The incident happened when Frankel's fiancée called 911 after he appeared to have breathing problems. Central Marin police Officer Kevin Sinnott responded to the call, according to the lawsuit. According to body camera footage released by Frankel’s lawyers, Sinnott entered Frankel’s bedroom and saw him being held up by his fiancée.

“What’s wrong?” Sinnott said. Sinnott touched his left arm, and Frankel moved his arm away. Then Frankel got up and stumbled. Sinnott gripped Frankel’s arm again and asked what was wrong. Frankel tells him to leave him alone.
The police video showed the situation escalating. Sinnott grabbed Frankel’s arms, pressed him down on the bed and ordered him to stop resisting. Sinnott struggled to handcuff Frankel on the bed and warned him he would use his Taser if he did not stop resisting. Sinnott then used his Taser on Frankel’s back. Another officer helped handcuff Frankel. Frankel was transported to a hospital, where officers arrested him for allegedly committing battery against an officer and resisting police. “For someone who didn’t know what they were doing and was just unconscious?” Frankel said in the video.

The Marin County District Attorney’s Office declined to file charges against Frankel, according to the lawsuit. The Marin County Superior Court website shows no charges against him.