At around 11 a.m. on Aug. 6, 2013, plaintiff Harrison Orr, 76, a retired financial advisor and Navy veteran, was pulled over by California Highway Patrol Officer Jay Brame on the southbound Business Loop of Interstate 80, near the curve north of Marconi Avenue (commonly known as the Marconi Curve), in Sacramento. Brame claimed he had observed Orr driving slowly and/or drifting, before making an unsafe lane change. As a result, Brame suspected Orr of driving under the influence. After California Highway Patrol Officer Terry Plumb arrived at the scene, Plumb and Brame subjected Orr to a field sobriety test and arrested him for a DUI. Orr was subsequently told that he would be taken to the patrol’s north area station for further evaluation. When Orr told the officers that he did not want to be handcuffed, Plumb punched him in the stomach and the officers took Orr to the ground. Orr was eventually arrested for resisting arrest and he was booked into the Sacramento County Main Jail, but the District Attorney’s Office declined to prosecute him due to an alleged lack of evidence. However, Orr spent approximately 14 hours in custody, first at the patrol station and then in jail. Orr sued Brame; Plumb; and the officers’ employers, the California Highway Patrol and the state of California. Orr alleged that the defendants’ actions constituted false arrest, assault and battery, disability discrimination, elder abuse, and violations of his civil rights under 42 U.S.C. 1983 and California Civil Code § 52.1. Orr claimed that he told the officers that he did not drink, smoke or use street drugs. He also claimed that despite telling the officers that he previously suffered a stroke that left him unable to walk in a straight line and that affected his speech and balance, the officers still subjected him to a field sobriety test and arrested him for a DUI. Orr also claimed that when he was told he was being taken to the patrol’s north area station for further evaluation, he agreed to go, but that he did not want to be handcuffed because he needs his hands for balance due to his stroke. However, he contended that Plumb arrived and joined Brame in insisting that he be handcuffed. Orr claimed that as a result, he objected, saying he could not keep his balance without his hands free and would fall, and that he ultimately struggled with the officers to avoid the cuffs. He further claimed that Plumb then punched him in the stomach and that the officers swept his feet out from under him, knocking him to the gravel on the highway’s shoulder. Plaintiff’s counsel noted that Plumb admitted to punching Orr, but said it was a “distraction blow.” Brame and Plumb claimed that the punch and takedown were necessary because Orr resisted being placed in handcuffs., Orr claimed he suffered a deep bruising to his back, buttocks, and leg. He alleged that as a result, he required several trips to a Veterans’ Affairs hospital and that it took six to seven weeks to heal. Orr was left with no residual . Thus, Orr sought recovery of damages related to his bruising. He also sought recovery of damages for the several hours he spent in police custody as a result of the false arrest.