Allegations:
Johnson, a private security guard, was stuck in traffic on his way home from work. An SUV honked at him, then aggressively maneuvered in front of him, blocking his car. Johnson thought his car had been bumped and got out to inspect it for damage. When the SUV's driver, Officer Bartell, and his son exited the SUV and approached Johnson, he asked Bartell why he had blown his horn despite the traffic jam. Bartell told Johnson to get back in his car “if you know what's good for you.” Johnson continued to question Bartell, who then said he was a police officer. Since Bartell would not produce his badge or identification, Johnson did not believe he was an officer, and the men began to argue. Bartell and his son started punching Johnson. As Johnson tried to defend himself, his gun fell on the ground, and Bartell picked it up. Eventually Bartell told his son to stop hitting Johnson. Bartell then told Johnson he was required to take the weapon to a police station, and that Johnson would have to get his gun back later. Bartell and his son left with Johnson's gun. Johnson called 911 to report that a man claiming to be a police officer had taken his gun, and was advised to stay at the scene. Officers arrived and took Johnson to the police station. At the station, Johnson explained to several officers what had happened. After about three hours, they arrested him. Police then took Johnson to a hospital for treatment of his injuries. He was charged with aggravated battery, aggravated unlawful use of a weapon and resisting or obstructing a peace officer. At Johnson's trial, Bartell testified falsely that Johnson had started the fight and had pointed his gun at him. Johnson was found not guilty of the felony charges, but was found guilty of a misdemeanor.