On Oct. 28, 2007, plaintiff Robert Morris, an unemployed 39 year old, was arrested for driving under the influence and was transported by city of Fresno Officer Christopher Long to the Fresno Police Department’s traffic office, located near Shaw Avenue and 6th Street in Fresno, for a blood draw. Morris claimed that he was subjected to excessive force by Long during the blood draw. Morris sued Long for excessive force in violation of his Fourth Amendment civil rights. He also initially sued the city; the Fresno Police Department; the mayor of the city, Ashley Swearington; the ex-mayor of the city, Alan Autry; Jeromey DeMoss; Detective Branden Rhames; Lieutenant Martinez; and the chief of the Fresno Police Department, Jerry Dyer. In addition, Morris’ wife was initially a plaintiff, but was later removed from the case. At the time of trial, the only parties remaining were plaintiff Robert Morris and defendant Christopher Long. Morris claimed that he was compliant during the blood draw and that Long’s control hold was unnecessary and excessive. Long claimed that on the way to the traffic office, Morris urinated in the back seat of the patrol car. He claimed that despite this action, he still removed Morris’ handcuffs after they entered the traffic office and sat him down in a chair to have his blood drawn. However, he alleged that as the phlebotomist was preparing to draw blood, Morris became angry and argumentative. Long claimed that as a result, he told Morris to calm down so that the phlebotomist could draw his blood, but that Morris responded by saying, in an aggressive fashion, “What are you going to do?” Long contended that based on based on Morris’ comment and demeanor, he believed Morris might resist and placed him in a straight arm bar control hold to keep him still until the blood could be drawn. He also contended that due to Morris’ behavior, another officer stood by until the blood draw was completed., Morris claimed to his left shoulder, requiring surgery. Defense counsel contended that Morris did not complain of any injury either at the time of the incident or when he was booked into Fresno County Jail. Counsel also contended that any injury to the plaintiff’s left shoulder was degenerative and otherwise not caused by Long.