At around 2 a.m. on Dec. 3, 2011, plaintiffs Travis Wilkerson, a former Marine; Victoria Garcia, Travis Wilkerson’s wife; Tyler Wilkerson, Travis Wilkerson’s brother and former Marine; and Andrew Harlin, Travis Wilkerson’s friend and college student, all of who were in their 20s, were walking down E Street in downtown San Diego when they were allegedly accosted by a man who made rude comments to Garcia. Travis Wilkerson claimed that he told the man to have some respect for his wife, but that he was suddenly sucker punched by the man. When the man saw police officers nearby, he quickly ran off with his friends. San Diego Police Officers Kevin Armentano, Mendenhall, Minter and Shumate subsequently approached Garcia, Harlin and the Wilkersons. However, an altercation occurred and Travis Wilkerson was grabbed, taken to the ground, handcuffed, pepper-sprayed, and arrested. As Travis Wilkerson was being arrested, Tyler Wilkerson began to question the officers as to why they were arresting his brother. The officers ultimately grabbed, handcuffed, pepper sprayed and arrested Tyler Wilkerson. When Harlin began questioning what was going on, he was also grabbed, taken to the ground, and handcuffed. Upon seeing her friends and family being arrested, Garcia complained also began asking questions, and she too was arrested and taken into custody. The Wilkersons, Harlin and Garcia were all taken to jail, but no charges were filed against any of them. The Wilkersons, Harlin and Garcia sued Officers Armentano, Mendenhall, Minter, Shumate, Valdez and Steffen, as well as the officers’ employer, the city of San Diego. Several of the officers were dismissed from the case, and the matter continued to trial against Armentano, Minter, Shumate and the city. In addition, Tyler Wilkerson recently died of unrelated causes and his claims were subsequently dismissed from the case. At trial, Travis Wilkerson claimed that Armentano violently grabbed him and threw him to the ground without cause or necessity. He also claimed that after he was handcuffed and arrested, Minter pepper-sprayed him. Harlin alleged that when Tyler Wilkerson asked the officers why they were arresting his brother and whether it was necessary to slam him to the ground, the officers responded by grabbing, kneeing, handcuffing, pepper spraying, and arresting Tyler Wilkerson. Harlin claimed that when he saw the officers grab his friend, throw him to the ground, and injure him, he questioned what was going on, but was grabbed from behind, taken to the ground and handcuffed by Shumate. He also claimed that Shumate repeatedly slammed his face and head into the pavement, knocking him out. Garcia claimed that she witnessed the incidents and that when she complained about the acts of violence against her husband and Harlin, and asked questions, she was also arrested and taken into custody. Plaintiffs’ counsel argued that the officers’ actions were without cause, necessity, or justification. Counsel contended that the handcuffs were applied in an excessively tight manner, causing pain and injury, and that the force and violence used by the officers constituted excessive force. Plaintiffs’ counsel also contended that the city was vicariously liable for the officers’ actions, per state law. Defense counsel contended that Travis Wilkerson was in a fight and resisted during his arrest. Counsel also contended that Travis Wilkerson tripped and fell over the curb during his arrest. Counsel further contended that Tyler Wilkerson interfered with Travis Wilkerson’s arrest and that Harlin attacked Shumate. Thus, defense counsel argued that the officers had probable cause to arrest the plaintiffs and did not use excessive force, as the force used was reasonable under the circumstances., Travis Wilkerson’s head hit the pavement, causing abrasions to his face and head, and two chipped teeth. He was also pepper sprayed. Thus, Travis Wilkerson sought recovery for his medical costs and for his pain and suffering. He also sought recovery of punitive damages against Mendenhall. Harlin sustained a concussion and a lacerated lip. He was rendered unconscious at the scene and was subsequently taken by ambulance to a hospital, where he received stitches and was treated for his concussion. Thus, Harlin sought recovery for his medical costs and for his pain and suffering. He also sought recovery of punitive damages against Shumate. Garcia claimed she witnessed her husband being grabbed by the officers and thrown to the ground, and his head being repeatedly slammed into the pavement. She also claimed she witnessed Harlin being taken down and his head also being slammed into the pavement. In addition, she claimed that she saw Harlin vomit and lose consciousness. Thus, Garcia alleged that she suffers emotional distress from the incidents and sought recovery of emotional distress damages. Tyler Wilkerson passed away prior to trial.