Steven J. KELLEY, Plaintiff-Appellee, v. Robert G. BORG, Defendant-Appellant

OVERVIEW

On June 24, 1987, Steven Kelley was an inmate at Folsom Prison, in the Security Housing Unit. The unit was in a lockdown state. Workers from Lawson Mechanical Contractor (“Lawson”) were working on the air supply ducts. Kelley complained to California Department of Corrections (“CDC”) Officers Hudson and Ferryance that fumes were entering his cell, and requested that they let him out. The officers responded that they were physically unable to do so,- and that they needed permission from their Lieutenant (Hickman). Approximately five minutes later Kelley pounded on his cell again, and asked to be let out. Ferryance apparently yelled to Hudson to ask whether Kelley could be let out, and Hudson respond ed that Hickman had ordered that all the inmates must remain in their cells. Kelley told Ferryance that the fumes were Wiling him, but he was not released. Shortly thereafter, Kelley became unconscious and was taken to the infirmary.

Kelley brought a 42 U.S.C. § 1983 action against Officers Hudson, Ferryance, and Hickman, as well as the contractor, Lawson. Lawson subsequently settled with Kelley, and on August 4, 1992, Kelley and the CDC officers consented to proceed before a…