On the evening of May 6, 2010, plaintiff Brett Lozano, 17, a student, was involved in an altercation with Santa Ana police officer Justo Capacete in the vicinity of McFadden Avenue. After a chase, Capacete apprehended Brett and returned him home to his mother since Brett was a minor. Brett claimed he suffered to his ribs, lungs and lower back as a result of the altercation with Capacete. Brett sued Capacete; his partner, Santa Ana police officer Gustavo Moroyoqui; and their employer, the city of Santa Ana. He alleged that Capacete and Moroyoqui negligently used battery and excessive force in violation of his civil rights, specifically his rights under 42 U.S.C. § 1983 and Civil Code § 52.1). He also alleged that the city was vicariously liable for the officers’ actions. Brett contended that he just purchased beer with his two friends on the night of May 6th and was carrying the beer in a black plastic bag when a spotlight from a police car shined on them. He claimed that one of his friends, Aaron, began running and was subsequently chased by Capacete. Brett claimed that at the same time, he got on his bicycle and left. However, he alleged that after entering an alley, the police car arrived and ordered him to get off the bike and lay on the ground. Brett claimed that even though he complied with the officers, they ran up on him and started kicking him, with one officer kicking him multiple times in the ribs and the other officer stomping on his back. In addition, Brett claimed the officers threatened to book him unless he said he was alright following the altercation. Aaron and another friend, Jose, who lived by the alley, claimed they observed the beating. However, the testimony of both Aaron and Jose was impeached by felony convictions. Capacete and Moroyoqui claimed that on the night in question, they observed two males, one being Brett, looking through what appeared to be a black purse. The officers claimed that they then shined their spotlight on the two young men, suspecting a possible theft in a gang area, and both Brett and Aaron took off running. Capacete claimed that he subsequently engaged in a foot pursuit, chasing Brett through a stranger’s apartment and out of the apartment complex. He alleged that his sight of Brett was momentarily lost when the plaintiff entered the alley, but that when he neared him again, Brett fell. Capacete claimed that in order to prevent escape, he dropped to his knees on the right side of the plaintiff’s back. In addition, Capacete claimed that since Brett was a minor and the bag was not found to be a purse, the plaintiff was returned home to his mother, over his objections that he did not want to go home because of problems there. Brett countered that the officers chased Aaron into the apartment and not him. He claimed that after he was apprehended, the officers returned to the subject apartment to look for weapons and found none, while he sat in the police car. Brett further claimed that although the apartment owner called 911 to complain of someone running through his apartment, the officers did not ask the owner to come to the police car to identify the suspect, nor did they search the apartment for fingerprints, because the officers knew they apprehended the wrong guy., Brett claimed he was taken by his mother to an emergency room within 30 minutes of being dropped off by the officers. He claimed a fractured posterior 8th rib and a pneumothorax, as well as injury to his lower back. Brett was subsequently hospitalized for four days and had a chest tube inserted to inflate his collapsed lung. He later saw an orthopedist to treat his back and followed up with three months of physical therapy. In January 2011, Brett underwent an MRI that demonstrated a 5-6 millimeter lumbar disc extrusion at the L5-S1 level. Brett claimed he still experiences pain and discomfort in his lower back, for which he will require future surgery. He alleged that as a result, he can no longer engage in physical activities, including skateboarding. Thus, Brett sought recovery of damages including $40,000 in past medical costs, over $50,000 in future medical costs for back surgery and treatment, and an unspecified amount for his past and future pain and suffering. Defense counsel contended that Brett hid his on the night in question, the extent of which even the plaintiff did not know at the time, because he didn’t want to go to the hospital or home, where his parents would learn of his encounter with the police. Counsel further denied that the plaintiff’s lower back disc protrusion was related to the subject incident.