At around 2 a.m. on Aug. 24, 2013, plaintiff Roger Mielke, 54, was awakened by his stirring dog and walked out of his bedroom at his residence located in the 7700 block of Garfield Avenue in Huntington Beach. As he exited his bedroom, he found Huntington Beach Police Officers Bernard Atkins and Jason McFall in his living room, looking around. Mielke sued the Atkins; McFall; and their employers, the city of Huntington Beach and the Huntington Beach Police Department. Mielke alleged that the officers’ entry into his apartment was unlawful in that the officers did not hold a warrant and that no exigent circumstances existed to justify the officers’ entry without a warrant. The case continued against the officers only. Mielke claimed that when he confronted the officers inside his apartment, Atkins directed him to “[t]urn off your loud radio.” Mielke alleged that, upon hearing the radio, he explained to Atkins that the radio noise was coming from an apartment in the adjacent building. He also claimed that Atkins then said, “control your dog or I’ll shoot him.” Mielke alleged that he attempted to explain that the dog was docile, but that Atkins responded that he did not care and again threatened to shoot the dog. Less than two minutes after initially entering, the officers turned and left. Mielke claimed that at no time while in his home did the officers ask him who he was, whether he lived there, who else was home, or whether he or anyone else present in the apartment was in need of medical attention. Plaintiff’s counsel contended that the officers entered Mielke’s home on the mistaken belief that the loud radio was located there — an entry that would not be permitted by law. Thus, counsel argued that the officers violated Mielke’s Fourth Amendment rights by entering the residence without a search warrant. Atkins and McFall claimed that they entered Mielke’s residence under the ‘community caretaking’ exception to the warrant rule (see State v. Ray) to undertake a “welfare check” after finding the front door to Mielke’s apartment open. They further claimed that at the time of the subject event, they were investigating a disturbance claim regarding a loud radio at an adjacent building and that it was during their investigation and search for the radio that they stumbled upon Mielke’s open door. The open-door claim was refuted by Mielke. Plaintiff’s counsel also noted that the claim that the front door was open was disputed by Mielke’s roommate, and contended that, prior to entry, the officers conducted no investigation to determine whether it objectively appeared that anyone inside was in need of immediate medical attention or that a crime was afoot., Mielke claimed to have suffered emotional distress for one or two months as a result of Atkins threatening to shoot his dog. Thus, Mielke sought recovery of damages for his emotional distress and for the civil rights violations. He also sought recovery of punitive damages.