On July 30, 2009, at approximately 10:30 p.m., plaintiff Ruth Dunn-Prago, a retired 65 year old, was inside her residence when members of the San Diego Police Department Street Gang Unit and Gang Suppression Team entered her residence during a surveillance and sweep they were conducting through various areas of the city known for gang activity. She claimed the officers unlawfully entered her residence, used excessive force and falsely arrested her when she questioned them during the surveillance and sweep. She claimed the officers seized her by placing her under false arrest, and committed assault and battery on her during the arrest. Dunn-Prago brought suit against San Diego Police Officers Adam Sharki, Mark Bennett, Taerance Oh, and Phillip Franchina; and their employer, the city of San Diego. She alleged that the defendants’ actions constituted unlawful entry, unlawful seizure and excessive use of force pursuant to 42 U.S.C. § 1983 and California Civil Code § 52.1; and for assault and battery by a peace officer, false arrest and negligence. The claim for unlawful entry and the Monell claim against the city were dismissed on summary judgment. Dunn-Prago claimed that she was using the restroom in her house when she saw police officers outside the bathroom door. She claimed that she asked what was going on and heard someone say “We found what we was looking for.” She alleged that as a result, she responded that if they found drugs in her house, the officers had planted them. Dunn-Prago claimed she then heard someone say “cuff her,” and was struck in the face, thrown to the floor and woke up in the back of a police car. She could not recall who hit her or what they looked like. Defense counsel contended that the officers were acting in the course and scope of their duty, and that they used only reasonable force to arrest Dunn-Prago. The officers also denied assaulting or battering Dunn-Prago and claimed that her arrest was warranted. Defense counsel contended that SDPD police officers Bennett, Sharki, Oh and Franchina were participating in the operation for sweeps and surveillance on the subject date. One of the areas where the sweeps were being conducted included the street on which Dunn-Prago resides. The officers claimed that they were aware that Dunn-Prago’s residence and the adjacent cul-de-sac area were known hangouts for gang members, and that the areas had a history of narcotic- and gang-related activities. The officers also claimed that they knew that earlier in the week a firearm had been recovered from a vehicle in the area. Defense counsel contended that on the night of the incident, Sergeant Bennett was working a plainclothes surveillance position in an unmarked car monitoring gang activity in the cul-de-sac when he observed an individual he later learned to be Lamont Kyle conduct what he believed to be a hand-to-hand drug transaction. Counsel contended that based on the possibility of individuals with weapons in the cul-de-sac, as well as the fact that the individuals may attempt to flee police, Bennett advised the officers to conduct a “Trojan Horse” operation, whereby uniformed officers in an unmarked police van drove down the street to contact the group of individuals in the cul-de-sac while marked patrol cars followed approximately 10 seconds behind the van. Uniformed Officer Oh and plainclothes Detective Franchina were in the unmarked police van with several other officers, while Uniformed Officer Sharki was driving a marked patrol car two cars behind the unmarked van. As the van reached the cul-de-sac, the officers exited the vehicle and attempted to contact the individuals in the cul-de-sac. Oh and Franchina claimed that they observed Kyle walking quickly or running toward an open garage of Dunn-Prago’s residence and shouted at him to “stop” while they chased after him. They claimed that they then observed Kyle walk near a full size couch in the middle of the garage and reach into the front part of his pants or his waistband area. Oh claimed that he could not see Kyle’s hands and thought he might be reaching for a weapon. Oh and Franchina claimed that Kyle then headed toward a door leading into the house, opened the door and entered the residence, so they followed him. Oh claimed that he then attempted to tackle Kyle in a bear hug, but that Kyle resisted and dragged him into the house. Oh and Franchina claimed that at this point, as they were struggling with Kyle inside the house and attempting to take him into custody, they observed Dunn-Prago approach them. Oh claimed he heard Dunn-Prago yelling and felt her hit his upper back area several times. He alleged that as a result, he had to divert his attention away from the apprehension of Kyle to deal with Dunn-Prago, and subsequently placed his right hand on Dunn-Prago’s upper chest area and gently pushed her back. Oh claimed that he then returned his attention to apprehending Kyle, who was able to get up and move closer to the door leading to the garage while he was busy dealing with Dunn-Prago. Oh claimed that he then heard Dunn-Prago yelling and approaching the officers, so he ordered her back, but she did not comply. Oh contended that as a result, he extended his arm in front of Dunn-Prago to keep her back from the officers who were struggling with Kyle. Franchina claimed that he also observed Dunn-Prago approach the officers as they were struggling with Kyle and observed Dunn-Prago strike Oh with her hands. He claimed that as a result, he took Dunn-Prago’s wrist and pulled her away from the officers. Sharki claimed that at this time, he entered the residence and began to assist the officers with taking Kyle into custody. Bennett claimed that he entered the residence as the officers were attempting to take Kyle into custody, and observed Dunn-Prago walking around the officers as they were struggling with Kyle and heard her yelling something like, “Who is that? Who is under arrest?” Bennett claimed that he then told Dunn-Prago to back away, but that she appeared to ignore him and remained near the officers while touching their backs. He claimed that he then identified himself as a police officer to Dunn-Prago, showed her his badge and stood in between the officers and Dunn-Prago. Defense counsel noted that another detective also entered the residence and observed Dunn-Prago near the officers, yelling and flailing her arms. Counsel contended that the officer also positioned himself between Dunn-Prago and where the officers were struggling with Kyle to prevent her from interfering. Bennett claimed that when heard another female approaching the officers, he had to divert his attention to deal with the other female and that when he turned back around, he saw Dunn-Prago again interfering with the officers trying to arrest Kyle. Bennett claimed that he again ordered Dunn-Prago to back away, but that she appeared to ignore him. He alleged that as a result, he approached Dunn-Prago, but she backed up into a nearby bathroom, pulled up her dress and sat down on the toilet. The officers claimed that after they were able to take Kyle into custody, Oh told Sharki that Dunn-Prago hit him in the back several times as he was struggling with Kyle. Sharki claimed that he then went to contact Dunn-Prago and informed Bennett that he intended to arrest Dunn-Prago for battering Oh. Sharki alleged that at that time, he heard Dunn-Prago yell something and then saw her sit down on the toilet as if to use it. Bennett claimed that as a result, he indicated to Sharki to wait until Dunn-Prago was finished using the toilet and that when Dunn-Prago was done, Sharki told her she was under arrest and asked her to turn around. Sharki claimed he heard Dunn-Prago mumble something as she attempted to push past him, so he again told her she was under arrest. He alleged that when Dunn-Prago asked why, he informed her it was for battering a police officer, but that Dunn-Prago denied it and again attempted to push past him. Sharki claimed that he then placed Dunn-Prago’s arm behind her back, applied handcuffs, walked her outside to a police vehicle and placed her in the back of the car. However, the officers claimed that they then decided that, given Dunn-Prago’s age and medical condition, to issue Dunn-Prago a citation for violating California Penal Code §§ 148(a)(1) for obstructing, resisting or interfering with an officer, and 243(b) for battery on a police officer. The officers claimed that Dunn-Prago initially refused to sign the citation, but ultimately signed it and walked off before Sharki could give her a copy., Dunn-Prago claimed she suffered a black eye, cracked ribs, a bruised calf and post-traumatic stress disorder. She was seen in the emergency room the day after the subject incident, but was also treated as a result of a fall and syncopal episode earlier that day, following an altercation with family members. However, Dunn-Prago denied any recent injuries to the paramedics who transported her to the emergency room. A week later, she underwent chest X-rays, which showed a rib fracture of indeterminate age, but no recent fractures. Dunn-Prago also saw a psychologist for 11 visits over a five-month period. Dunn-Prago claimed she continued to have rib pain and is now afraid to leave her house at night. She also claimed she had difficulty sleeping after this incident. Defense counsel contended that Dunn-Prago was diagnosed with anxiety for which she was taking anti-anxiety medication at least two years before the incident. Counsel also contended that Dunn-Prago consumed 24 ounces of malt liquor beer on a nightly basis to help her sleep prior to this incident.