In February 2009, plaintiff Gary Arden, 42, a manager for Smarte Carte, the company that runs the automated cart rentals at the San Francisco International Airport, was being investigated for embezzlement by Frank Kastell, a detective with the Airport San Mateo County Sheriff’s Office. Arden alleged that Kastell fabricated evidence, which Kastell recorded in a police report and delivered to the San Mateo County District Attorney. As a result, in April 2009, Arden was prosecuted for embezzlement from Smarte Carte. Arden was not convicted, but he was prosecuted until November 2009, when the case was dismissed by the District Attorney’s Office. Arden sued Kastell; Smarte Carte Inc.; and several others, including Linard Davis, Airport Travel Agency Inc., Alla Serdyuchenko and Ron Brigham. Another individual, Romeo Fernando, was later added to the case. However, Fernando, Smarte Carte, Serdyuchenko and Brigham were dismissed in exchange for a waiver of costs. In addition, Davis and Airport Travel Agency settled out of the case. Thus, the matter continued solely against Kastell for violations of Arden’s 42 USC § 1983 civil rights. Plaintiff’s counsel argued that Kastell violated Arden’s civil rights by fabricating evidence of Arden’s guilt. Counsel contended that Kastell falsified statements made to him by several independent witnesses. Kastell denied fabricating evidence and contended that his report was truthful. This was corroborated by his partner, as well as by video evidence. Defense counsel contended that there was security video from San Francisco International Airport, which showed Arden’s suspicious activities, but did not conclusively show Arden putting money into Smarte Carte automated-cart-dispensing machines nor did the video conclusively show cash not going into the machine. However, defense counsel argued that Arden’s explanations as for why he had $109 in crumpled small bills in his pants pocket were unconvincing. Counsel also argued that Smarte Carte personnel testified that Arden’s job required him to roam through the airport, not stand by the busiest cart-dispensing machine in the airport, and that Arden was not permitted to handle cash or give out luggage carts, as he was doing., Arden claimed he suffered economic damages in the form of approximately $12,000 in lost wages while he was being prosecuted and $42,000 in attorney fees due to his need to defend the criminal charges. He also claimed he suffered non-economic damages in the form of humiliation, emotional suffering, and distress. Arden claimed that as a result, he was somewhat depressed, causing him to eat junk food, but that he never sought treatment. Defense counsel disputed Arden’s damages claims. Counsel stipulated that the attorney fees in the underlying criminal case were actually incurred, but denied Kastell was responsible.