On July 30, 2010, plaintiff Rodi Monterroso-Bragg, 21, a homeless woman, was arrested by Paso Robles Police Officer Jeffry Bromby for shoplifting a bottled beverage at Scolari’s Market in Paso Robles. She claimed that during the arrest, Bromby used excessive means by pushing her into contact with the pavement’s hot asphalt after she was already handcuffed. Monterroso-Bragg was ultimately charged with petty theft, battery and resisting arrest. She pleaded guilty to petty theft, and was sentenced to community service. The District Attorney’s Office dismissed the other charges. Monterroso-Bragg sued Bromby; his supervisors, Acting Police Chief Robert Burton, Former Police Chief Lisa Solomon and City Manager James App; and their employer, the city of El Paso De Robles. She alleged that Bromby’s actions constituted excessive force. She also alleged that Burton, Solomon, App and the city were vicariously liable for Bromby’s actions and were negligent for the lack of adequate policies regarding an officer’s use of force. The case only continued against the city and Bromby. Plaintiff’s counsel contended that the store’s security had already placed Monterroso-Bragg in plastic handcuffs, with her hands cuffed in front of her, by the time Bromby arrived at the scene. Monterroso-Bragg claimed that Bromby had her get up so that he could re-handcuff her from behind, and that as she approached her sandals to put them back on outside, Bromby ran toward her and pressed her to the asphalt. Plaintiff’s counsel noted that the asphalt was hot, as it was 93 degrees out that day, causing the asphalt to bake in the sun. Counsel contended that Bromby approached Monterroso-Bragg without sufficient warning and took her to the ground without it being necessary. Counsel asserted that Bromby could have handled the incident standing up, in that Monterroso-Bragg was already in the security’s plastic handcuffs and, therefore, was already restrained. In addition, plaintiff’s counsel noted that the store’s video surveillance recorded Bromby saying, “Now maybe you’ll learn.” Monterroso-Bragg further claimed that after Bromby handcuffed her with her hands behind her back, the officer cupped her right breast with his hand. Plaintiff’s counsel noted that a few months after the subject incident, Bromby was terminated from the department. However, counsel acknowledged that the termination might have been from unrelated charges. Defense counsel contended that Monterroso-Bragg was struggling and that Bromby was only using the force necessary to restrain her. Bromby also denied cupping Monterroso-Bragg’s right breast., Plaintiff’s counsel contended that Bromby left Monterroso-Bragg in the patrol car for over 11 minutes while she was crying and sobbing from pain. Counsel contended that, eventually, a backup officer arrived at the scene and offered to take over the investigation so that Bromby could take Monterroso-Bragg for medical attention. However, plaintiff’s counsel noted that Bromby, instead, drove Monterroso-Bragg back to the police station, where she was seen by an emergency medical technician. When Monterroso-Bragg was released the following day, she presented to a medical clinic, where burns on her forearm, arm and hand were cleaned and bandaged. She claimed that although the other burns were minor, the most significant was a burn to her left forearm. Monterroso-Bragg alleged that the forearm burn was not determined to be second or third degree, but that it was significant, as it left her with a scar measuring 5 inches to 1 inch. Monterroso-Bragg claimed that she suffered from post-traumatic stress disorder as a result of the incident. She claimed that as a result, she required treatment for over the course of one year. Plaintiff’s counsel noted that Monterroso-Bragg is now well, employed and well-situated.