Just after midnight on Nov. 24, 2016, plaintiff Melvin Brown II, 39, was confronted by San Diego police officers outside of his apartment. Brown previously left his apartment after an argument with his fiancée. Shortly thereafter, Brown’s fiancée called the San Diego Police Department, which reported her call as “domestic violence.” Officers George Smith, Radford Pajita and Cassandra Heil were dispatched to the scene, and they entered the apartment and locked the door behind them. Brown claimed that he became concerned as he saw the officers entering his apartment upon his return. He claimed that when he knocked on the locked apartment door, Smith confronted him at the door and used excessive force in his attempt to arrest him. Brown was charged with assault with a deadly weapon, threatening to kill his fiancée and resisting arrest. He spent two months in jail after refusing to accept a guilty plea. However, during his criminal trial, Brown’s fiancée changed her testimony, and the jury found Brown not guilty on all remaining counts. Brown sued Smith, Pajita, Heil and the officers’ employer, the city of San Diego. Brown alleged that the officers’ actions constituted excessive force, false arrest, deliberate falsification of evidence and malicious prosecution. He also alleged that the city was liable for the officers’ actions. Brown ultimately discontinued Pajita, Heil and the city from the case. Brown also discontinued his claims of false arrest, deliberate falsification of evidence and malicious prosecution. Thus, the matter only continued with Brown’s excessive force claim against Smith. Brown contended that when he knocked on his apartment door, Smith drew his metal baton and confronted him at the door. Brown claimed that as he was removing his backpack, Smith began to beat him with a baton, striking him on the head, arms and legs. The officers claimed that Brown failed to follow commands, pulled his arm away from Smith’s grasp, took a boxer’s stance and balled his right hand into a fist such that it appeared that Brown was going to punch Pajita. Smith claimed that since Brown was being aggressive and not following orders, he struck Brown a total of eight times, aiming for Brown’s right leg and arm. Smith also claimed that the third strike accidently hit Brown in the head as Brown leaned forward. However, he claimed that he was not using full force and that the strikes ceased at the first signs of compliance with officer commands. Defense counsel noted that Brown was 5 feet 11 inches tall and weighed 240 pounds, and argued that the force used was reasonable in light of Brown’s assaultive behavior. Counsel also argued that Smith was entitled to qualified immunity. The district court denied Smith’s motion for qualified immunity, and found several triable issues of fact. As a result, Smith appealed the denial of qualified immunity to the Court of Appeals., Brown claimed that he was struck with a baton on his head, arms and legs, resulting in bleeding from his shin and head. He was transported to UC San Diego Medical Center, in San Diego, where he received eight staples in his head and other medical care for his . Brown claimed that he suffers from emotional distress as a result of the incident with the police. Brown sought recovery of damages for his physical and emotional pain and suffering.