In this case, the ACLU represented Richard Chavez, who on May 5, 1981, was stopped outside of a pizza parlor in Fremont, CA, on suspicion of being a public exhibitionist, based on a police composite that an Officer Berinski had seen. Berinski was the man who questioned Chavez and who eventually performed the arrest. He called for assistance, and asked Chavez if he could search his car. Chavez consented, and Berinski found jogging clothes, which he believed to be the clothing of the man in the composite. They then photographed him without his consent, and distributed the photo within the Fremont Police Department, as well as to "persons unknown to Mr. Chavez."

The ACLU argued that Chavez had been search and questioned without probable cause, and that he had ben "detained for an unreasonable amount of time, culminating in his arrest." They alleged "loss of liberty, false arrest, humiliation and degradation, loss of reputation, invasion of personal security and privacy," and "emotional distress." They sought an award of attorney's fees, which they received.