On Sept. 25, 2010, at approximately 8:20 p.m., plaintiff Marcelo Perez, 17, was exited a Safeway Store at 1701 El Camino Real with a friend who had stolen a bottle of alcohol. After they separated ways near Middlefield Road, Marcelo was approached by Redwood City Police Officers Ryan Adler and Stephen Sysum. However, when Marcelo reached into his pocket for his cell phone, Adler took out his Taser and told Marcelo to raise his hands. Sysum then pulled out his Taser and told Marcelo to get on the ground. Marcelo was ultimately forced him to the ground and shocked as the officers each fired a Taser dart into him. Marcelo sued Adler, Sysum and their employer, Redwood City. Marcelo alleged that the officers’ actions constituted excessive force and that the city was liable for their actions. Marcelo claimed that he reached into his pocket for his cell phone in order to speed-dial his mother when Adler pulled out his Taser and told him to raise his hands. He also claimed that Sysum pulled out his own Taser and then the officers forced him to the ground. Marcelo alleged that although Adler and Sysum demanded that he put his hands behind his back, he couldn’t because his arms were pinned beneath him and that when the officers removed themselves they each fired a Taser dart into him. Marcelo further claimed that once Adler and Sysum secured his hands, they taunted him, grabbed his hair and pushed his face into the sidewalk. In addition, he claimed that when his mother arrived at the scene, she demanded that Adler and Sysum give her their names or badge numbers, but that they refused. Thus, plaintiff’s counsel contended that the officers’ use of force while Marcelo was already pinned to the ground was excessive and unnecessary. Adler and Sysum denied all of Marcelo’s allegations, including that the accusation that the officers refused to identify themselves when his mother appeared on the scene, and claimed that they were acting within the scope of their authority. Adler claimed that he heard dispatch describe a person involved in a “strong-arm robbery” at the Safeway on El Camino Real and that he stopped Marcelo because he matched the description broadcast by dispatch. He also claimed he only pulled out his Taser because Marcelo put his right hand into his right pocket and pulled out a long black object, which he could not initially identify. Adler further claimed that he then told Marcelo to show his hands and put the object down, but that Marcelo refused to comply and proceeded to try and move past him. Sysum claimed that he then pulled out his own Taser and told Marcelo to get on the ground, but that Marcelo would not get on the ground as ordered. The officers alleged that due to Marcelo’s non-compliant behavior, his possible involvement with the robbery, and his propensity to flee, they both holstered their Tasers and attempted to detain Marcelo in handcuffs. However, they claimed that Marcelo was able to overpower them, remove his hand from behind his back, and then place his hand underneath his body toward his waistband area. Adler claimed that since he was aware that suspects keep weapons in the waistband area, and that since Marcelo had not been searched for weapons, he was concerned about the possibility of a weapon being used. The officers claimed that as a result of them beginning to lose control of Marcelo, Adler announced “Taser” several times. However, Adler claimed that he ultimately had to deploy his Taser because of Marcelo’s active physical resistance to being cuffed, his refusal to comply with verbal commands, and the fact that Marcelo “continued to keep his right hand in his waistband area.”, Marcelo claimed he sustained abrasions from being pushed to the ground, as well as Taser burns. However, he sought recovery for unspecified damages from the incident.