one of the officers, kim tihan, allegedly struck him in his head with a closed fist and hit him in the handcuffs. davis testified, quote, they started hitting me. i was getting hit. and i just covered up. davis insisted he be photographed to document the beating. a warning, the photo is graphic. davis said another officer ki kicked him in the head at which point he suffered a concussion and almost passed out. davis had been arrested for an outstanding warrant, but the police had the wrong suspect, one with a different middle name and social security number. davis was held several days before being charged with four counts of property damage for bleeding on the police officers' uniforms. he filed a civil suit. in december, the claim was thrown out. his lawyer is appealing the ruling. joining me now is henry davis's lawyer. james shuttle is preparing an appeal on his behalf. thank you for being here. >> no problem. thank you for having me, al. >> his first civil suit was thrown out. what do you think mr. davis's chances are of winning the appeal? >> the rulings by judge baker, we felt th