff up.” Simpson said that Thomas called him a profane name, took out his pepper spray, and threatened to use the spray. Simpson turned around and told Thomas he did not need to use the pepper spray. As Simpson turned around, “a struggle ensued” and Webb pepper sprayed both Simpson and Thomas. Eventually, Simpson “had [Thomas] by the neck . . . and took him down to [Simpson’s…