On Aug. 23, 2009, plaintiff Aleksandr Binkovich, 32, a salesman, was at the Hilton Hotel at 300 South Almaden Boulevard in downtown San Jose, where he and some friends rented a room to play poker. After a noise complaint, the hotel asked them to leave, saying the group violated the hotel’s “no-party” policy. The hotel staff then called police, describing the incident as “physical,” but later called back and said it was not physical after all. After exiting the elevator into the lobby, Binkovich allegedly had his shoulder grabbed by Officer Bruce Barthelemy. When Binkovich tried to shake off Barthelemy’s hand, Barthelemy put him in a wrist lock and then kicked his legs out from under him, with the help of another officer. As a result, Binkovich fell face-forward, his nose and allegedly bruising an elbow. Following the incident, Binkovich was charged with disturbing the peace, resisting arrest and battery. However, the case against him was ultimately dismissed. Binkovich sued San Jose Police Officers Bruce Barthelemy, Louis Grondahl, Michael Panighetti, Terry Craig, Jason Bollendorf, as well as Officer Jacob and two other officers whose names were not identified. Binkovich also sued the officers’ employer, the city of San Jose. He alleged that the officers’ actions constituted excessive force and that the city negligently trained the officers. The case ultimately continued against only Barthelemy, Grondahl, Craig and the city. Binkovich, a former Russian Jew accustomed to the Soviet regime, claimed that he raised his hands and smiled at police while emerging from the elevator into the lobby, but that Barthelemy grabbed his shoulder without saying anything. He also claimed that when he tried to shake off Barthelemy’s hand and demanded that the officer not touch him, Barthelemy put him in a wrist lock and then, with the help of another officer, kicked his legs out from under him, causing him to fall down face-forward. Thus, Binkovich alleged that he had only raised his hands as he exited the elevator and that he had not done anything to justify being taken to the ground. Defense counsel contended that Binkovich, a former weightlifter, got into a shouting match with hotel security when he was confronted about the noise complaint. Counsel also contended that Barthelemy and the other officers who responded to the scene were investigating a potential crime and that Binkovich refused police orders to stand back. Accordingly, counsel contended that Binkovich was interfering with the investigation and had to be controlled. Thus, defense counsel argued that the officers were protecting themselves from Binkovich, who was drunk and belligerent., Binkovich claimed he suffered a dislocated nose and a bruised upper arm. He also claimed that during the confrontation, he lost his father’s wedding ring, which he had worn on a neck chain ever since his father’s death in 2007. After the altercation, Binkovich was taken to jail. After his release, he went to a Kaiser Permanente hospital in San Diego for treatment of his alleged .