On Dec. 7, 2008, plaintiff Michael Clapp, 64, a former Vietnam veteran, was walking home from a local bar in Dunsmuir when he yelled “God bless America” as he passed an American flag, allegedly prompting Siskiyou County Sheriff’s Deputy Jeremiah LaRue to approach him and place him under arrest. However, Clapp claimed that after he confirmed that he had been drinking, he was forced to the ground, causing facial . On Feb. 4, 2009, there was a similar occurrence, during which Clapp was walking home from a local bar in Dunsmuir when he was accosted by two sheriff’s deputies, Randy Terry and Jason Jones. Clapp claimed that Terry grabbed one of his arms and then Jones assisted in shoving him to the ground. As a result of the alleged altercation, Clapp claimed he sustained multiple , including fractures to his jaw and broken teeth. Clapp sued the arresting officer in the December 2008 incident, LaRue; the arresting officers in the February 2009 incident, Jones and Terry; their supervisor, Sheriff Rick Riggins; and their employers, the city of Dunsmuir and the county of Siskiyou. The city of Dunsmuir was ultimately dismissed by the court, due to the city not having a police department. Reportedly, the city contracts with Siskiyou County for police services. Thus, the matter proceeded against the remaining defendants. Clapp claimed that he was previously arrested for public intoxication in April 2008, during which he was handcuffed and taken into custody without incident. However, he claimed that, thereafter, he was arrested at least two more times, during which he was forced to the ground and sustained facial . Thus, Clapp alleged that he was a victim of unreasonable force by the police on at least two occasions, and was improperly arrested at least once by the sheriff’s department. He claimed that the conduct of the police constituted a violation of his civil rights under 42 U.S.C. § 1983, and constituted excessive force in violation of the Fourth Amendment. Eyewitness testimony disputed the defendant’s contentions that Clapp resisted arrest and was combative. Clapp also claimed that he had made a tape recording of the February 2009 incident, but that it was erased when taken into evidence by the sheriffs. In addition, plaintiff’s counsel contended that, based upon Terry’s testimony that he had been trained to perform the takedown technique that allegedly caused Clapp’s , Sheriff Riggins and the county of Siskiyou had inadequately trained their deputies. The defendants alleged that Clapp resisted arrest during both the December 2008 and February 2009 incidents, prompting them to use force in order to detain him. According to the arresting officers, Clapp adopted a “bladed” fighting stance when they approached him, and that he had swung at them. The defense’s law enforcement expert testified in regard to the constitutionality of the arrest of Clapp, as well as in regard to the use of force by the police. According to the expert, the officers had probable cause to arrest Clapp and, in view of Clapp’s alleged resistance to arrest, the force used by the officers was reasonable and consistent with their training. The expert further testified that the training of the officers was consistent with the Fourth Amendment, as well as with the California Penal Code provisions on the use of force., During the December 2008 arrest, Clapp allegedly sustained two abrasions. As a result of the February 2009 altercation, Clapp reportedly sustained a fractured jaw, broken teeth, bruising to his ribs, and a fracture of his dental plate. He was treated for his , but did not undergo any surgery. Clapp sought recovery of $3,607 in damages for his medical costs, as well as an unspecified amount for his pain-and-suffering damages. He also sought recovery of punitive damages to ensure that others did not have their constitutional rights violated. Defense counsel contended that most of Clapp’s had resolved themselves. However, counsel argued that the crack to Clapp’s upper plate could not have happened in the alleged incident and would have cost less than $100 to repair. Defense counsel also argued that Clapp had no independent verification of him losing a tooth in his lower jaw. Counsel noted that Clapp only had a few teeth in his lower jaw and contended that Clapp should have the remaining teeth removed anyway, regardless of whether he had lost any in the incidents.