On July 6, 2010, plaintiff John Stephens, 80, appeared for jury duty at the San Diego County Courthouse, Hall of Justice. However, he was ultimately taken down and arrested at the weapons screening station by Deputy Sheriff Scott Hill. Stephens sued Hill; Hill’s supervisor, San Diego Sheriff William Gore; and Hill’s employer, the county of San Diego. The matter proceeded to trial against Hill only. Plaintiff’s counsel alleged that Hill’s actions constituted excessive force and unlawful arrest in violation of his constitutional rights under 42 USC § 1983. Defense counsel contended that Hill’s use of force was justified and that the arrest was lawful. Counsel noted that most of the incident was captured on video and that a still shot taken from the video showed that Stephens grabbed Hill., Stephens claimed that he suffered embarrassment and humiliation as a result of the incident. He subsequently sought counseling for his emotional distress. Thus, Stephens sought recovery of emotional distress damages and arrest-related expenses.