On Dec. 13, 2013, plaintiff Nicolas Aquino, a student at the Naval Postgraduate School, in Monterey, was tackled outside of his Carmel Woods rental home and handcuffed by Sheriff’s Deputy Ivan Rodriguez. Prior to the incident, a neighbor reported a suspicious, hoodie-wearing Hispanic man walking around the property. Rodriguez responded to the home and looked over the gate, into the backyard, for signs of forced entry. He did not see any sign of a break-in, but while in front of the house, he saw someone in one of the front windows before the shutters closed, preventing him from seeing inside longer. Rodriguez decided to return to his patrol car and await backup. However, as Rodriguez was heading back to the car, Aquino opened the front door and inquired as to Rodriguez’s presence on the property. Rodriguez informed Aquino that he was investigating a report of suspicious activity in the area and asked who he was. Aquino explained that he lived on the property, but Rodriguez asked to see his identification. Aquino presented a military identification card, but as Rodriguez went to take the ID card, Aquino pulled his hand back, preventing Rodriguez from getting the card. An altercation ensued, during which Rodriguez lunged for Aquino in an attempt to handcuff him and they both fell to the ground. Aquino was eventually handcuffed and placed in the back of the squad car. Aquino was ultimately released, but a few weeks after the incident, a criminal complaint was filed against him for resisting arrest. The district attorney later dropped the case against him. Aquino sued Rodriguez; Rodriguez’s supervisor, Sheriff’s Sergeant David Murray; and the officers’ employer, the County of Monterey Sheriff’s Department. Aquino alleged that Rodriguez’s actions constituted excessive force in violation of his Fourth Amendment rights and that Murray and the sheriff’s department were liable for Rodriguez’s actions. Aquino claimed that when Rodriguez asked to see identification, he told Rodriguez that he was in the military and held up his military ID card, but that Rodriguez told him that it did not prove he lived at the address in question. He alleged that as a result, he told Rodriguez that he would go back into the house to retrieve his utility bills, which would prove that he did, in fact, live there, but that Rodriguez tackled him to the ground and handcuffed him. Aquino claimed that he remained handcuffed inside the squad car until Rodriguez allowed him to retrieve the utility bills, which proved his residency. Rodriguez claimed that when Aquino refused to hand over his ID, he became concerned for his safety and that he decided to physically detain Aquino in handcuffs because he believed that Aquino may actually be a burglar. Rodriguez claimed that he grabbed Aquino’s wrists and moved behind him in an attempt to get Aquino’s hands behind his back, but that Aquino started to resist, so he dragged him to the ground. However, he claimed that Aquino continued to resist on the ground and that he was eventually able to handcuff him with the help of a civilian and another deputy. In addition, Rodriguez claimed that he asked around to see if any neighbors recognized Aquino as living at the house, but that none did. He alleged that it was only after one of the neighbors identified the person living at the subject house as having a similar first name that he allowed Aquino to re-enter the home to get the utility bills to prove that he lived there. In response, Aquino claimed that did not resist when Rodriguez first attempted to handcuff him, but that he was thrown off balance when Rodriguez lunged at him. He also denied resisting on the ground, claiming that when he was brought to the ground, his head struck the pavement (which Rodriguez denied), causing him to lose visual and auditory awareness for a few seconds., Aquino claimed that he suffered contusions and abrasions from the incident and that he now suffers from migraine headaches. He also claimed that he incurred expenses because he was forced to move as a result of the incident and that lost career benefits and opportunities. In addition, he alleged that he suffers from emotional distress, anxiety, stress, humiliation, embarrassment and insomnia related to his fear of being wrongfully attacked in his home by law enforcement.