On July 27, 2012, plaintiff Jeffrey Navarro, 41, a mentally and physically disabled man, was thought to be a suspect in the theft of a cellular telephone charger. The theft occurred at a Verizon store on Blanding Avenue, in Alameda. Alameda Police Sergeant Patrick Wyeth spotted Navarro nearby, on the 2500 block of Clement Avenue, and believed that Navarro matched the description of the suspect. As a result, orders Wyeth ordered Navarro to stop, but he refused and fled on a bicycle. As a result, Wyeth confronted Navarro and struck him with a police baton. Navarro was subsequently arrested for resisting arrest, but no charges were filed against him. No phone charger was found on Navarro, and the incident was captured on a personal body camera worn by Wyeth. Navarro claimed he suffered to his left arm and right elbow. Navarro sued Wyeth and Wyeth’s employer, the city of Alameda. Navarro alleged that Wyeth’s actions constituted excessive force in violation of his civil rights and constituted a violation of the Americans with Disabilities Act. He also alleged that the city was liable for Wyeth’s actions. Plaintiff’s counsel contended that Navarro posed no threat and was unarmed. Thus, counsel asserted that Wyeth’s use of force was excessive. Defense counsel asserted that Wyeth acted reasonably in the detainment and arrest of Navarro. Counsel contended that Wyeth could be heard on the video whistling at Navarro to stop and warning Navarro not to flee. Counsel further contended that at one point Wyeth could be heard saying, “You better stop. Otherwise, you’re going to get hurt. I don’t want to hurt you.” However, defense counsel asserted that an internal investigation determined that Wyeth’s actions were in accordance with Alameda Police Department training and policy., Navarro sustained fractures of his left arm and right elbow. He was subsequently taken to Alameda Hospital, in Alameda, and stayed in a rehabilitation facility for four months. Navarro ultimately had pins and screws placed in his left arm, while his right elbow healed on its own. Navarro claimed that he suffers a loss of range of motion to his arms as a result of his . He alleged that his limitations include not being able to use both hands to eat or use the bathroom.