On July 21, 2012, at approximately 4 p.m., plaintiffs’ decedent Manuel Diaz, an unemployed 25 year old, was in an alleyway near Anna Drive and La Palma Avenue in Anaheim when he looked in the direction of a vehicle containing two Anaheim police department officers. He then began to run toward a gate leading from the alley to an apartment courtyard. As a result, the officers pursued him by foot. When Diaz suddenly slowed down and began to turn back toward the officers, Officer Nick Bennallack fired two rounds. One round struck Diaz in the right, upper buttock area and the second round struck him along the right side of his head. Diaz ultimately died from his . The decedent’s mother, Genevieve Huizar; stepfather, John Huizar; and older sister, Lupe Diaz, sued Bennallack; the Anaheim Police Department; Bennallack’s supervisor, Chief John Welter; and Bennallack’s employer, the city of Anaheim. The decedent’s family alleged that Bennallack’s actions constituted excessive force in violation of the decedent’s due process rights under 42 U.S.C. § 1983. They also alleged that the county, police department and Welter were negligent in the hiring, retention and training of Bennallack in violation of the Monell doctrine and 42 U.S.C. § 1983. Plaintiff John Huizar and defendants Welter and the Anaheim Police Department were ultimately let out of the case. Thus, the matter proceeded to trial with the claims of the decedent’s mother and older sister against Bennallack and the county only. Plaintiffs’ counsel contended that Bennallack never saw a gun or anything that looked like a gun in the decedent’s hands and, thus, there was no justification for the shooting of an unarmed man in the back. Thus, counsel argued that the shooting of the decedent, who only ran away from the officers, was excessive and without probable cause. Counsel contended that Bennallack should have used a Taser, rather than deadly force, which is only to be used in the direst of circumstances and as a last resort. Plaintiffs’ counsel further contended that the officers should have sought “cover” behind the corner of the apartment building, rather than continued the foot pursuit into an open area where the decedent could shoot them (if he had a weapon). Bennallack claimed he saw the decedent toss a black cloth bag to his left, over a rod iron fence, simultaneously with the firing of the first round. It is unknown what may have been inside of this black bag, as it was never located after the shooting. Thus, Bennallack claimed he shot in self-defense. Defense counsel contended that Bennallack and the other officer were patrolling an area of Anaheim with a history of criminal street gang activity, including various weapons and narcotics violations, when they drove their unmarked patrol unit into an alley and noticed a vehicle parked ahead of them with individuals standing on each side of the vehicle and someone behind the wheel in the driver’s seat. Counsel further contended that, believing they may have interrupted possible criminal activity, the officers proceeded southbound in the alley, intending to initiate a consensual encounter with the individuals. However, as they came to a stop, the decedent looked in the officers’ direction and then immediately began to run toward a gate leading from the alley to an apartment courtyard. Defense counsel contended that the officers initiated a foot pursuit of the decedent because they believed that headlong flight in a high crime area gave rise to reasonable suspicion. Counsel noted that, at the time, the decedent appeared to be dressed similar to a gang member from the area and appeared to be holding a large object in his front waistband area, below his baggy t-shirt. Counsel contended that as the officers pursued Diaz, they continued to shout commands, including “stop,” “get down on the ground,” and “show me your hands,” but that the decedent ignored all of the officers’ commands. Defense counsel argued that as they ran, the decedent continually looked over his shoulder behind him to see where the officers were located, causing Bennallack and the other officer to believe that the decedent was acquiring a target. Rather than run through a gate to the street, the decedent ran around a corner of the apartment building and into an enclosed courtyard area with no exit. Suddenly, Diaz slowed down and began to turn back toward Bennallack and the other officer. Defense counsel argued that, believing the decedent was arming himself with a firearm and intending to shoot the officers, Bennallack appropriately fired two rounds in self-defense., Manuel Diaz sustained one gunshot wound to his right, upper buttock area and a second gunshot wound along the right side of his head. He was subsequently transported to University of California, Irvine Medical Center (UCI Medical Center), in Orange, where he was ultimately pronounced dead. He was 25 years old. The decedent is survived by his mother, stepfather and older sister. Thus, the decedent’s mother and older sister sought recovery of wrongful death damages. Plaintiff’s counsel asked the jury to award between $4.5 million and $6.5 million in total damages.