On Dec. 19, 2006, plaintiff Jeffrey Gorman, an unemployed man in his 40s, was stopped as a result of making an illegal left-hand turn from Everts Street to Grand Avenue in San Diego. He was subsequently arrested for driving under the influence. Gorman claimed he sustained rotator cuff tear as a result of the excessive force used by Officers James Zirpolo, D. Spitzer, G. Macphee and Sergeant B. Dare during the arrest. Gorman sued Zirpolo, Spitzer, Macphee, Dare, as well as their employers, the city of San Diego and the San Diego Police Department; their supervisor, Chief of Police William Lansdowne; and City Attorney Michael Aguirre. He alleged that the defendants’ actions constituted excessive force in violation of the Fourth Amendment rights. Gorman claimed that excessive force was used by the defendants when he was placed into the police vehicle and transported to the police station, when the defendants conducted a forced blood draw for purpose of his DUI arrest, and when he was taken out of the patrol car at the jail. Gorman also claimed that the policies, customs, and habits of the city and its police department were a cause of these violations. Zirpolo, Spitzer, Macphee and Dare claimed that they only used whatever force was necessary to overcome Gorman’s noncompliance. They also denied that the policies, customs, and habits of the city and its police department caused any violations of the plaintiff’s Fourth Amendment right to be free from unreasonable searches and seizures. The city, the police department, Lansdowne and Aguirre were ultimately terminated from the case. Thus, the matter continued against the Zirpolo, Spitzer, Macphee and Dare only., Gorman claimed he sustained a rotator cuff tear to his right, dominant shoulder from the subject incidents. According to defense counsel, Gorman underwent a shoulder repair surgery three years post-accident. Gorman claimed he continues to suffer a reduction of use of his dominant shoulder. Thus, he sought recovery of damages for his past medical costs, and past and future pain and suffering. Defense counsel noted that Gorman used a wheelchair and argued that the alleged shoulder injury was not caused by the incidents, but by Gorman’s overuse.