At around 9:15 p.m. on June 27, 2014, plaintiff Luis Flores, a roofer in his 40s, was stopped by Motorcycle Officer Russell Gay on East El Norte Parkway, west of North Fig Street, in Escondido, for going over the speed limit and for a non-functioning brake light. Upon being pulling over, Flores exited his vehicle, reached back into his vehicle, and then ran. Gay subsequently pursued Flores on foot, caught up to him, and used force to apprehend and arrest Flores. Specifically, Gay used an expandable baton and then pepper spray. Flores was subsequently subdued until backup arrived. Flores’ blood alcohol level was tested and determined to be 0.16 percent, twice the legal limit at the time of the incident. Flores was charged with violations of Vehicle Code § 23152(a) (driving under the influence of alcohol), § 23152(b) (driving with greater than .08 percent of alcohol in his blood), and Penal Code § 148 (resisting, delaying or obstructing police officer in the performance of his duties). Flores pled guilty, and his sentence was consistent with him having a prior driving under the influence charge in 2007. Flores admitted that he ran from Gay, but remembered little as to what transpired from the time he exited the vehicle to the time he was apprehended. Nonetheless, he claimed that he submitted to the arrest after the initial baton strikes. Flores brought a civil action against Gay and Gay’s employers, the city of Escondido and the Escondido Police Department. Flores alleged that Gay used excessive force and that the defendants’ actions constituted violations of his civil rights. The matter ultimately continued against Gay and the city only. Flores claimed that although he did flee, he submitted to Gay once he was on the ground. Accordingly, he claimed that Gay used excessive or unreasonable force in striking him while he was on the ground. The plaintiff’s police practices expert opined that Gay was negligent in his pre-force conduct by pursuing Flores, as Gay was alone and with no backup. The expert also opined that police training recommended that if an officer is alone, the perpetrator should not be pursued, as the officer would be putting himself in danger, which would then necessitate force by use of baton, etc. According to Gay, while he was coming to a stop and attempting to dismount his motorcycle, Flores exited the vehicle, reached back in, and then fled. However, he claimed he did not see what, if anything, Flores reached for in his vehicle, but he was concern that Flores may have retrieved a weapon. Gay claimed that as a result, he shouted commands for Flores to stop and get on the ground, and then pursued Flores on foot. He then removed his department-approved, expandable baton from his vest and extended it while in pursuit of Flores. He claimed that after closing the distance between himself and Flores, he struck Flores on the right arm two to three times while Flores was running in a bike lane adjacent to the curb. Gay claimed that when Flores turned toward a driveway to a home, he pushed Flores from behind, causing Flores to land on the driveway. However, he alleged that Flores immediately jumped up and began running further up the driveway toward the house, so he grabbed Flores by the collar and pulled him back. However, he alleged that Flores fell back onto the ground and then quickly got up again. Gay claimed that as a result, he then struck Flores on the legs with his expandable baton, causing Flores to go to the ground again. Gay claimed that when Flores appeared to be getting up again, he was able to use pepper spray to finally subdue him and that shortly thereafter, backup units and paramedics arrived on scene. The defense’s police procedures and practices expert testified that law enforcement officers are trained that foot pursuits are considered dangerous, unpredictable, and should be considered high risk. The expert also testified that officers are trained that there are inherent dangers in foot pursuits, which include the fleeing subject may be armed, the fleeing suspect controls the route, and, among other dangers, the officers may be led into high-risk areas and become vulnerable to ambush situations involving additional suspects. However, the expert further testified that officers must also consider the threat to public safety, if the suspect gets away. Thus, defense counsel contended that the subject pursuit occurred in a residential neighborhood and that Gay observed Flores reach back into the truck before fleeing, so Gay was concerned that Flores may have retrieved a weapon. Counsel also contended that during the pursuit, Gay could not see Flores’ hands or what, if anything, was in them. The defense’s police procedures expert opined that, under the circumstances, Gay’s use of an expandable baton and pepper spray was reasonable. He further opined that the areas of Flores’ body that were struck by the baton were consistent with the strike areas officers are trained to strike when using a baton. The defense’s biomechanical expert testified that Gay’s description of the chase and baton strikes were consistent with the physical evidence at the scene, including, but not limited to, Flores’ and three separate areas of blood deposits at the scene. Therefore, the expert corroborated Gay’s version of events and contradicted Flores’ claim that he submitted to the arrest after the first strikes. In addition, defense counsel called a percipient witness who testified that Flores fled from Gay and that Flores went to the ground after the initial baton strikes, but that Flores jumped back up and continued to actively resist arrest., Flores sustained open fractures of the right leg’s tibia and fibula, an olecranon fracture of his right elbow, and bruising. He was subsequently transported to a local hospital for medical care. Flores claimed that he missed time from work as he recovered from his . Although there were no medical bills submitted, Flores sought recovery for his past medical expenses. He also sought recovery of past lost wages and pain-and-suffering damages.