Shortly before midnight on June 29, 2007, Macario Dagdagan, 59, a millwright, was in his apartment in Vallejo when he got into an altercation with a female friend. As a result, the manager of the apartment had to break up the altercation. The female friend then left and went home, but later that evening, she called the Vallejo Police Department and complained that Dagdagan had assaulted her. Two Vallejo police officers, John Boyd and J. Wentz, subsequently went to Dagdagan’s apartment shortly before midnight, made a warrantless entry into the apartment and found Dagdagan asleep. After waking him, Dagdagan told the officers to get out of his apartment, though the officers insisted that he had to answer their questions concerning the allegations of the earlier assault. When he continued to tell the officers to leave, the officers arrested him for the delaying their investigation. Dagdagan claimed that during the arrest, Wentz shocked him twice with a Taser while he was sitting in bed and then handcuffed his hands behind his back. The officers then walked Dagdagan into the living room and sat him in a chair before deciding to forcibly place him onto the floor. Upon being forced onto the floor, Dagdagan immediately complained that officers had broken his neck. He was subsequently taken to a hospital, where it was determined that he had suffered a spinal cord injury that required immediate surgery. Dagdagan sued the city of Vallejo, Boyd and Wentz, as well as another Vallejo officer, Sergeant Melville. He alleged that Boyd and Wentz used of excessive force and violated his Fourth Amendment rights. He also alleged that while he was in the hospital, Melville wrongfully searched his apartment even though the officer was able to obtain a warrant. Dagdagan claimed that the officers violated the Fourth Amendment by entering his home and arresting him, both without a warrant. He also claimed that he felt that Melville was wrong to search his apartment while he was still in the hospital. In addition, Dagdagan claimed that the officers used excessive force when Wentz used the Taser on him and when one of the officers placed him in a choke hold while he was sitting handcuffed in a chair, which caused him to fall backward onto the floor. He alleged that either the choke hold or fall caused his neck fracture, and that he also suffered facial when the officers lifted him up and allowed him to drop onto his face. Boyd and Wentz denied using excessive force upon Dagdagan, claiming that they treated the plaintiff gently and did not injure him during the arrest. They also claimed that Dagdagan had no visible as a result of their contact with him. However, plaintiff’s counsel responded that the officers’ contentions were undermined by the fact that a sergeant took photographs of Dagdagan while he lay handcuffed on the floor waiting for the ambulance and that these photographs depicted the plaintiff’s visible . Plaintiff’s counsel moved for summary judgment, arguing that the Vallejo police officers violated Dagdagan’s Constitutional rights as a result of their warrantless entry and the subsequent arrest. The city moved for qualified immunity. The district court granted the plaintiff’s motion, but denied the city’s motion. Thus, the city appealed the district court’s denial of its motion, but the court of appeals affirmed the district court’s ruling. The matter then returned to the district court for trial on the issues of excessive force and damages., Dagdagan claimed that he suffered spinal cord when one of the officers placed him in a choke hold and caused him to fall backward onto the floor. He also had blood in his mouth, a bruise on the forehead, blood trickling out of his nose, and broken skin on the bridge of the nose, all of which were allegedly visible in the photographs taken by a police sergeant at the scene while waiting for an ambulance. At the hospital, it was determined that Dagdagan suffered a cervical contusion at the C4-5 level, as well as tearing of the longitudinal ligament. As a result, he underwent a C4-5 discectomy and fusion one or two days after the subject incident. Dagdagan reported that he has burning paresthesia down his extremities, causing him to walk with a limp. He also claimed he lost strength in his upper extremities. At the time of the incident, Dagdagan worked as a millwright at an oil refinery in the East Bay, earning approximately $60,000 a year. However, he alleged that his prevented him from returning to work. In addition, plaintiff’s counsel noted that Social Security determined that Dagdagan was totally and permanently disabled. Thus, Dagdagan sought recover of $337,043.50 in damages for his past medical costs, $895,089 in damages for his future medical costs, and $415,556 in damages for his past and future loss of earnings. Defense counsel contended that the Dagdagan’s were not caused by the encounter with the police officers. Counsel noted that Boyd and Wentz claimed that the plaintiff had no visible as a result of their contact with him, and that they treated Dagdagan gently and did not injure him. However, plaintiff’s counsel countered that photographs should that Dagdagan did sustain visible .