On July 2, 2009, plaintiff Dennis Sanfilippo, 60, a restaurant owner, was in the process of working at his restaurant lounge in Copperopolis when Calaveras County Sheriff’s Deputy Grey Foster came into the premises. Sanfilippo asserted he had committed no crime, but claimed he was beaten and arrested without probable cause by Foster. Sanfilippo sued Foster for violation of his civil rights and for excessive force and unlawful arrest. He also sued Foster’s employer, the county of Calaveras, for vicarious liability caused by the hiring, retention, lack of supervision and lack of discipline policies of the Calaveras County Sheriff’s Department. Sanfilippo claimed he had been having an on-going disagreement with an agent of the landlord, who was disputing which area of the premises could be used for Sanfilippo’s restaurant. He claimed that as a result, he contacted the Sheriff’s Department earlier that same day, but it indicated that it was a civil matter. Sanfilippo claimed that when Foster became involved in the dispute, he was told to call his office because the matter had already been reported and the parties were told it was a civil matter. However, he alleged that Foster chose not to call his office and Foster told him to “shut up” when he attempted to explain that it was a landlord/tenant situation. Sanfilippo claimed that Foster then advised him that if he didn’t remove his property from the disputed area, he would be placed under arrest. Sanfilippo alleged that in response, he put his hands behind his back and told Foster that he might as well arrest him because he would not remove the property, as it is an ongoing dispute that the Sheriff’s Department had already indicated was a civil matter. Foster then handcuffed Sanfilippo and put him up against the wall. Sanfilippo claimed that Foster later returned to where he was handcuffed, grabbed him, and swung him into a wall, causing him to fall hard onto the floor. Sanfilippo further claimed that, while he was being treated at Mark Twain St. Joseph’s Hospital, he overheard a conversation between Foster and one of his superiors, who was telling Foster that he should have called the Sheriff’s Department since the matter had already been determined to be a civil matter. The defendants denied Sanfilippo’s allegations. Defense counsel argued that there was no evidence of the Sheriff’s Department agreeing earlier in the day that it was a civil matter, because even though Sanfilippo confirmed the call was made, he could not reproduce the exact conversation and with whom he had it. Counsel also argued that the alleged use of force was consented to, justified under the circumstances or entitled to qualified immunity. Foster claimed that he was responding to a call from the agent of Sanfilippo’s landlord regarding an incident of “defrauding an innkeeper” at Lake Tulloch Resort on the date of the incident. He alleged that the agent reported that a business partner of Sanfilippo’s was occupying a hotel room that he had no right to occupy and that the agent wanted the business partner to vacate the hotel room because she had another tenant who was arriving that day. Foster further alleged that the agent reported that the business partner had been staying in that room for two months without paying any rent and that she had attempted several times, unsuccessfully, to remove the business partner from that room. Foster claimed that as a result, he interviewed the business partner, who confirmed that he had not paid any rent, and that the business partner was cooperating with him in vacating the room until Sanfilippo interfered with the performance of his duties and challenged him in a very belligerent and physically threatening manner. Foster claimed that he subsequently warned Sanfilippo not to interfere, but that he continued to get involved by stomping his feet, yelling and waving his hands in an angry manner. Foster alleged that Sanfilippo then dared him to arrest him and continued to interfere with his performance of his duty. Foster alleged that as a result, he placed handcuffs on Sanfilippo to detain him until the call or service was complete because of the plaintiff’s continued interference, and aggressive and confrontational behavior. He further alleged that after the plaintiff was placed in handcuffs, Sanfilippo continued to resist and refused to comply with his lawful directives. Thus, Foster claimed he arrested Sanfilippo for violation of Penal Code Section § 148(a)(1) — resisting or delaying a peace officer. However, no formal charges were ever filed against Sanfilippo. Foster claimed he employed only reasonable force to affect the detention and arrest of Sanfilippo, and personally believed there was legal cause and justification for all actions he took regarding Sanfilippo. Plaintiff’s counsel noted that the court refused to give instructions on California Hotel Law, which made it clear that a notice would have been required to evict the business partner. Counsel also noted that the business partner was allegedly informed that if he did not leave, he would be arrested., As a result of his alleged treatment, Sanfilippo suffered multiple fractures of his ribs. He was transported to Mark Twain St. Joseph’s Hospital in San Andreas and then to the Sheriff’s Office, where he was booked. Sanfilippo sought recovery of damages for his pain and suffering as a result of his rib fractures. He also initially sought recovery of damages for assault and battery under California Law, but did not seek special damages and testified that it took six months for him to be symptom free.