On the night of April 30, 2014, plaintiff Cesar Rodriguez, an owner of an architectural design and consulting business in his 40s, had an argument with his ex-wife, whom he had divorced some time ago, but whom he still lived with in a house with their four children in Fresno. Rodriguez’s ex-wife eventually called 911 and reported that Rodriguez had threatened to kick her out of the house. When officers arrived, Rodriguez was gone. His ex-wife told the officers that Rodriguez had pushed her and that he likely went to his office near Ashlan Avenue. Officers Steven Gonzales and Officer Geoff Tushnet went to Rodriguez’s office, opened the door and unleased a police dog, a Belgian Malinois named Kubo. Rodriguez was bitten on his left arm and arrested on charges of domestic violence and resisting arrest. He was then taken to a hospital for treatment of his wounds, and charged with misdemeanor battery and resisting arrest. However, the charges were later dismissed. Rodriguez sued Gonzales; Tushnet; and the officers’ employer, the city of Fresno. Rodriguez alleged that the officers used excessive force in violation of his civil rights and that the city was liable for the officers’ actions. Rodriguez testified that he never pushed his ex-wife and that he was sleeping in his office when Kubo attacked him. He alleged that Tushnet and Gonzales entered his office without a warrant and ordered Kubo to maul him. Plaintiff’s counsel contended that no weapons were involved in Rodriguez’s dispute with his ex-wife and that Rodriguez was unarmed and sleeping when he was attacked by the police dog. Counsel argued that Rodriguez’s ex-wife had no legal authority to give the officers consent since she did not own the business and had not worked there for years. Thus, plaintiff’s counsel argued that if the police wanted to arrest Rodriguez, the officers needed a warrant. Defense counsel contended that Rodriguez could be heard cursing and denying that he pushed his ex-wife while the ex-wife was on the phone with the police. Counsel also contended that the ex-wife claimed that Rodriguez was drunk. Defense counsel contended that when the officers arrived at Rodriguez’s office, Gonzales called Rodriguez on his cell phone and asked him to come out, but that Rodriguez denied being in his office and told him to call his attorney. Counsel maintained that upon seeing a silhouette in Rodriguez’s office, the police decided to go in, using the keys provided by Rodriguez’s ex-wife and that after they unlocked the front door, the officers announced several times that they had a police dog. Counsel contended that when Rodriguez failed to respond, Tushnet opened the door to Rodriguez’s private office and unleashed Kubo. Thus, defense counsel argued that neither Tushnet nor Gonzales violated department policy by entering the office without a warrant, as the officers had a reasonable belief that Rodriguez’s ex-wife had a legal standing to give them permission to enter the office since she had once worked there and had keys to the office. Counsel further argued that the use of the police dog to apprehend the concealed Gonzales was reasonable., Rodriguez sustained deep gashes in his left arm and a punctured brachial artery as a result of the dog bits. He was subsequently taken to Community Regional Medical Center, in Fresno. Rodriguez underwent surgical repair of the brachial artery and remained hospitalized for three days after the arm surgery. Rodriguez is left with severe scarring on his left arm and he claimed he suffers from periodic pain. Thus, Rodriguez sought recovery of $600,000 in damages for his pain and suffering, emotional distress, humiliation, and anxiety. His counsel also asked that Rodriguez’s damages be trebled because of the alleged violations of Rodriguez’s civil rights.