On the morning of April 15, 2010, plaintiff Daniel Clarke, 19, a volunteer with the Los Angeles County Parks & Recreation Department, arrived at Six Flags Magic Mountain in Valencia. He was accompanied by friends and family, traveling in two cars. When the cars arrived at the park, a gate attendant alerted security that people were smoking marijuana in one of the cars. At approximately 10:30 a.m., Los Angeles County Sheriffs Hector Sanchez and James McGill stopped the cars and all of the passengers exited the vehicles. While the sheriffs were questioning the passengers alleged of smoking, Clarke, who is African American, was overheard saying that the officers had “nothing else to do.” Clarke was ultimately handcuffed and arrested by the sheriffs. He claimed to his head, neck and right side as a result of the arrest, as well as claimed emotional distress from the incident. Clarke was initially charged with assaulting a peace officer and resisting arrest, but the charges were dropped to disturbing the peace. As a result, he performed 20 hours of community service. Clarke (no relation to his attorney, Laurence Clarke) sued sheriffs Sanchez and McGill, as well as their employer, the county of Los Angeles. He alleged that the defendants’ actions constituted excessive force in violation of his civil rights. Clarke contended that after making the “they have nothing else to do” remark, Sanchez turned to him and started to rough him up. He claimed that the sheriffs made him place his hands behind his back and set him against the pavement. Clarke claimed that in the process of getting handcuffed, Sanchez choked him, and that one of the sheriffs kneed him in the back of the head, as well as in his right side. Clarke’s counsel presented an independent witness who videotaped part of the arrest. The witness testified that the video showed Clarke getting slapped in the back of the head by Sanchez and that the sheriffs, specifically Sanchez, were inappropriately aggressive during the arrest. The defendants denied Clarke’s claim that excessive force was used during his arrest. Sanchez and McGill claimed that Clarke was being antagonistic and verbally aggressive after making the remark, and then pulled away when they tried to handcuff him. Thus, they claimed that any force used in handcuffing Clarke, who was resistant, was appropriate., Clarke was taken for an examination before being booked by the County Sheriff’s Department. He claimed soft-tissue to his head, neck and right side. Clarke claimed that while his physical resolved within weeks, he still suffers from emotional distress, in that he becomes anxious whenever he sees police. Thus, Clarke sought recovery of an unspecified amount in general damages. Defense counsel contended that an appropriate amount of force was used during the arrest and that the sheriffs did not cause Clarke’s alleged emotional distress.