On Dec. 10, 2010, plaintiff Larry Graham was riding his bicycle along Locust Avenue in Long Beach when he was approached by Long Beach Police Officer David Weise about riding a bicycle without a bell or horn. Weise ultimately struck Graham at least once with a baton and then arrested him. Graham was charged for resisting arrest and obstructing a police officer, for which he pleaded no contest. Graham claimed his right elbow was injured during the altercation with Weise. Graham sued Weise; Weise’s partner who was present during the arrest, Officer R. Rios; the officers’ supervisor, Long Beach Police Chief Jim McDonnell; and their employer, the city of Long Beach. Graham alleged that the actions of Weise and Rios constituted battery, and that McDonnell and the city were vicariously liable for the officers’ actions. Prior to trial, Rios and McDonnell were dismissed from the case. Thus, the matter continued against Weise and the city only. Graham contended that as he was approached by Weise, he continued to pedal his bicycle when his chain popped off, causing him to fall to the ground. He claimed that as he was about to get up with his chest facing the ground, Weise struck him at least once with a baton on his right elbow. Thus, Graham claimed the attack was totally unprovoked. The owner of the house near the incident testified as an eyewitness, alleging that Graham was face down when he was struck. In addition, plaintiff’s counsel contended that it was impossible for Weise to strike Graham in the elbow as he did, unless Graham was chest down on the ground. Weise contended that he had an obligation to stop Graham, since Graham was an ex-felon and subject to search at any time. However, he claimed that when he approached Graham, the plaintiff took a fighting stance and reached into his waistband. Thus, Weise claimed that Graham’s actions prompted the reasonable force he used with his baton., Graham claimed he sustained deep tissue trauma to his right, dominant elbow, similar to tennis elbow. He subsequently underwent some diagnostic testing and treated with a few months of physical therapy. Graham claimed he still experiences some issues with his right elbow, including pain, swelling and reduced range of motion. He also claimed he suffers from emotional distress as a result of the incident, causing him to fear police officers. Thus, Graham claimed $11,000 in past medical costs and sought additional damages for his pain and suffering. Defense counsel argued that Graham did not sustain a serious injury to his elbow, as all his X-rays were negative. In addition, counsel argued that Graham only began treatment after he was appointed a physician by his attorney.