In October 2015, plaintiff Elaine Brown, 72, an adviser on prisoner rehabilitation for Alameda County Supervisor Keith Carson, was at Everett and Jones, a barbeque restaurant in Oakland, celebrating the successful submission of a grant application to the city of Oakland for funding for a housing project, in which affordable housing would be created for formerly incarcerated people near the urban farm she operated in West Oakland. While at the restaurant, Oakland Councilwoman Desley Brooks, who was formerly employed by Carson as an immigration lawyer, commented about the alleged limitations of the grant fund as a whole, in that it allegedly failed to address the immediate housing shortage since it was based on new construction. As a result, Brown became angry and left the restaurant, but was then convinced to return to the celebration. However, when she returned, Brown and Brooks got into an argument. When Brown walked to another part of the restaurant, Brooks allegedly followed, and the argument continued. Ultimately, Brooks shoved Brown in the chest with both fists, sending Brown over a stationary chair. As a result, Brown struck the floor with the back of her head and shoulders. Brown filed a police report three weeks after the incident, and the district attorney’s office looked into it in 2016 before deciding to not file criminal charges against Brooks. Brown sued Brooks and Brooks’ employer, the city of Oakland. Brown alleged that Brooks’ actions constituted assault and battery and that the city was vicariously liable for Brooks’ actions while acting in her capacity as a city councilwoman. Brown claimed that she initially became angry when Brooks told her that the project was “of no benefit to black people” and threatened to have the grant application rescinded. Brown claimed that once she returned to the restaurant, Brooks started arguing with her. She alleged that as a result, the restaurant owner came out and asked her to come to the back, away from the restaurant, but that Brooks followed her. Brown further claimed that after more arguing, Brooks told her “I have not moved on you before because you’re old,” shouted a profanity, and then pushed her in the chest with both fists, causing the fall. Defense counsel denied that the Brooks or the city were liable for the incident. Brooks claimed that she merely repeated a comment about the limitations of the grant fund as a whole, one that she had made publicly in the past, and that the comment was not directed at Brown’s application specifically. She claimed that as a result, Brown became angry and began yelling obscenities at her. Brooks claimed that she initially did not respond in kind, but that when Brown returned to the restaurant, Brown began to yell obscenities at her again and calling her names. She further claimed that when the restaurant owner came out, he invited the entire group to the back of the building, not just Brown, and that was why she went back there. In addition, Brooks admitted that she pushed Brown, but claimed that she in acted in lawful self-defense after Brown poked her several times in the stomach and chest area. Thus, she claimed that Brown was the instigator and that at the time of the confrontation, she was in fear of Brown, who was a former Black Panther leader., On the day after the incident, Brown sought medical treatment at an urgent care facility, where she reported bruises to various parts of her body, a bump on her head, and a sore shoulder. An X-ray revealed no broken bones and severe arthritis. A physical exam revealed that she could lift her arm above her head, although with some pain. Three weeks later, Brown returned to a hospital with complaints of severe pain in her right shoulder. Thereafter, she continued to seek medical treatment for her right shoulder pain. An MRI ultimately revealed a chronic rotator cuff tear to the supraspinatus and infraspinatus muscles in her right, dominant shoulder. She eventually underwent surgery to repair the rotator cuff tears. During the procedure, Brown underwent a clavicular excision, a bursectomy, and an acromioplasty to address possible pain generators. Although the surgery was successful, Brown claimed that she continues to suffer from shoulder pain and she would continue to suffer from lifelong pain. She also claimed that she was disfigured by the surgery and that she was humiliated by the incident. In addition to the physical pain, she alleged that she suffered reputational damage associated with being “beat up” by a black politician, which was the type of person for whom she had spent her life trying to create opportunities. Plaintiff’s counsel noted that, in June 2017, the city council unanimously voted to allow the city to sell a plot of land in West Oakland to a nonprofit headed by Brown for the housing project. Brooks criticized the proposal, but abstained from the vote. Brown sought recovery of damages for her past and future pain and suffering. She also sought recovery of punitive damages against Brooks due to Brooks’ alleged conduct. Defense counsel contended that an independent medical evaluation showed that Brown still suffered pain, but that it only was between one and four on a scale of 10. Thus, the independent medical examiner, an orthopedic surgeon, opined that Brown’s pain would likely continue to improve with exercise and that there was no need for future medical treatment.