On Aug. 23, 2014, plaintiff Trevor Wyman, 19, an inmate at Theo Lacy Correctional Facility, in Orange, was allegedly seen with a written note from another inmate, which was not an approved message. Corrections Officer Zachary Varela claimed that he demanded that Wyman turn over the note, but that Wyman, instead, ignored him and went into his cell. Corrections Officer Anthony Montoya then joined Varela, and the pair ordered Wyman to move away from the cell door so that he could be searched. A fight ultimately ensued, during which Wyman injured his head and a part of his right ear was torn off. Wyman sued Varela and Varela’s employer, the county of Orange. Montoya was later added as a defendant. Wyman alleged that the officers violated his civil rights in using excessive force in violation of the Fourth Amendment and violated his civil rights under California’s Bates Act. He also alleged that the officers’ actions constituted battery under California state law and that the county was liable for the officers’ actions. The county of Orange was ultimately dropped as a defendant prior to trial. Wyman alleged that Varela had been threatening and harassing him for two months prior to the incident. He also alleged that when the officers entered his cell and ordered him to move away from the cell door so that he could be searched, he eventually complied, but that Varela assaulted him without provocation. The plaintiff’s expert in police practices and procedures testified that the officers’ use of force was excessive and that they should have had a sergeant with them at the time. The officers moved too quickly and escalated the situation, the expert opined. Wyman claimed that he believes Varela ripped off part of his ear, as Montoya was holding his head against the sink in the cell, but that Montoya took the blame. He also claimed that Montoya’s contention that it was an accident was self-serving and fabricated and that he was held down on the floor as Montoya kicked him in the groin. The officers claimed that Wyman was combative and resisted the entire time and that Wyman even put Varela in a choke hold as the search was to begin. Montoya then punched Wyman in the head to get him to release Varela, they claimed, and more officers eventually showed up to control Wyman, who was spitting at officers. The officers alleged that a portion of Wyman’s ear was ripped off while Varela was holding Wyman’s head to stop it from moving. They claimed that while Varela was holding Wyman, one of Montoya’s fingers went into a 1-centimeter hole in Wyman’s ear from a plug earring that he had to take out a couple of months earlier and that Montoya ripped it off by accident. The defense’s expert in police practices and procedures testified that Varela and Montoya followed protocol and that the officers used an objectively reasonable amount of force. In addition, defense counsel argued that Wyman started the fight so that he could gain credibility among the jail’s inmates., Wyman sustained superficial to his head and adjacent areas, which were limited to bruising and redness. He also sustained a severe laceration to his right ear, as a portion of it was torn off. Wyman was subsequently restrained and taken to Western Medical Center, in Santa Ana, where a plastic surgeon reattached the portion of Wyman’s right ear. Wyman claimed that his ear is now deformed. Thus, he sought recovery of damages for his past and future pain and suffering as a result of his disfigurement. Defense counsel argued that Wyman’s tattoos, of which he has many, including some that are vulgar, are more disfiguring than the ear is post-surgery.