On Dec. 5, 2009, plaintiff Sean Kensinger, 34, a self-employed landscape contractor, was driving in Eureka with two of his friends when another motorist saw him weaving on the highway and called 911 to report a drunk driver. California Highway Patrol Officer Paul Craft was the first officer to contact Kensinger and his friends, but during the interaction, Craft shocked one of Kensinger’s companions with a Taser when he refused to obey commands to show his hands. Officer Jeff Goodwin, who responded to the scene shortly after Craft, ultimately arrested Kensinger for driving under the influence of alcohol. Kensinger claimed that during the arrest, Craft struck him several times on his left arm with a PR-24 baton, his left non-dominant arm and elbow. He also claimed that several other law enforcement officers were at the scene and that one of those unidentified officers kicked him. Kensinger sued Craft; Goodwin; and their employer, the California Highway Patrol. He alleged that the officers’ actions constituted excessive force and that the CHP was vicariously liable for their actions. The court ultimately granted Goodwin’s motion for summary judgment and dismissed him from the case after Kensinger testified during his deposition that Goodwin did not hit or kick him. The CHP was also dismissed from the case on 11th Amendment grounds. Thus, the matter went to trial against Craft only on grounds of excessive force. Defense counsel noted that at the jail, Kensinger’s two breathalyzer tests returned blood alcohol readings of .22 and .20. Thus, counsel contended that Kensinger and his companions were drunk and uncooperative during the encounter. Defense counsel also relied on the testimony of the motorist who had called 911 to report Kensinger and witnessed the entire law enforcement contact and arrests. The motorist claimed that the officers behaved reasonably, that Kensinger and his companions were uncooperative, and that no one struck Kensinger with a baton or anything else. Kensinger’s friend, who was also arrested at the scene, also testified that he did not see Craft strike the plaintiff. Additionally, Goodwin testified that it was he, not Craft, who had taken Kensinger to the ground and arrested him., Kensinger did not seek medical treatment until four days after the incident, when he was seen at the emergency room of Kaiser Permanente – Fremont. He then returned to Kaiser Permanente for two additional visits to treat pain and discomfort in his left elbow. However, Kensinger did not seek recovery of any medical expenses at trial. Kensinger claimed that the blows from Craft’s baton caused him to develop tendinitis in his left elbow. Thus, he sought $30,000 in lost income for the six months that he could not conduct his landscaping business due to pain and discomfort in his left elbow. Kensinger also claimed that he suffered severe emotional distress as a result of the incident, causing him to experience significant anxiety when in the presence of law enforcement officers. He further claimed that he suffers from recurring nightmares, restless sleep and depression. However, Kensinger did not receive treatment from any mental health professional for his alleged severe emotional distress. The defense’s expert orthopedic surgeon testified about the photographs of Kensinger’s arm that the plaintiff introduced into evidence. The expert opined that even though Kensinger claimed the photos were taken two days after the incident, they actually showed that were already one to three weeks old.