David McBay v. Scott Mackdanz, Kevin Paugh and Sgt. Matthew Bacon

David McBay sued Scott Mackdanz, Kevin Paugh and Sgt. Matthew Bacon others for excessive use of force during an arrest that occurred in December 2000. McBay, 45, claimed that he tried to tell the officers he had permission to be in the home at 1102 N. Lemon Ave. and begged them to call the homeowner. Instead the officers handcuffed him, and Mackdanz threw him face-first onto an asphalt driveway. Seventeen 17 stitches to his nose and chin were required and his shoulder was badly injured. McBay claimed that his injuries prevented him from working for months after the incident and that he had to live out of a camper while fighting criminal charges for resisting arrest. The San Mateo County District Attorney's Office dismissed the criminal case against McBay after a jury deadlocked 9-3 in his favor. In March 2003

The defendants claimed that McBay was intoxicated and became combative.