On June 25, 2018, plaintiff Jovane Leonard, 42, was at Spokes N’ Stuff, a bicycle repair shop in Santa Monica, trying on a pair of sunglasses, contemplating whether he liked them or not, when he decided not to make the purchase. As he placed the glasses back and walked away, he was accused of shoplifting. Three Santa Monica police officers responded to the store, and Leonard was taken to the ground. A K-9 dog was then released and it apprehended Leonard on his leg. Leonard claimed that he was subdued by two officers at the time the K-9 was released. Leonard sustained to his right leg. Leonard sued officers Kyle Crane, Phillip De Ryck and Jason Olson; the officers’ employer, the city of Santa Monica; the operator of the bicycle repair shop, Spokes N’ Stuff Inc.; and Spokes N’ Stuff’s employees, Edwin Garcia and Joey Harris. Leonard alleged that the store’s employees racially discriminated against him and that Spokes N’ Stuff were liable for their actions. Leonard also alleged that the officers’ actions constituted excessive force in violation of his civil and constitutional rights and that the city was liable for the officers’ actions. Spokes N’ Stuff settled on behalf of itself and its employees for an undisclosed amount. The matter then continued against the officers and the city. Leonard claimed a store employee wrongfully accused him of shoplifting and then called the police to falsely claim that he was robbed by a black man. He also claimed that when the police responded to the scene, the K-9 dog was released on him without warning and bit his leg even though he had already been subdued by two of the officers. Defense counsel contended that Leonard attempted to leave the store with a pair of sunglasses that he did not paid for and that after a store employee followed Leonard outside and demanded that he return the property, a scuffle between them ensued. Counsel asserted that Leonard struck the employee in the face with his fist, re-entered the store and then absconded from the scene and that as a result, another employee called the police to request assistance. Defense counsel contended that Crane and Olson responded to the scene and attempted to detain Leonard, but that Leonard physically resisted their efforts by pulling his arms toward his waistband and using his legs to push off of the ground. Counsel asserted that while the officers were struggling with Leonard on the ground, De Ryck arrived at the scene and made the decision to deploy his K-9 in order to apprehend Leonard. Defense counsel further asserted that after the K-9 successfully apprehended Leonard on his right leg, Crane and Olson were able to secure Leonard in handcuffs and that as soon as Leonard was in handcuffs, De Ryck immediately removed the K-9 from the bite., Leonard sustained a dog bite wound to his right calf, resulting in four lacerations and a puncture wound on the back of his right calf, and a laceration measuring 4 inches long and 2 inches wide on the front of his right calf. He also claimed the injury resulted in muscle damage and a loss of one liter of blood. Leonard was taken by ambulance to the emergency room at UCLA Health – Santa Monica Medical Center, where he was treated and released. Leonard claimed he is left with scarring to his right leg. Leonard sought recovery of damages for his past and future pain and suffering. Defense counsel contended that Leonard’s treating emergency room physician noted that Leonard was extremely agitated, combative, verbally abusive, and appeared to be intoxicated. Counsel also contended that Leonard kicked and attempted to bite members of the emergency room staff, such that Leonard had to be restrained with a three-point restraint. Defense counsel further contended that even after Leonard was given a sedative, Leonard continued to be aggressive and uncooperative and that Leonard had a blood alcohol level of almost three times the legal limit. Defense counsel contended that the treating emergency room physician did not consider Leonard to be in overall good health due to the nature of Leonard’s aggressive behavior. After conducting his medical diagnosis and treatment of Leonard, the treating emergency room physician opined that Leonard’s wounds were no longer acute, such that Leonard could be transferred to jail, and then medically cleared Leonard for booking.