On Dec. 7, 2009, plaintiff Danilo Molieri was with his girlfriend in a parked vehicle when Marin County sheriff’s deputies approached the vehicle. The sheriff’s deputies were responding to a 911 call from two witnesses who reported seeing an alleged altercation between Molieri and a female passenger in the parked car. Molieri was ultimately arrested and jailed as a domestic violence aggressor. In addition, an emergency protective order was issued against him, which barred contact between Molieri and his girlfriend. Molieri claimed that during his arrest, he was pushed against the patrol car, kicked, and held for several hours at a substation, where his requests to contact his attorney were denied. He also claimed his requests for medical treatment were ignored. After he was released, Molieri contacted his girlfriend and that when officers found out, he was arrested again. Molieri claimed the officers went to his home while his son was present and search it without producing a warrant. The officers ultimately confiscated two handguns registered to Molieri and then booked Molieri into custody for violating the protective order. Molieri sued the county of Marin, Marin County Sheriff’s Sergeant J. Scardina, then-Sheriff’s Deputy Eric Richardson, Sheriff’s Deputy Bondanza, the city and county of San Francisco, San Francisco Police Sergeant R. Cox, San Francisco Police Sergeant O’Malley. Molieri alleged that the defendants’ actions constituted violations of his Fourth Amendment civil rights. He alleged that the officers’ actions constituted illegal entry, unlawful arrest, and assault and battery, and that the county of Marin and the city and county of San Francisco failed to properly supervise, train and discipline the officers. Molieri claimed that when the deputies approached his vehicle, they asked him if he hand any weapons on him, to which he said ‘no.’ He also claimed that he told the deputies that his girlfriend had just punched him in the face, but that the officers arrested and jailed him as the domestic violence aggressor. Molieri further claimed that he was cooperative when the sheriff’s deputies approached him in the car, but that the sheriff’s deputies treated him roughly by pushing him against the patrol car, kicking him, and holding him for several hours while his requests for an attorney and medical treatment were ignored. Molieri claimed that after he was released, he only contacted his girlfriend to ask for documents that he needed to cancel their planned vacation and so that she could repay the loan he made with her, but that officers arrested him the following day because of this contact. He also claimed that the officers went to his home while his son was present and refused to produce a warrant, despite his requests to see one. In addition, he claimed that after the officers confiscated two handguns that were registered under his name, he was unlawfully arrested without a warrant. Defense counsel denied Molieri’s allegations, and contended that Molieri’s girlfriend was the one who informed law enforcement authorities that Molieri had contacted her in violation of the protective order. Counsel further contended that Molieri allowed the officers to enter his home and that all actions by the defendants were legally justified., Danilo Molieri claimed that he was roughly pushed against the patrol car, causing a dislocation of a shoulder. He also claimed that he was kicked, which aggravated his knee condition, which was surgically repaired prior to the incident. Thus, Molieri sought recovery of damages for his emotional distress and physical from the incidents. Molieri’s son, Daniel Molieri, also sought recovery for emotional distress as a result of the officers searching his house.