OPPOSITION PAGE 2 OF 17 09-cv-01024 (PR) RS
excessive and unreasonable.
When the events at issue in this case took place, Plaintiff was in hisapartment, resting in bed while suffering from an acute sinus infectionfor which he was under the care of a physician.Shortly before Defendant Flores’ arrival, Plaintiff’s roommate, Mr.Long Thang Cao, received a phone call from the defendant, which servedas a prearranged signal to him to open both the apartment and apartmentbuilding doors. As Mr. Cao opened, and left open, both doors, DefendantFlores yanked Mr. Cao outside and then entered the apartment buildinghallway.According to Mr. Cao’s testimony in a related criminal proceeding,Defendant Flores yelled to plaintiff to exit his apartment, whichplaintiff did immediately. At no time did plaintiff yell at DefendantFlores, nor did Defendant Flores knock on or request that plaintiffopen his already open apartment door, nor did Defendant Flores identifyhimself or announce his intention to arrest the plaintiff -- all factscorroborated by Mr. Cao under oath, and, in part, by Defendant Flores inthe same proceeding.Plaintiff, who had been sleeping as a result of an illness, and who wasawakened suddenly by the shouting of the defendant and the brandishing ofguns, which left him in a confused and disoriented and intimidated state,asked the defendant to identify himself, due to the fact that the lightsin the apartment building hallway were turned off and ashlights wereshown directly in plaintiff’s eyes, rendering plaintiff unable to ascertainvisually the identity of the defendant as a police ofcer.Without complying with plaintiff’s request, and without warning,