On Nov. 5, 2011, plaintiff Victoriano Mendez-Garcia, 20s, a farm laborer, was standing near a bench that was occupied by another male in a darkened park in Madera when he was approached by Police Officer Josh Chavez and an agent from the Department of Homeland Security. When Chavez greeted him, Mendez Garcia ran away from both Chavez and the agent and attempted to hid in an occupied house. Chavez ultimately attempted to shock Mendez-Garcia with a Tazer, but it was ineffective. As a result, Chavez took Mendez-Garcia to the ground with hand tactics, handcuffed him, and escorted him out. Mendez-Garcia was charged with resisting arrest and interfering with an investigation. He was found guilty. Thereafter, he left the United States to return to Mexico, and has not returned. Mendez-Garcia claimed that he sustained to his face during the incident. Mendez-Garcia sued Chavez; Chavez’s employers, the city of Madera and the City of Madera Police Department; and the United States of America, a sovereign nation acting by and through its agency, the Department of Homeland Security. Mendez-Garcia alleged that the defendants’ actions constituted excessive force in violation of his civil rights. Specifically, he contended that Chavez and the Homeland Security agent beat him during the arrest. Defense counsel argued that officers are allowed to use an element of force when effecting an arrest. Counsel contended that Mendez-Garcia was in a high-crime area prior to being approached and that Mendez-Garcia was approached to make consensual contact. Counsel also contended that, unbeknownst to Chavez or the agent, the house Mendez-Garcia ran into was his aunt’s. In addition, defense counsel contended that Mendez-Garcia’s aunt repeatedly yelled at Mendez-Garcia to stop resisting during the arrest, but that Mendez-Garcia continued to resist., Mendez-Garcia sustained a black eye when his face struck the ground when he was taken down to the ground during the arrest. He was subsequently seen at a hospital, where his swollen eye was treated. Mendez-Garcia claimed he could no longer work in harvesting as a result of the incident, and sought recovery for his loss of income and loss of earning capacity. Defense counsel noted that Mendez-Garcia stated in his deposition that he continued harvesting when he returned to Mexico.