On Feb. 12, 2009, plaintiff Thomas Valverde, a 48-year-old unemployed man, was drinking in the area of the 9700 Block of Campo Road in Spring Valley. At approximately 4 p.m., Deputy Sheriff Joshua Arend was on patrol in the area when he saw Valverde lying on the ground with two others standing over him. The other individuals told Arend that Valverde was in a fight and knocked unconscious. As a result, Arend called the paramedics. Valverde tried to refuse medical attention, but because of his head injury, he was required to be transported by gurney to a hospital. As a result, responding Deputy Sheriff Jeffrey Weber attempted to secure him and Weber used a Taser in stun mode on him. When Valverde was subdued, he was transported to the hospital. Valverde sued Arend and Weber. He alleged the defendants’ actions constituted battery and excessive force in violation of his civil rights. Valverde also sued the county of San Diego, the San Diego County Sheriff’s Department, and County Sheriff Bill Kolender, all of which were dismissed from the case prior to trial. Valverde claimed that he refused medical treatment at the scene, so Arend and Weber had no right to force him onto the gurney and send him to the emergency room. He also claimed that he was not intoxicated or acting violent at the time, and that Weber’s use of the Taser while he was already strapped to the gurney was an act of excessive force. Valverde further claimed the Taser was used four times on him. Arend claimed that Valverde was intoxicated, and became hostile when they tried to secure him to the gurney. He further claimed that according to Emergency Medical Technician protocol, anyone who suffered a head injury and is disorientated must be taken to a hospital due to the risk of fatal bleeding on the brain. Weber claimed that Valverde was cursing and kicking, requiring him to use the Taser on Valverde three times in an attempted to secure him. He further claimed that the use of a Taser in stun mode three times was reasonable and not an act of excessive force., Valverde claimed he suffered Taser burns from the Taser prongs, leaving him with scars on his lower abdomen. He also claimed emotional distress, including mental anguish and humiliation, as a result of the incident, and is now fearful of law enforcement. Thus, Valverde asked the jury for $400 in past medical costs for one doctor visit and $25,000 per Taser episode, totaling $200,000, as well as the imposition of punitive damages. Since he claimed he was laid off from work just a few weeks before the incident, he did not seek damages for lost earnings.