On Feb. 16, 2007, plaintiff Melford Wilson was arrested by San Diego Police Officer Ken Davis for an alleged violation of California Penal Code §148(a)(1), obstructing or delaying a peace officer, while police officers attempted to conduct an investigation outside a house on Magnus Way in San Diego. Wilson initially sued the city of San Diego, the San Diego Police Department, Chief of Police William Lansdowne and Officer Ken Davis for a total of nine causes of action. However, prior to trial, Wilson voluntarily dismissed five causes of action and all his claims against the city, the police department and Lansdowne. Thus, the matter proceeded to trial against Davis only. Wilson alleged that Davis’ actions constituted retaliation in violation of the First Amendment, malicious prosecution in violation of the First and Fourth Amendments, false arrest in violation of the Fourth Amendment, and false imprisonment in violation the Fourth Amendment. Wilson alleged that he was his exercising his First Amendment rights when Davis arrested him without probable cause in retaliation of this and caused criminal charges to be brought against him. During trial, Wilson voluntarily dismissed his false imprisonment cause of action against Davis. Davis denied unreasonably arresting Wilson without probable cause or in retaliation of Wilson exercising his First Amendment rights. He also denied that he caused charges to be filed against Wilson for any improper reason., Wilson sought recovery of unspecified damages for his emotional distress related to his false arrest and malicious prosecution.