On Dec. 19, 2019, plaintiff Kevin Cole, a disabled man, stopped outside of a fast food restaurant, in Sacramento, to eat a sandwich that he had purchased from a grocery store. Cole was with his dog when a security guard told Cole to leave the area or the police would be called. When Sacramento Police Officers Justin Shepard and George Martinez presented to the scene, they asked Cole to leave, but Cole refused. The situation escalated, and the police attempted to arrest him. During the arrest, Cole’s dog barked at an officer. As a result, one of the officers fired a round at the dog. The bullet struck the dog in the foot, but shrapnel from the bullet also struck Cole and the security guard. Cole claimed to his face. Cole sued Officers Shepard and Martinez; the officers’ supervisor, Police Chief Daniel Hahn; and the officers’ employers, the city of Sacramento and the Sacramento Police Department. Cole alleged that the defendants’ actions constituted false arrest, excessive force and unreasonable seizure of property in violation of his civil and constitutional rights. The officers initially claimed that the dog bit one of them., Cole’s dog was taken to an animal shelter while Cole was taken to a hospital. Cole underwent surgery to remove the shrapnel in his face. However, he claimed that some of the shrapnel remains in his face. He also claimed he suffers from emotional distress as a result of the incident. Cole sought recovery of damages for his past and future emotional and physical pain and suffering.