On May 14, 2010, at 8:30 a.m., plaintiff Michael Towns, an unemployed 23 year old, was transferring to a subway at Union Station in Los Angeles, on his way to a job interview. He claimed that when he approached deputies from the Los Angeles County Sheriff’s Department to check patrons’ fares, he displayed his valid pass to Deputy Luis Rojas, who then took the pass and held it. Towns claimed that he told Rojas he was on his way to a job interview, but that Rojas detained him for possible fare evasion. An altercation then began and Towns was taken to the ground, pepper sprayed and handcuffed by Rojas and two other deputies. The entire incident was video recorded on surveillance, and Towns was arrested for resisting arrest, and delaying or obstructing a peace officer. However, the city attorney declined to prosecute the charges against Towns. Towns sued Rojas; the other deputies at the scene, Deputy Ngan Vo and Deputy Anthony Sims; the deputies’ supervisors, Sheriff Leroy Baca and Sergeant Dan Gardner; and their employers, the county of Los Angeles and the Los Angeles County Sheriff’s Department. Towns alleged that the defendants’ actions constituted illegal search and seizure, false arrest, retaliation, assault, battery and negligence. Towns voluntarily dismissed his causes of action for negligence, battery and assault. He also dismissed his claims against Vo and Sims shortly before trial. Thus, the matter proceeded to trial against Rojas, Baca, Gardner, the county and the sheriff’s department. Towns claimed that Rojas illegally searched and seized him, and ultimately falsely arrested him, all in retaliation for exercising his free speech rights. He also claimed that he had a valid all-day subway pass, which was not disputed, and that when he attempted to retrieve his pass from Rojas’ hand, he was wrestled to the ground by Rojas, along with Sims and Vo, and then pepper sprayed and handcuffed. Towns further claimed that Sergeant Gardner, who responded to the scene, falsified the report to cover for Rojas and the other deputies on the scene, and aided and abetted in the various conduct of the deputies. In addition, Towns claimed that the use-of-force paperwork completed by sheriff’s personnel after the incident contained several inconsistencies and that an MTA video of the incident (not obtained by Sergeant Gardner) showed Rojas forcefully handcuffing him after only 20 seconds of initial contact. Rojas disputed Towns’ claims, alleging that Towns was rude and uncooperative when asked to produce his fare. He also claimed that he believed he was justified in handcuffing Towns after the plaintiff reached for his day pass and before the deputies continued their fare evasion investigation. Rojas alleged that Towns then violently resisted the handcuffing and that the force used was required to overcome Towns’ resistance. Gardner claimed he properly handled the investigation of the incident, and the court granted his motion for nonsuit at the end of the defendants’ case because there was no evidence presented to show he had individual liability., Towns claimed he suffered humiliation, stress, anxiety and emotional distress as a result of the incident. He alleged that as a result, he suffered a loss of enjoyment of life. Thus, Towns sought recovery of $450,000 in general damages and an unspecified amount in punitive damages. Defense counsel argued that Towns caused the incident through his own belligerence and suffered no damages of any kind.