On Feb. 9, 2009, at approximately 3:30 a.m., plaintiff John Montgomery, 28, a tattoo artist, was arrested by four Los Angeles Police Department officers in his apartment on Whitley Avenue in Hollywood. Police arrived at the apartment in response to a domestic violence call made by Montgomery’s ex-girlfriend, who was in a nearby apartment. As a result, Montgomery was forcefully detained, suffering a broken nose and bodily contusions. He was charged with domestic violence, battery, resisting arrest and assaulting a police officer. The misdemeanor charges were later dropped and Montgomery pleaded guilty to vandalism of a cell phone. Montgomery sued the four arresting police officers, Alejandro Fernandez, Cody Lewis, John Hart and Richard Acosta; and their employers, the city of Los Angeles and the Los Angeles Police Department. He alleged that the defendants’ actions constituted excessive force, violation of the Bane Civil Rights Act (battery), intentional infliction of emotional distress and unlawful entry. Prior to trial, Montgomery dropped his claims for intentional infliction of emotional distress and unlawful entry, and the matter proceeded on his remaining claims. Montgomery claimed that the responding officers forced their way into his apartment, immediately began attacking him with batons and fists, and held him at gun point. He claimed that the police officers’ actions qualified as excessive force since he did not provoke any of their violent responses. Officers Hart and Lewis claimed that when they arrived at the plaintiff’s front door, Montgomery was aggressive and pulled Hart into his apartment. The officers also claimed that Montgomery was noncompliant and continued fighting with them, causing them to call for backup and need to use their batons to subdue him. The defendants claimed that the force used was reasonable due to Montgomery’s noncompliant and aggressive behavior., Montgomery was taken to the emergency room at USC Medical Center in Los Angeles, where his nasal fracture was treated. He remained in custody in hospital ward for three days and was then released on bail. Montgomery did not undergo any follow-up treatment. Montgomery claimed that while his physical healed, he suffers from severe emotional distress as a result of the incident, causing him to be nervous and fearful around police. Thus, he sought recovery of $500,000 in damages for his pain and suffering, as well as $1,000 in damages for his past medical costs. Defense counsel did not dispute Montgomery’s , but argued that they were caused by the officers’ reasonable force. Thus, counsel argued that Montgomery was owed zero damages.