At approximately 2 a.m. on July 26, 2008, plaintiff Allen Baker, a man in his 30s, was a patron at Molly Malone’s Bar in Ramona when deputies from the San Diego’s Sheriff’s Department arrived on the scene to perform a “bar check,” in which they surveyed the area to ensure the safety of any intoxicated patrons. During the check, Baker approached Deputy Sheriffs Jeff Guthrie and Colby Hodge, and he was ultimately arrested for public intoxication. Baker sued Guthrie and Hodge, as well as the county of San Diego, the San Diego County Sheriff’s Department, Sheriff William Kolender, Sheriff Sergeant Damon Blankenbaker, Sheriff Corporal Daniel Vengler, and Sheriff Deputy Detective Anthony Calvert. He alleged that the defendants’ actions constituted excessive force and wrongful arrest. James Playford, a friend of Baker’s, also filed an action against the defendants, but was ultimately dismissed from the case prior to trial. Defendants Kolender, Vengler and Calvert, as well as the county and the sheriff’s department, were also all let out of the action after their motion to dismiss was granted by the court. In addition, Baker failed to obtain relief from a bankruptcy stay in place with respect to defendant Hodge, while Guthrie’s and Hodge’s superior, Blankenbaker, was granted his own motion for summary judgment. Furthermore, Baker pleaded guilty to disturbing the peace at his criminal hearing. As a result, defense counsel filed a motion to dismiss the plaintiff’s false arrest cause of action, and it was granted by the court. Thus, Baker proceeded to trial on the excessive force claim against Guthrie only. Baker claimed that when he approached Hodge and Guthrie in the parking lot of Molly Malone’s, he was unprovokingly attacked by the deputies after he challenged their legal authority. He contended that the attack constituted excessive force and that Playford was able to capture the incident on video, which Baker claimed showed him being compliant and submissive to the deputies. Guthrie claimed that he was approached by Baker, who was struggling to stay on his feet and slurring his speech. He alleged that he ordered Baker to take a cab home, but that when the plaintiff refused and began to argue, he put Baker under arrest for public intoxication. Guthrie claimed that Baker then began to struggle on the ground, resisting arrest, and that Playford’s video illustrated as such. Thus, he argued that the force used was reasonable and necessary., Baker, who suffered bruises and scrapes from the incident, did not present any medical testimony. He claimed emotional distress and symptoms of anxiety, depression and a fear of police. Thus, he sought recovery of an unspecified amount of damages for his pain and suffering. Defense counsel argued that Baker did not suffer any emotional distress, or any other psychological symptoms, as a result of the incident.