On Oct. 5, 2010, plaintiff Maxine Sherard, 70, a former college professor, was attempting to move some of a squatter’s belongings to the edge of her property when police officers Nicole Campbell and Edward Ketcham arrived at the scene while she was in her pool house holding a wicker basket. Sherard claimed that she previously met a woman through the Girls Club of San Diego and learned that the woman needed a place to stay. She claimed that as a result, she allowed the woman to stay in a pool house in her backyard for one night. The pool house had a bathroom with running water and electricity. Sherard alleged that although she allowed the woman to stay in her pool house for one night, the woman stayed seven months. Sherard claimed the woman refused to leave her property despite repeated requests. After repeatedly asking the woman to leave the property permanently, Sherard nailed a note to the pool house door, telling the woman that she could not return unless she had her permission. When this too failed, Sherard removed a non-working lock on the pool house, but the woman returned again without Sherard’s permission and placed her own lock on the pool house. Sherard eventually gained access to the pool house on Oct. 5, 2010, and attempted to move some of the woman’s belongings to the edge of her property. While she was in the pool house, holding a wicker basket, she heard officers Campbell and Ketcham tell her to “put it down.” Sherard claimed the officers then knocked her to the floor, put her arms behind her back and placed handcuffs on her wrists. Two additional officers then arrived at the scene and a call was placed to the officers’ supervisor, who was unable to assist in the resolution of the incident. Sherard’s eyeglasses later came off while she was being transferred from one squad car to another while she was handcuffed. Sherard was taken to the southeast substation and then transferred to Las Colinas Detention Facility, in Santee. For nearly five hours, plaintiff was kept in handcuffs. Sherard was kept in custody from approximately 3 p.m. until 4 a.m. the next day when she was released. The police Incident Report stated that Sherard threw the wicker basket at the police officers. The City brought charges against her for violation of Penal Code §§ 148(A)(1), Resisting an Officer, and 605.2, Aggravated Trespass. The charges were dropped. Sherard sued Ketcham and Campbell. Sherard alleged the officers’ actions constituted a violation of her civil rights, including false arrest, false imprisonment, excessive force, battery, and violations of the Bane Act. Sherard claimed that while she was in the pool house, holding a wicker basket, Campbell and Ketcham arrived, unbeknownst to her. She alleged in her declaration that when she heard one of the police officers tell her to “put it down,” she then “felt a hard, quick, forceful punch in the upper chest area of [her] body which knocked [her] to the floor.” She denied throwing the wicker basket at the police officers, alleging the claim was fabricated in the police incident report. Instead, she claimed the officers put her arms behind her back and placed handcuffs on her wrists, before dragging her to the front yard, where she was transferred from one squad car to another, while handcuffed, during which her eyeglasses were knocked off. Defense counsel noted that although Sherard stated that the woman squatting in her pool house was homeless, Sherard never once called the police during the seven months the woman was there. Counsel also noted that Sherard never locked the fence to prevent the woman from entering her backyard and never turned off the electricity or water to the pool house. Defense counsel contended that on the subject date, Sherard posted a handwritten eviction notice on the door of the pool house, stating that the woman had four days to leave and remove her belongings and that Sherard would be denying future access. Counsel contended that as a result, the woman called the police, who responded to the scene. Ketcham claimed that while officers were responding to the scene, he contacted Sherard and spoke with her on the phone, during which he informed Sherard that she needed to file a formal eviction, but that Sherard refused. Defense counsel contended that while Sherard was on the phone, Sherard was parked on a hill above her home, observing the responding officers. Counsel contended that Sherard waited until the officers left before returning to her home and beginning to physically remove the woman’s personal property from the pool house. Counsel contended that as a result, the woman called the police a second time. Defense counsel asserted that when Campbell and Ketcham approached the pool house in response to the second call, Sherard was holding the wicker basket and loading it with the woman’s items. Campbell and Ketcham claimed that they asked to speak with Sherard, but that she refused and ultimately swinging the basket at them. They claimed that as a result, they attempted to handcuff Sherard for their safety, but that Sherard resisted by pushing, bumping, striking, punching, hitting, kicking, scratching, and otherwise attacking them. Defense counsel contended that while the struggle ensued, backup was called before Sherard was finally handcuffed. Counsel contended that after additional officers and a supervisor arrived, the supervising sergeant attempted to talk with Sherard. The sergeant allegedly asked Sherard to file a formal eviction with the courts against the woman living in the pool house, but that Sherard again refused. In addition, defense counsel asserted that officers allowed Sherard to speak with an attorney, who arrived on the scene in the hope that Sherard would cooperate, but that the attorney indicated that the officers would have to arrest Sherard. In response, Sherard claimed the officers’ statements were fabricated. She maintained that she had no telephone conversation with Ketcham, or any other police officer, about the eviction process. Sherard further maintained that none of the alleged conversations that Campbell and Ketcham alleged to have had with her ever occurred., Sherard claimed she had fluid around her heart, which was non-symptomatic prior to the incident. Thus, she claimed her condition was aggravated when she was thrown to the ground and “punched in the chest area.” Ultimately, Sherard was hospitalized and underwent heart surgery. Ketcham and Campbell denied throwing Sherard to the ground, and claimed that after Sherard was handcuffed, she sat on the ground. Thus, defense counsel argued that there was no evidence of any to Sherard.