On Nov. 11, 2008, at approximately 1:15 p.m., plaintiff John York, 50, began to be pursued by a San Bernardino Sheriff cruiser while driving on the Mojave Freeway in Victorville. A chase ensued and the sheriff in the pursuit, Deputy Kevin Warner, claimed he saw York, who was suspected in an ongoing drug investigation, throwing small bags out of his car as he drove. York eventually stopped his vehicle at an off-ramp, was physically detained by the pursuing officers, and arrested. The bags the officers claimed York was throwing out of his vehicle were eventually recovered and determined to contain methamphetamine. York was ultimately convicted for drug dealing and sentenced to 18 years in prison. However, he denied throwing the subject bags out of his vehicle and claimed the officers used excessive force when arresting him. While serving his prison sentence, York sued the San Bernardino County Sheriff’s Department, as well as six of the department’s deputies and one detective who were either involved in his drug investigation or arrest. York later dismissed his claims against all the defendants, with the exception of Deputy Warner, Deputy Floyd Stone, and Deputy M. Reardon. He alleged that the actions of Warner, Stone and Reardon constituted excessive force in violation of his civil rights. York claimed that he voluntarily pulled his vehicle over on the off-ramp after being pursued by the sheriff’s vehicle. He alleged that as soon as he got out of his vehicle, Warner, Stone and Reardon rushed him, knocking him to the ground, and began kicking him in the face. York claimed the attack was unprovoked and constituted excessive force. Defense counsel contended that along with being a suspect in a drug investigation, York was speeding on Mojave Freeway, which led to the pursuit. Warner, Stone and Reardon claimed that the chase lasted a couple of minutes before York pulled over on the off-ramp. The also claimed that when they approached York to handcuff him, he pulled away from them and even attempted to grab Warner’s gun out his holster. Thus, defense counsel contended that the act provoked a reasonable use of force to detain the suspect., York was taken to a hospital after his arrest, and later released and cleared for booking on the same evening. He claimed that as a result of being kicked in the head, he sustained cognitive , which included residual memory loss and vision impairment. York asked to have his sentence reduced in exchange for dismissed of the case, or $1 million in general damages. Defense counsel contended that York did not sustain any serious head injury from any alleged excessive force. Thus, counsel contended that York was owed zero damages.