On March 21, 2009, plaintiff Timothy Slappy, 51, a sales person who was on probation for a 2008 conviction of being under the influence of a controlled substance, was in his home’s driveway with a woman when he was stopped by Robert Harris, who was, at the time, a Costa Mesa police officer. Harris eventually began to search Slappy, and told him to sit on the curb and take out everything out of his pockets. After moving in front of him, Harris then aimed his flashlight on a white substance on the ground. Slappy was subsequently arrested on suspicion of possession of cocaine. Slappy claimed that he accepted a plea bargain and a conviction, but months after his conviction, he learned the white substance was not cocaine and that laboratory results on the substance had been completed weeks before he struck a deal with prosecutors to plead guilty to the charge. Slappy sued Harris and the city of Costa Mesa for violations of his civil rights and false imprisonment. Slappy claimed that Harris planted the substance on him on the night of March 21, 2009. He also claimed that he ultimately took a plea deal when he saw he could face jail time, assuming he would not be able to prove the evidence was planted. Defense counsel contended that an investigation of Harris’ conduct was conducted and the officer was subsequently terminated from his position. Counsel also contended that once Harris’ misconduct was discovered, appropriate actions were taken, including terminating Harris from his position., Since the March 2009 arrest, Slappy has successfully petitioned to have the conviction sealed and destroyed from his criminal record. Slappy sought recovery of more than $1 million for the emotional distress he suffered as a result of the false imprisonment and violation of his civil rights.