On May 9, 2010, plaintiff Asadoor Mirzaeyan, 69, a retiree, was a patron at a coffee shop at the Glendale Galleria in Glendale when he became involved in a confrontation with Glendale Police Officers Aaron Zeigler and Francisco Martinez, both in plain clothes. A physical altercation then ensued outside of the coffee shop, while the officers attempted to handcuff Mirzaeyan. He was ultimately arrested for public intoxication, interfering with a police officer and battery on a police officer. Mirzaeyan claimed his right arm was injured during the incident. Mirzaeyan sued Zeigler, Martinez and the City of Glendale Police Department. He alleged the officers violated his constitutional rights by subjecting him to excessive force. The police department was dismissed prior to a bifurcated trial. Mirzaeyan claimed the confrontation was caused by a lack of communication with the officers, since he did not speak English. He claimed that Zeigler and Martinez never identified themselves as officers when they ordered him to leave the coffee shop, and never advised him that he was being placed under arrest. He further claimed that Zeigler and Martinez, thereafter, tried to cover up their wrongful use of force by conditioning the resolution of the criminal case and destroying surveillance camera footage of the incident. Mirzaeyan alleged that most of the incident was captured on the coffee shop’s surveillance camera, except for the actual handcuffing that occurred outside of the coffee shop and outside the range of the surveillance camera. Zeigler and Martinez claimed that while conducting surveillance inside the coffee shop, they were approached by Mirzaeyan, who was intoxicated. They claimed that they subsequently informed the plaintiff to leave the location or he would be arrested for public intoxication, but that despite being given several opportunities, Mirzaeyan refused to leave the location. The officers claimed that Mirzaeyan then became more agitated and excited, and even pushed away a friend who tried to escort him outside. Zeigler and Martinez claimed that they then stood up and displayed their badges, which made Mirzaeyan more aggressive, and caused him to make contact with one of them. They claimed that as a result, they put Mirzaeyan under arrest and took him outside of the coffee shop. The officers alleged that they only intended to handcuff Mirzaeyan, but that his physical resistance and struggle brought about his own . Defense counsel contended that although the surveillance footage does not capture the handcuffing, eyewitnesses from the mall confirmed that Mirzaeyan was heavily intoxicated and physically resisted the officers., This case was bifurcated; thus, damages were not before the court. Mirzaeyan sustained a humeral spiral fracture of his right, dominant arm and was taken to an emergency room, where his arm was placed in a brace. He ultimately underwent open reduction and internal fixation surgery with the insertion of a plate and screws 18 months after the accident. Mirzaeyan claimed that the injury would cause his arm to deteriorate to the point where it would no longer be useful. Thus, he claimed under $19,000 in past medical costs further sought recovery of unspecified damages for his past and future pain and suffering. Defense counsel claimed that when Zeigler took a hold of Mirzaeyan’s left arm while attempting to handcuff him, the plaintiff immediately started to resist by turning and tensing up. Zeigler claimed that in order to overcome Mirzaeyan’s resistance, he applied a departmentally approved rear wrist lock to the plaintiff’s left wrist and that Martinez attempted to bring back the plaintiff’s right arm in order to handcuff him, but that the struggle continued. Martinez claimed as the struggle ensued, he heard a popping sound in Mirzaeyan’s right upper arm, but that the plaintiff continued to resist when he was successfully handcuffed. Defense counsel contended that as such, Mirzaeyan caused his own injury and damages by resisting the officers’ attempts to handcuff him. Counsel also contended that Mirzaeyan had pre-existing to his right arm, including severe degenerative changes, deformity and trauma to his right shoulder, as well as generalized osteoarthritis.