On July 7, 2012, at around 10 p.m., plaintiff Israel Torres, a forklift driver in his 30s, was with his cousin, Robert Ramirez, and their children as they set off illegal fireworks near Main Street and Reeve Street in Santa Clara. The cousins had been drinking alcohol and watching UFC fights for approximately four hours before they went outside to light the illegal fireworks with their children. While in the street with the fireworks, Torres and Ramirez were confronted by a Santa Clara fire marshal who was patrolling the area with his audio recorder activated. When Torres and Ramirez allegedly used intense profanity and verbally attacked him, the fire marshal requested police assistance, which caused Ramirez to become even more incensed. As a result, Torres and Ramirez heightened their verbal abuse until Ramirez physically struck the fire marshal. The fire marshal subsequently called for Code Three assistance from the police, which indicated immediate, emergency assistance, including the use of lights and sirens by all police in order to achieve a rapid response. The first officer on the scene attempted to stabilize Ramirez, but eventually required assistance from another police officer. At the same time, Sergeant Tony Parker came on the scene and noticed that Torres was still antagonistic and shouting profanities. As a result, Parker confronted Torres and a physical altercation ensued, during which Parker punched Torres in the face during his attempts to stabilize Torres. The fire marshal’s audio recorder preserved all the abusive verbal interchanges, information about how Ramirez and Torres had been drinking alcohol for at least four hours prior to lighting the illegal fireworks, and Torres admitting to being intoxicated at the time of his altercation with Parker. Ramirez was arrested for battery on a peace officer and for resisting arrest, while Torres was arrested for public intoxication and resisting arrest. Ultimately, the charges against Torres were dismissed by the District Attorney. Torres sued Parker and Parker’s employer, the city of Santa Clara. Torres alleged that Parker’s actions constituted excessive force in violation of his civil rights under 42 USC 1983, and a violation of the Bane Act, as well as constituted battery, false imprisonment, and negligence. He also alleged that the city was liable for Parker’s actions. Plaintiff’s counsel contended that the force Parker used was excessive under the circumstances and that it was unreasonable and unnecessary for Parker to strike Torres in the face. Although Torres could not tell what struck him, he claimed that Parker had wound up and hit him with a hard object. A witness testified that Parker wound up and hit Torres with his flashlight, though there were no markings on Torres’ face to indicate being struck by a flashlight. Parker adamantly denied striking Torres with anything other than his fist. Defense counsel contended that because Torres was intoxicated, verbally abusive and resistant, it was reasonable and necessary for Parker to stabilize Torres, and to punch Torres once in the face to subdue and detain him. Counsel contended that the force used was within Police Officer Standards and Techniques that are taught to police officers in their basic training and that one punch to the face to stabilize a person under the circumstances is within those standards and did not constitute excessive force., Torres claimed abrasions to his face from being held against a stucco wall, as well as a small fracture of his left cheekbone. He had minimal medical treatment and claimed $1,380 for medical expenses. Torres ultimately returned to work on the Monday following the incident.