Facts

On April 21, 2006, plaintiff Mark McAfee attended a DMV administrative hearing for his daughter, Kaleigh McAfee. The hearing concerned the suspension of Kaleigh McAfee's driver's license after she had been arrested for suspicion of driving under the influence. Defendant Officer Greg Makel was the arresting officer and testified at the hearing. During the hearing, Makel alleged that Mark McAfee threatened him. Thereafter Mark McAfee was placed under arrest by Makel and his partner, defendant Officer David Salcido, after a McAfee allegedly pushed Makel in the courthouse hallway.

Mark McAfee filed suit for a violation of his Fourth Amendment rights.

PLAINTIFF'S CONTENTIONS:
Mark McAfee contended that Makel and Salcido had no grounds to arrest him and violated his civil rights in doing so. Mark McAfee denied threatening or pushing Makel. Mark McAfee argued that Makel and Salcido used excessive force in effectuating his arrest.

DEFENDANTS' CONTENTIONS:
Makel and Salcido countered that Mark McAfee threatened Makel during the hearing as he was upset over Makel's testimony concerning Kaleigh McAfee. Makel and Salcido argued that Mark McAfee subsequently pushed Makel, which justified the arrest.

Result

Defense verdict.