Allegations:
Clark, a management consultant, and Malandrucco, a graduate student, were dining at a restaurant when they encountered Martinez and two officers — one in plainclothes — who had also been dining at the same location. Malandrucco was getting up to leave when he unintentionally blocked the plainclothes officer's path to the cashier or exit. The officer shoved Malandrucco and glared at him; Malandrucco told the officer he was putting on his coat and that he would get out of his way shortly. Clark and Malandrucco left the restaurant to go to the parking lot, where they encountered the same three officers, who began to yell at them. Clark and Malandrucco attempted to defuse the situation by offering to shake hands and make peace, and by suggesting that everyone go home since nothing had happened. Suddenly and without warning, the plainclothes officer punched Clark and began to repeatedly strike him, throwing him to the ground. Clark did not fight back, but tried to protect himself. Malandrucco attempted to protect Clark, but the officers responded by beating him and throwing him to the ground, where he hit his head against the concrete, knocking him unconscious. While Malandrucco was being beaten, Officer Martinez was guarding Clark. Additional uniformed officers soon arrived at the scene. One of them, Postrelko switched places with the officer who was beating Malandrucco and kicked and kneed him. Malandrucco and Clark begged the officers to helped them, to which one replied, “We're not going to do a thing to those guys,” referring to the other officers. No arrests were made, and all of the officers left the scene without assisting Clark and Malandrucco, who were bleeding. An ambulance took them to the hospital to receive treatment for broken noses, concussions and cuts on their faces.