On May 5, 2010, plaintiff Derrick Simpson, 48, a car salesman, was near his car outside of his Compton home when he was stopped by Los Angeles County Deputy Michael Haggerty, who had been driving by. During the encounter, Simpson was ultimately taken to the ground before being placed under arrest. Haggerty later recovered a bag of marijuana from the trunk of Simpson’s car. He also searched Simpson’s home and confiscated 12 marijuana plants, a vacuum sealed bag of marijuana, a scale, a Glock gun case and a stolen computer. As a result, Haggerty arrested Simpson for resisting, delaying or obstructing a peace officer in violation of Penal Code § 148, as well as for possessing and cultivating marijuana for the purpose of sale in violation of two Health & Safety Codes. Simpson, whose criminal case was dismissed by the District Attorney’s office, claimed emotional distress from the incident. Simpson sued Haggerty and the deputy’s employer, the county of Los Angeles. Simpson alleged that Haggerty’s actions constituted excessive force and illegal search and seizure, and that the county was liable for Haggerty’s actions. Simpson contended that Haggerty drove down his street, exited his police cruiser, and accosted him on the street for no reason. He claimed Haggerty then took him down to the ground and choked him with his collar while he handcuffed him. In addition, Simpson claimed Haggerty illegally searched his home, since the deputy did not possess a warrant to enter the premises. Haggerty claimed that as he drove past Simpson outside, he observed Simpson holding a large bag of marijuana and tossing it into the trunk of his vehicle. Haggerty claimed that when he approached him, Simpson became hostile and uncooperative, as well as failed to comply with his orders, causing him to place Simpson under arrest. However, he alleged that he had to hold Simpson by his collar against the ground on his stomach because Simpson began to flail his shoulders and further resist while being handcuffed. Haggerty further claimed that during the incident, Simpson’s son came out of the house and attempted to access the trunk of his father’s vehicle, which led to the son being detained as well. In addition, Haggerty claimed that he had probable cause to search Simpson’s home after the marijuana was found in the trunk combined with a background check on Simpson’s son revealing that he was under formal probation and the deputies being advised that the son lived at the residence., Simpson contended that he suffers post-traumatic stress disorder as a result of the incident/arrest. Thus, he sought recovery of $800,000 in general damages. He also sought recovery of punitive damages under Civil Code § 52.1, for Haggerty’s alleged threats, intimidation and coercion. Defense counsel contended that the incident/arrest did not cause Simpson to suffer PTSD, arguing that it was not a traumatic event and no excessive force was used by Haggerty.