On March 1, 2008, plaintiff Paul Burke, 45, a black male, was at Yankee Doodles, a sports bar on 3rd Street Promenade in Santa Monica, where he and his wife were watching the televised Ultimate Fighting Championship mixed martial arts event. After the program ended, Burke was about to leave when he was assaulted by an unidentified patron. As a result, a brief fight ensued and police, who were already in the restaurant, responded. However, by the time they arrived, the combatants had stopped fighting. Burke claimed that even though the fighting had stopped, five police officers subjected him to excessive force and falsely arrested him. Burke sued officers Koby Arnold, Michael Rogozik, Doug Kohno, Roberto Villegas and Dan Larios; and their employer, the city of Santa Monica. He alleged that the officers’ actions constituted excessive force, a violation of his civil rights under the Fourth and Fourteenth Amendments, conspiracy, assault and battery, and negligence. He also alleged that the city was negligent in the employment of the officers and that the city was vicariously liable for the officers’ actions. Burke claimed that after the fight had ended, an officer suddenly, without warning and for no apparent reason jumped on his back. He claimed that the officers then used excessive force by unlawfully shocking him with a Taser and repeatedly striking him. Burke alleged that he was compliant and did not do anything to justify the officers’ conduct. Thus, he alleged the officers were motivated by racial animus. The officers claimed that, in an effort to determine what happened and to ensure the fighting did not resume, they contacted Burke and the other individual involved in the fight. However, they claimed that when they attempted to detain Burke to question him about the fight between him and a patron, he became belligerent, combative and assaultive toward them. Arnold claimed he approached Burke and touched his right shoulder to get his attention, and that Burke swung around and charged him, knocking him into a pool table and a condiment bucket. Arnold alleged that as a result, he sustained a gash above his eyebrow, requiring stitches. Rogozik claimed that, in response, and in order to protect his partner and gain control over Burke, he attempted to pull Burke off of Arnold, whose back was pinned on top of the pool table. He claimed that an off duty parole officer also assisted in attempting to pull Burke off of Arnold. Defense counsel contended that when the officers’ efforts were unsuccessful, Rogozik deployed his Taser. Counsel also contended that once Arnold was free from Burke, Arnold also deployed his Taser in order to prevent Burke from attacking Rogozik. Defense counsel maintained that it took three officers and a witness to handcuff Burke and that even after being handcuffed, Burke continued to struggle and kick at the officers. Counsel contended that as a result more than one Orcutt Nunchaku, a non-lethal controlling device for law enforcement and corrections officials, had to be used to control Burke’s kicking and resistance. Defense counsel maintained that as a result, Burke was arrested for assault on a police officer and obstructing and/or resisting an officer in the performance of his duties., Burke was taken to the Santa Monica-UCLA Medical Center and treated for his wounds, which he claimed included lacerations to his neck, abdomen, wrists and back, as well as multiple gashes caused by the Tasers. Burke sought recovery of general, special and compensatory damages against all the defendants, jointly and severally. He also sought recovery of punitive and exemplary damages, costs of suit and attorney fees. Defense counsel noted that the plaintiff offered no medical evidence at trial other than pictures of the pimple sized marks on his back from the Taser. Thus, counsel contended that the Taser left only pimple sized marks, and that there were no lacerations or gashes to any part of the plaintiff’s body. However, defense counsel contended that Burke’s attack on Arnold resulted in the officer sustaining a gash to his head, which required stitches.