On Feb. 16, 2007, at approximately 8:30 p.m., plaintiff Donnie Srabian, 68, a farmer, was inside his house when his older brother, plaintiff Martin Srabian, told him he heard a noise outside. As a result, Donnie Srabian, grabbed a gun and opened the door. However, when he exited the house, he was shot by Fresno County Sheriff’s Deputy Frank Harper. Martin Srabian then exited the house and informed Harper that Donnie Srabian was his brother. Harper ultimately reported on his radio that that a subject had pointed a gun at him and that there was another subject who was being uncooperative. As a result, another Fresno County sheriff’s deputy, Robert Carey, arrived on the scene to assist and saw that Donnie Srabian was lying on the ground while Harper still had his gun drawn. Harper and Carey together handcuffed Donnie Srabian, who was still lying on the ground. Donnie Srabian was convicted of brandishing a firearm and acquitted of assault with a deadly weapon. Martin Srabian died of unrelated causes prior to trial. Donnie Srabian, acting individually and as executor of his brother’s estate, sued Harper; Carey; their supervisor, Fresno County Sheriff Margaret Mims; and the police department’s operator, the county of Fresno. He alleged that the defendants’ actions constituted excessive force, battery and a violation of his Fourth Amendment rights. Prior to trial, Mims, Carey and Fresno County were dismissed from the case. Also, several original claims in the lawsuit — including false arrest — were dismissed as well. As a result, the estate of Martin Srabian was dismissed from the suit, and the matter proceeded to trial with Donnie Srabian’s claims against Harper only. Donnie Srabian claimed he grabbed his handgun because he was expecting to confront a burglar, but that as soon as he exited his house, he was blinded by Harper’s spotlight. He alleged that as a result, he could not see Harper or his patrol car, and was shot within two seconds without legal justification. He also alleged that Harper didn’t announce his identity prior to shooting him. In addition, Srabian alleged that after he was handcuffed, Harper dragged him over to an area where an ambulance had parked. Thus, Srabian claimed that Harper used excessive force by shooting him and in the manner in which he was extracted when turned over to emergency medical services. Harper claimed that on the night of the incident, he was responding to a 911 hang-up in a rural area of Fresno County, but was unable to locate the address of the call. He alleged that as a result, he drove down the Srabians’ 300-foot driveway and stopped in front of the house in an effort to locate the source of the call. Harper claimed that after he parked, and while still inside his cruiser, Donnie Srabian ran out of the house wearing a ski mask and carrying a gun. He claimed that when Srabian stopped and appeared to point the gun at him, he was prompted to fire three shots from inside his patrol car, striking Srabian once. Defense counsel argued that Harper acted reasonably and used reasonable force since Donnie Srabian exited his home armed and wearing a ski mask, while pointing a gun at Harper. Counsel also argued that since Harper believed his life was at risk, the use of deadly force was justified. In response, Donnie Srabian claimed that on the night in question, he was actually wearing a knit cap that came down over his ears and around his chin, but did not obscure his face., The trial was bifurcated. Therefore, damages were not before the court. Donnie Srabian was turned over to emergency medical services and was transported to University Medical Center by ambulance. He was treated for a through-and-through gunshot wound. It was determined that the bullet entered his right torso and exited his back, lacerating his liver in the process. As a result, Srabian was given a chest tube and remained hospitalized for five days. At deposition, Srabian claimed that his injury affected his ability to do strenuous labor on the farm, and that he was also unable to go to the gym as he had before the shooting.