In September 2014, plaintiffs’ decedent Tommy McClain, 22, a roofer, was confronted by Eureka police officers, who were surveilling McClain’s neighborhood, on Allard Avenue, looking for a “Most Wanted” suspect. Prior to the confrontation, the officers observed an altercation between McClain and a man who had parked his truck across the street. During the encounter, McClain allegedly adopted an aggressive manner and began touching something in his waistband. When the officers saw McClain take what appeared to be a gun out of his pants and “rack the slide,” which is pulling the slide of a semiautomatic pistol back in order to eject an empty cartridge case (if present) from the chamber, the officers decided to confront him. After a short exchange, the officers commanded McClain to put his hands up and come down to the sidewalk. McClain subsequently raised his hands, which were empty, as the gun was in his waistband, and began walking toward the officers. He then lowered his hands once or twice, and each time, he was ordered to keep his hands up. The last time McClain lowered his hands, Officer Stephen Linfoot fired his gun seven times. McClain was struck by three bullets and he ultimately died at the scene. The gun in McClain’s waistband looked exactly like a semiautomatic pistol, but it turned out to be an unloaded pellet gun. There was an audio recording of the incident. The decedent’s parents, Jeanne Barragan and Lance McClain, sued Linfoot and Linfoot’s employer, the city of Eureka. The decedent’s parents alleged that Linfoot used excessive or unreasonable force in violation of McClain’s constitutional rights. Plaintiffs’ counsel contended that the decedent was inebriated, hard of hearing, and had vision problems, as his glasses were broken at the time of the incident. Counsel also contended that the decedent was not reaching for a weapon, but had put his hands down because he thought the officers wanted him to get on the ground. Plaintiffs’ counsel noted that there were varying commands from the officers, so the decedent was hearing conflicting commands, such as “Keep your hands up” and “Get down.” The plaintiffs’ police practices and procedures expert agreed that the pellet gun looked like a semiautomatic pistol, but opined that Linfoot and the other officers were negligent for not being behind their patrol vehicle’s doors, in a protected position, before the shooting, as it would have given them more time to react appropriately to the decedent. The expert also agreed that the commands given by the officers were confusing. Defense counsel contended that when initially confronted by the officers, the decedent responded, “You don’t have a right to search me.” However, counsel contended that the decedent appeared to initially complying with their commands, but then lowered his hands once or twice. Three officers testified that the last time the decedent lowered his hands, he reached for what appeared to be a gun that was stuffed in his waistband. The defense’s police practices and procedures expert opined that the officers’ and Linfoot’s actions were appropriate. The expert also testified that Eureka’s patrol vehicles do not have doors that are protected from ballistics. Defense counsel noted that Eureka’s police technology is not the same as it is in Los Angeles, where the plaintiffs’ expert is from. Defense counsel also contended that the officers did not know of the decedent’s hearing or vision problems and that they did not take cover because the decedent initially appeared to be complying with their commands. Counsel further contended that the officers always stated in their commands for the decedent to keep his hands up, but that the decedent kept lowering his hands, seemingly toward his waistband. The defense’s expert in crime scene reconstruction was able to reconstruct the scene based on the trajectory of the bullets. He testified that although there were witnesses who claimed that Linfoot shot at the decedent when his hands were up, he determined, based on the bullet trajectories and reconstruction of the scene, that the decedent’s arms were in a position that was consistent with reaching for his waist, instead of reaching for the air., Tommy McClain sustained three gunshot wounds and subsequently died at the scene. He was 22 years old, and was survived by his parents. Thus, the decedent’s parents, Jeanne Barragan and Lance McClain, sought recovery of wrongful death damages for the loss of their son.