On June 22, 2010, plaintiff’s decedent, Daniel Sylvester, 35, a nearly 300-pound, mentally-ill man, woke up early in the morning exhibiting symptoms of his illness due to a recent medication change. Unable to reach the mental health institution, which was not yet open, Sylvester called 911. However, when police officers from the county of Del Norte police department arrived, Sylvester retreated into the house. The police officers subsequently entered the house and shocked Sylvester with a Taser, but Sylvester became unresponsive and died at the scene. Sylvester’s mother, plaintiff June Sylvester, witnessed the incident from a short distance away. Ms. Sylvester sued the police officers’ employer, the county of Del Norte. Ms. Sylvester alleged the county was liable for the excessive force used by Sergeant Allen Dubreuil and Deputy Frank Villareal, causing her son’s wrongful death. She also sued the manufacturer of the Taser used, Taser International Inc., but ultimately elected to not proceed on her claims against the Taser International. Plaintiff’s counsel contended that the decedent was unarmed, that Officers Dubreuil and Villareal were aggressive and confrontational when they arrived at the house, and that the officers immediately threatened the decedent with a Taser, causing him to retreat into the house. Counsel also contended that the officers forced open the door without a warrant and charged into the house. Plaintiff’s counsel noted that a download from Villareal’s Taser indicated that the trigger was pulled at least 10 times in the course of the incident. Although, the parties disagreed as to what inferences could be drawn from the Taser download, plaintiff’s counsel contended that the decedent was shocked with the Taser at least six times when he was face down on the ground, not assaultive, not combative and not resistive. Counsel further contended that Dubreuil was on the decedent’s back and repeatedly instructed Villareal to “Tase him again,” resulting in Villareal shocking the decedent for a total of 37 seconds during a 54-second period. Dubreuil and Villareal claimed that upon entering the house, the decedent vigorously assaulted them, punching them and knocking them to the ground. They claimed that as a result, they required hospitalization following the incident. They further claimed that the Taser was not effective for more than two five-second cycles. In addition, Dubreuil and Villareal claimed that the Taser was used in self-defense and was a reasonable use of force under the circumstances., Daniel Sylvester was shocked with a Taser multiple times and died at the scene. His family claimed that the multiple shocks caused the decedent’s death. Mr. Sylvester was survived by his mother, Ms. Sylvester, whom he was living at the time, as well as by his brother and his sister. The decedent was 35. Ms. Sylvester sought recovery of survival damages, wrongful death damages, punitive damages, and attorney fees under federal and state law. Defense counsel argued that Mr. Sylvester’s death was caused by “excited delirium syndrome,” resulting in cardiac or respiratory arrest, and not by the officers’ use of the Taser, which was supported by the testimony of the medical examiner and the autopsy report.