Appellant, in his pleading and testimony at a
Spears hearing conducted on March 15, 1989, stated that Defendants Barnett and Horton assaulted him on February 3, 1988, during a routine cell search. The internal affairs report indicates that while Officer Barnett was escorting Huguet away from his cell, so that it could be searched, Huguet began struggling with Barnett. Barnett, with the assistance of Officer Horton, placed Huguet on the floor and leg
irons were applied. The medical reports show that initially Huguet refused to be examined. On February 4th, Huguet complained of right elbow pain and swelling when seen by a nurse. Huguet refused a physician's examination on February 5th. Huguet was examined on February 16th and tenderness was noted. Huguet's elbow was x-rayed on March 16th. Dr. Rasberry noted that the elbow might have a
chip fracture. The injury was treated as a fracture and placed in a cast. The radiologist did not think it was an actual fracture. The cast was removed one month later. The last notation concerning this incident states that the elbow was normal.