On Sunday, Feb. 17, 2013, at about 2:15 a.m., plaintiff Sean Hold, 35, an unemployed auto body mechanic, was with his friends, returning to a parking lot in the North Beach neighborhood of San Francisco, near Montgomery Street and Broadway. They were planning on heading home to Fairfield after going out earlier that night. However, as Hold was allegedly roughhousing with a friend in the parking lot, several plainclothes San Francisco police officers swept in without first identifying themselves. Hold claimed that when he protested, he was repeatedly punched by Officer Luis DeJesus and then struck several times with a baton. Hold sustained to his head, face, body, and right hand. Hold sued DeJesus; Officer Ryan Doherty; Sergeant Scott Ryan; Sergeant Stephen Jonas; Officer Ferdinand Dimapasoc; Officer Brendan Caraway; Officer Jose Macias; Officer Ivanov; Officer Joseph Salazar; Officer Joshua Hinds; the officers’ supervisor, San Francisco Police Chief Greg Suhr; and the employers of the officers, sergeants and police chief, the San Francisco Police Department and the city and county of San Francisco. Hold alleged that the defendants’ actions violated his Federal civil rights and violated the California’s Bane Act. Specifically, he alleged that the defendants’ actions constituted unreasonable and excessive force; false arrest; a filing of false reports; negligent training, supervision, and discipline; direct and vicarious negligence; and assault and battery. Hold claimed that when he protested the officers’ interference, DeJesus punched him repeatedly in the face, and then turned him over on the ground and beat him on his side with his fists. He claimed that DeJesus then beat him again with 14 strokes of a baton. Plaintiff’s counsel contended that the beating was caught on the parking lot’s surveillance camera and that the video appeared to contradict the officers’ version of events. Defense counsel noted that Hold, who is 6-foot, 2-inches tall, and 250 pounds, was arrested for fighting and resisting arrest. Counsel contended that earlier that night, numerous fights broke out along Broadway, between Columbus and Sansome Streets, and that a police officer, who was injured and outnumbered by combatants, broadcast an emergency call for help from police districts throughout the city. Counsel contended that while assembling nearby, police who responded to the area saw two men fighting on the lower level of a parking lot. Counsel noted that Hold was one of the men who appeared to be fighting. Defense counsel also noted that although Hold claimed that he and a friend were engaged in “horseplay,” surveillance video showed Hold being slammed into a car and thrown hard to the ground at least twice before the police intervened to stop the fight. Defense counsel contended that as the officers reached the area of the incident, Hold got up from the ground and charged a man who had been standing over him, causing the police to separate the two men. Counsel contended that Hold then stumbled and fell to his knees, grabbing a police officer by the jacket and pulling the officer toward the ground. Counsel asserted that Hold ignored the officer’s commands to “let go” and “stop resisting,” causing the officer to strike Hold multiple times with his fists to get Hold to let go of his jacket and stop pulling on him. Defense counsel asserted that Hold then ignored commands to get on his stomach and give up his hands for handcuffing, causing an officer to hit Hold in the legs and torso with a baton to get him to stop resisting and give up his hands for handcuffing while officers were physically attempting to roll Hold onto his stomach. Hold was then handcuffed. Thus, defense counsel contended that the officer’s actions in response to a fight and a resisting man were appropriate., Hold sustained a concussion, a fracture of his right dominant wrist, lacerations, and severe bruising, including a black left eye and large bruises to left side and knee. He also suffered an inflamed hernia. Hold was subsequently taken to San Francisco General Hospital by the San Francisco police officers shortly after the incident. He was then placed in a wrist cast for two months and remained out of work for six months. Hold claimed that his wrist continues to be painful at times and that he requires arthroscopic surgery on his wrist. He also claimed he requires hernia surgery. Hold alleged that although he has not yet had the surgeries, they were asserted as necessary and reasonable. Thus, Hold sought recovery of $12,000 for his emergency room and medical bills, $19,200 for his loss of earnings, $52,000 for his future medical costs for the hernia surgery, and $45,000 for future medical costs for the wrist arthroscopy. He also sought recovery of about $70,000 in attorney fees and costs. Defense counsel asserted that Hold was drunk and refused medical attention when paramedics were called to the scene. Counsel contended that despite Hold refusing medical attention, the officers at the scene took Hold to San Francisco General Hospital for evaluation due to the swelling of Hold’s right wrist. X-rays confirmed Hold had a broken right wrist.