On July 22, 2010, plaintiff Roberto Gutierrez, 44, an unemployed man on disability, and his wife were entering the United States from Mexico at the Andrade Port of Entry when their vehicle was sent to a secondary inspection, where they exited their vehicle. After waiting for another vehicle to be inspected, Gutierrez and his wife began walking back to their vehicle when Gutierrez was allegedly knocked to the ground and searched by two U.S. Customs and Border Protection officers. Gutierrez claimed that he was physically attacked by the officers, causing to his back and left wrist. Gutierrez was ultimately charged with criminally assaulting an officer, but the charge was later dropped. Gutierrez sued the two officers, Jonathan Curiel and Armando Reynaga; and the officers’ employer, the United States of America. Gutierrez alleged that the defendants’ actions constituted excessive force and malicious prosecution in violation of his constitutional rights. Gutierrez claimed Curiel and Reynaga asked to search him and that when he did not immediately comply, Curiel punched him in the face. He also claimed that when he was knocked to the ground, Curiel and Reynaga continued punching and kicking him. Gutierrez’s wife claimed she did not see the initial punch, but saw her husband being assaulted on the ground. Defense counsel argued that the officers did not attack Gutierrez or cause him any new injury and that there were several inconsistencies with Gutierrez’s account of the incident. Curiel and Reynaga claimed that they asked to search Gutierrez, but that when Curiel’s attempted to perform a search, Gutierrez knocked Curiel’s hand away twice. They alleged that Gutierrez then squared up to fight Curiel, but then turned around and collided with Reynaga, who was approaching to back up the other officer. The officers further alleged that when Gutierrez collided with Reynaga, Gutierrez fell to the ground and then complained of . Curiel and Reynaga denied all accusations of punching and/or kicking Gutierrez., Gutierrez claimed he suffered physical to his back and left wrist during the incident. He was subsequently taken by ambulance to Yuma Regional Medical Center, in Yuma, Ariz., where he was treated and discharged. Gutierrez claimed the assault caused a pre-existing surgical screw in his wrist to push through the skin, complicating the previously implanted hardware. He also claimed lower back strains and sprains, and an exacerbation of a prior injury. Gutierrez alleged that although he is not currently treating his , he may pursue future medical treatment. He also alleged he suffers from anxiety and mental anguish as a result of the incident. Thus, Gutierrez sought recovery for his past medical costs and pain-and-suffering damages. He also sought recovery of punitive damages. Defense counsel argued that Gutierrez did not sustain any new injury from the subject incident and that any Gutierrez complained of pre-dated the incident. Defense counsel called the emergency room physician that examined Gutierrez following the alleged incident. The physician testified that he did not find any evidence of new to Gutierrez and that all of Gutierrez’s complaints stemmed from his past work injury.