On Feb. 20, 2009, plaintiff James Spinks, 60, a retired and disabled man, was on a Green Line train in Los Angeles when he was approached by Los Angeles County Deputy Ermina McKelvy. When Spinks exited the train, he was detained by McKelvy and Sheriff’s Deputy Mark Collins on the platform at the Willowbrook (Rosa Parks) train station, during which Spinks was placed in handcuffs and kneed three times. As a result, Spinks claimed a rib injury. Spinks sued McKelvy; Collins; Sergeant Chris Meadows; Sergeant Augie Pando; and their employers, the Los Angeles County Sheriff’s Department and the county of Los Angeles. Spinks alleged that Collins’ actions constituted excessive force and that Collins and that McKelvy retaliated against him for asking questions about who she was. He also alleged that the officers unlawfully detained him, and that the county and police department were vicariously liable for the officers’ actions. Pando was ultimately let out of the case after discovery revealed that he had no part in the events. Thus, the matter proceeded to trial against the remaining defendants. Spinks claimed that McKelvy never identified herself as an officer and never told him to stay on the train. However, he did not deny seeing McKelvy’s badge on her hip at the time of the incident. Thus, Spinks claimed that he was unlawfully detained by McKelvy and Collins on the platform of the train station in retaliation for asking for McKelvy to identify herself on the Green Line train. He also claimed that Collins used excessive force against him by kneeing him three times in the ribs. In addition, Spinks claimed the deputies conspired to cover up the incident by falsely alleging that he had attacked them. McKelvy claimed that she initiated a fare investigation on the subject date by announcing to everyone on the Green Line train that she was an officer, and then repeatedly pointed to her badge. However, she claimed that she when asked everyone to take out their fares, Spinks refused to show proof of fare. She claimed that as a result, she asked Spinks to exit the train at the next stop so that she could speak with him once the train stopped, but that Spinks immediately walked out the open doors at the current stop, instead of staying on the train, as she had asked. The officers claimed that Spinks then swung an elbow at McKelvy’s face when she placed a hand on his arm. Defense counsel noted that Spinks did not deny the movement of his arm, but claimed it was “reflexive,” and not intentional. The officers claimed that as a result, the Collins, McKelvy and Spinks went to the ground. Sergeant Meadows and the two deputies further claimed that once on the ground, Spinks lay with his hands beneath his chest and refused to give them up for cuffing. They alleged that as a result, Collins kneed Spinks three times until Spinks released his hands and surrendered his left hand to be handcuffed. As a result, defense counsel argued that the deputies used reasonable force to handle the resistive Spinks., Spinks was originally screened by paramedics at the scene and then transported to an emergency room in Norwalk, where a rib fracture was diagnosed. He also claimed he suffered emotional distress as a result of the incident. Thus, Spinks, a former Long Beach Unified School District employee, sought recovery for his past medical expenses, as well as damages for his past and future emotional distress. He also sought recovery of punitive damages.