At around 10 p.m. on Oct. 18, 2012, plaintiff Morgen Johnson, 44, a licensed contractor, was with his wife at their home in an unincorporated area of El Cajon when he became upset while talking to his wife. Subsequently, at around 11 p.m., the police were called by a neighbor who reported that she was awoken to the sound of a man and woman screaming and that the man sounded angry. Three deputies from the San Diego Sheriff’s Department, including Deputies Richard Meharg and Kenneth Feistel, responded to the “unknown trouble/domestic violence” call and could hear Johnson yelling upon their arrival. Johnson’s wife then met the deputies in the garage, and she told them that everything was fine and that she was not injured. Johnson, who is 6 feet, 7 inches tall and 190 pounds, came into the garage from the kitchen wearing only his shorts and allegedly told the deputies that they were not needed and that they should leave. Meharg then commanded Johnson to turn around and approached Johnson for handcuffing. A struggle ensued, causing Feistel to intervene. Feistel ultimately deployed a canine on Johnson and Meharg struck Johnson on the head before being able to place handcuffs on Johnson. The District Attorney’s Office filed criminal charges against Johnson, and a Superior Court judge found probable cause to bind Johnson over for trial on charges of resisting arrest. However, Johnson was ultimately acquitted of all charges. Johnson sued Meharg; Feistel; and the deputies’ employer, the county of San Diego. Johnson alleged that the deputies’ actions constituted false arrest and excessive force and that the county was liable for the deputies’ actions. Johnson’s wife, Zana Licht, was originally named as a plaintiff, but she was later dismissed from the case. The county was also dismissed, and the matter continued with only Johnson’s claims against Meharg and Feistel. Johnson admitted that on the night in question, he acted like “a volcano inside, erupting,” prior to the deputies arriving at his home. He claimed he slammed four surfboards against a wall, and destroyed a computer, a metal desk, and other property in his bedroom, cutting his hand during the 45-minute episode. However, he claimed that he did not harm his wife and that his outburst was triggered because he was not present for the passing of his cat three weeks earlier. Johnson also admitted that the deputies had a right to detain and handcuff him because they reasonably suspected that domestic violence might have occurred inside the home, or that someone inside might have needed emergent medical aid. However, he claimed that he did not hear Meharg’s command to turn around. Johnson also claimed that he was unarmed and that the deputies shined flashlights on him and could see that he had nothing in his hands at the time of the incident. He further claimed that throughout the encounter, he was not fighting or resisting. Thus, Johnson contended that the deputies attacked him, and used force against him that was unnecessary and excessive. Defense counsel contended that the neighbor told the 911 operator that she heard “a man screaming uncontrollably,” using profanity, and “beating something” within Johnson’s residence, which was over 100 feet away. The neighbor also reported that a woman could no longer be heard from inside the residence. Meharg and Feistel claimed that when they arrived at the scene, Johnson could be seen pacing back and forth at the end of a hallway and that Johnson ignored them and would not respond to repeated commands to come outside. They also claimed that Johnson was seen washing his hands and suddenly walking at a brisk pace toward the door where his wife was speaking to a deputy outside. They further claimed that after exiting his home, Johnson told them, in loud and angry tones, that they had no right to be there and that they must leave the property. Johnson also instructed his wife to come inside the house. Meharg and Feistel alleged that Johnson’s actions further raised suspicions of domestic violence and that Johnson eventually assumed a fighter’s stance and confronted the three deputies. Defense counsel contended that although Johnson claimed that he did not hear Meharg’s command to turn around, the command was heard by Johnson’s wife, who was standing five feet away. Meharg and Feistel claimed that as Johnson was approached for handcuffing, Johnson swung his elbow over the head of Meharg, which caused Johnson and Meharg to fall and struggle on the ground. They alleged that Johnson then grabbed Meharg’s arm and clothing, and attempted to strike Meharg with his fists. Feistel claimed that he eventually intervened when it appeared to him that Johnson was gaining an advantage over Meharg and that he used a canine in an attempt to gain compliance so that Meharg could place handcuffs on Johnson. The deputies further claimed that toward the end of the encounter, Johnson grabbed Feistel’s upper leg, near a holstered duty weapon, which caused Meharg to strike Johnson’s head out of fear for the safety of the deputies and Johnson. Meharg was only then able to place handcuffs on Johnson. Thus, defense counsel argued that the deputies reasonably perceived that Johnson was assaulting Meharg and that Johnson was continuing to resist the deputies’ efforts to gain compliance for placement of handcuffs. Counsel also argued that the deputies reasonably feared for their safety when Johnson grabbed Feistel’s leg in close proximity to Feistel’s duty weapon. As such, defense counsel argued that the deputies used only the degree of force needed to handcuff Johnson and that Johnson was the aggressor from the beginning of the use of force to the end. In response, Johnson claimed that he did not grab Feistel’s leg at any point during the incident., Johnson suffered multiple dog bite , and fractures to his face and ribs. He also suffered a collapsed lung (pneumothorax). Johnson required numerous stitches and staples to treat the dog bite . He also required surgery to treat his facial fractures. Johnson claimed that he suffered severe pain as a result of his and that he is left with permanent physical scars. He also claimed that he suffered from emotional distress as a result of the incident. Thus, Johnson sought recovery of more than $100,000 for his past medical costs, and past and future physical pain and emotional suffering.