On April 7, 2011, plaintiff William Henry James Howard, 31, was being pursued by Deputy Armando Munoz and other members of the Special Enforcement Team of the Riverside County Sheriff’s Department for an outstanding felony warrant for armed robbery. Earlier that morning, Munoz and the other deputies had participated in a briefing regarding the operation plan formulated for Howard’s apprehension. A confidential informant had disclosed that Howard was expected to be in the Cathedral City area that day. Other deputies reported seeing Howard the day before, when they responded to a suspicious person call where it was alleged that Howard was canvassing the neighborhood to commit a burglary because he had dropped his backpack with burglary tools while running away from the deputies. During the briefing, Howard’s criminal history was provided to Munoz and the Special Enforcement Team, including the details of the robbery (i.e., that the victim was an elderly woman whom Howard lured to a secluded area, and that he allegedly put a gun to her head during the commission of the robbery). At approximately 1 p.m., surveillance deputies spotted Howard walking on Tahquitz Road and Cathedral Canyon Drive in Cathedral City. Howard became aware of the surveillance deputies and ran into a nearby apartment complex, where he jumped over two fences and entered an adjacent apartment complex that had a detached storage shed. Howard then entered the storage shed and hid inside one of six closets, all of which were locked except for the one where Howard chose as a hiding place. Howard testified that he entered the storage shed, locked the front screen metal door from the inside and entered the only unlocked closet. He also testified that he was crouched down and was holding the closet door shut using two fingers of his left hand. The sheriff’s department surrounded the complex, launching a search inside, and eventually came to believe that Howard was hiding in an old laundry building that had been converted to a storage shed. As a result, four deputies circled the shed and noted that although the door was locked, the windows had no glass. Munoz, the only deputy small enough to climb through the windows, subsequently entered the shed alone while a sergeant and two deputies watched from outside with their guns drawn. Munoz then checked under the mattress and some boxes, before turning his attention to the closet doors. When he saw that one of the doors didn’t have a deadbolt, Munoz drew his gun. Munoz then opened the closet door and fired a single shot. The bullet went into two of Howard’s arteries before lodging in his spine, which caused a stroke that rendered him paralyzed on his left side. William Henry James Howard sued Munoz; the other deputy on the scene, Stanley Sniff, Jr.; and the officers’ employers, Cathedral City and the county of Riverside. Howard alleged that the deputies’ actions constituted excessive force under federal law and that the city and county were vicariously liable for the deputies’ actions. He also alleged that Munoz’s actions constituted battery under state law and that the county was vicariously liable for the battery claim against Munoz. Howard’s father, William F. Howard, was ultimately dismissed as a plaintiff. William Henry James Howard claimed he was hiding from police because he was frightened. He also claimed that he was unarmed and that both of his hands were visible when the door opened. Howard’s counsel noted that Munoz admitted that only “a second or two” passed between him opening the closet door and pulling the trigger and that another deputy claimed that he heard a shot almost instantaneously to seeing the closet door open. Counsel also noted that Munoz admitted that he did not give Howard any commands or provide any warning that he was about to fire between opening the closet door and pulling the trigger. Thus, Howard’s counsel argued that the gunshot was excessive because Howard was unarmed and Munoz fired within a second of opening the door. Over plaintiff’s counsel’s objection, defense counsel presented testimony about Howard’s multiple arrests, including arrests for domestic violence, criminal threats, conspiracy, evading, receiving stolen property, and drug-related offenses. Also, details about the robbery were referenced throughout the trial by the deputies, and Howard’s ongoing use of methamphetamine since he was 16 years old and his use of methamphetamine on the day of the shooting were also admitted into trial. The court took judicial notice of the robbery charge and the outstanding felony warrant, and the jury was permitted to hear testimony regarding the details of the robbery, as well as details about Howard’s criminal history, including testimony about how Howard’s “rap” sheet was purportedly 10 pages long. Munoz and other deputies further testified that Howard was a “violent offender” who was believed to be “armed and dangerous.” Munoz and the other deputies claimed they repeatedly shouted for Howard to reveal himself and surrender, but this was disputed by Howard and at least some witnesses. Munoz also claimed that although only “a second or two” passed between him opening the closet door and pulling the trigger, he fired because when he opened the door, Howard lunged at him while concealing his left hand. He alleged that as a result, he felt prompted to fire in self-defense. Thus, defense counsel argued that Munoz’s use of force was justified based upon Howard’s criminal history, details of the robbery, believing that Howard was “armed and dangerous,” Howard not responding to the deputies’ shouts, and Howard lunging forward when the door opened., Howard sustained a gunshot wound. The bullet subsequently impacted two of Howard’s arteries before lodging in his cervical spine, prompting a stroke that caused a traumatic brain injury and left him paralyzed on his left side. As a result, he suffers from speech impairment and difficulty swallowing solid foods. He underwent a craniectomy and was left disfigured on his head as a result of the surgery. Howard spent approximately 18 months in the hospital and will require medical attention for the rest of his life. He is currently in a wheelchair and cannot walk. Howard’s required 24-hour attendant care, as he was unable to perform the basic necessities of life without assistance due to his left sided paralysis. Howard was released early from prison, where he was serving two years for the robbery, because of his severe medical needs. His caregiver is currently his mother, Rosemary Guerrero. Defense counsel disputed that Howard required 24-hour care.