On Aug. 4, 2010, plaintiff Benjamin Ortiz, 35, was at his wife’s home when a disagreement occurred and police were called. Officers McCauley and Joe Kavanaugh of the San Francisco Police Department subsequently responded to the scene. Ortiz claimed he was handcuffed by the officers and then dragged down the stairs, his leg. Ortiz sued Kavanaugh; McCauley; and their employers the San Francisco Police Department and the city and county of San Francisco. He alleged that the defendants actions constituted violations of his civil rights under 42 USC 1983. Ortiz claimed that when he told the officers that he could not walk down the stairs, they became angry and dragged him down the stairs. He claimed that even though he cried out in pain while he was being dragged, the officers ignored him. Plaintiff’s counsel argued that the defendants’ were uncalled for since Ortiz was previously frisked for weapons, presented no threat and was compliant. Defense counsel argued that the Ortiz was extremely intoxicated at the time of the incident. Counsel contended that the initial 911 call reported that someone was drunk and attempting to break into the wife’s house, but that dispatch upgraded the call while officers were responding to the scene because the intoxicated person had gotten into the home. Kavanaugh and McCauley claimed that Ortiz was handcuffed for their safety and noted that the plaintiff was not charged with a crime. They also claimed that Ortiz was taken down the stairs in order for them to more fully investigate the situation., Ortiz was taken from the scene via ambulance. He claimed he suffered a comminuted fracture of his knee and lower leg. He subsequently underwent two surgeries on the leg. A post-operative diagnosis stated that Ortiz had an “open bicondylar tibial fracture of the knee and lower leg.” Ortiz ultimately required a second surgery to remove bone fragments. Defense counsel contended that Ortiz told Kavanaugh he had hurt his leg earlier in the day playing soccer. Counsel also contended that Ortiz told various different stories to different medical providers about how he broke his leg.