On Jan. 13, 2018, plaintiff Danny Eatherton, 70, a retiree, was at his home in Nuevo when he went outside to inspect noises he heard while he was sleeping. In front of his property, he saw a truck, eight or nine people whom he assumed to be police officers, eight police cars, and a helicopter overhead. Eatherton also saw a man lying on the ground, not moving, and assumed that the officers were capturing him. The officers were approximately 100 to 200 feet away from Eatherton, struggling with the man on the ground. At some point, Eatherton was ordered to go back into his home, but did not comply. A physical altercation then ensued between Eatherton and the officers who were on the scene. Eatherton was ultimately arrested for a violation of California Penal Code § 148(a)(1), for delaying or obstructing an officer. He was placed in a patrol car and suffered a heart attack. He was then rushed to a hospital, where he was released from custody. Eatherton was never charged. Eatherton sued the county of Riverside, Sergeant Kamal Kabbara, Deputy Joshua Carrasco and Deputy Jolene Zavorka. Eatherton alleged that the defendants’ actions constituted assault and battery, excessive force, and wrongful arrest, in violation of his civil and constitutional rights. Eatherton claimed that he observed the officers kicking the man and that Kabbara was ordered him to go back inside his home. When he did not comply, he said that Kabbara told him to come over to the deputies, but he stayed in place. At that point, Kabbara, Carrasco and Zavorka went to Eatherton to detain him. Eatherton claimed that he had his hands in the air and then clasped them on top of his head, but that the three deputies ran at him, pointing guns and flashlights (or lights on the guns) at him, causing him to be largely blinded by the lights.  According to Eatherton, Kabbara punched him in the face while he was standing, knocking him onto the ground. He alleged that he was then beaten some more even though he did not resist being handcuffed. Eatherton testified that he was taken down instantly after the initial contact and that while he was on the ground getting beaten, he never struck or used any force against the officers, nor did he physically resist them in any way. Eatherton further claimed that he was beaten by more than one deputy while he was on the ground. Kabbara alleged that he attempted to take Eatherton to the ground with a leg sweeping technique, but that Eatherton was able to regain his footing. He claimed that as a result, he punched Eatherton once on the left side of his face and that Eatherton was then taken to the ground and detained after a short struggle to handcuff him. Defense counsel contended that Zavorka and Carrasco did not use any physical force on Eatherton, other than to assist in handcuffing him., Eatherton was treated at the scene by medical personnel from American Medical Response. He was then taken by ambulance to Inland Valley Medical Center, Wildomar. Eatherton was diagnosed as having suffered a heart attack. He was also found to have sustained some contusions to his head, chest and other parts of his body. In addition, Eatherton claimed he suffered a tear of a shoulder’s rotator cuff. Eatherton sought recovery for his past medical costs, and for past and future pain and suffering.