On June 8, 2011, plaintiffs’ decedent Ernesto Duenez Jr., 35, was wanted for violating parole. As Duenez was getting out of a pickup truck, in which he was a passenger, he was confronted by Officer John Moody. Moody allegedly believed that Duenez was holding something in his right hand and ordered Duenez to “drop the knife.” Moody subsequently fired 13 rounds, with the final shots allegedly fired after Duenez had fallen to the ground. Duenez died minutes later. The incident was captured on a “dash-cam” video taken from Moody’s police car. After the shooting, a knife was found in the bed of the pickup truck that Duenez had exited, though the origin of the knife was never determined. The decedent’s wife (Whitney Duenez), his minor son, and his parents (Rosemary Duenez and Ernesto Duenez Sr.) sued Moody; Officer Aguilar; the officers’ supervisor, Police Chief David Bricker; and the officers’ employer, the city of Manteca. The decedent’s family alleged that the defendants violated the decedent’s Fourth Amendment rights against excessive force. They also alleged a deprivation of their familial relationship under the substantive due process clause of the 14th Amendment, and brought some state law causes of action. Plaintiffs’ counsel contended that the decedent had a pair of tweezers in his hands. Counsel noted that the tweezers were black and later found by the decedent’s feet, where the decedent was standing when he was shot. Plaintiffs’ counsel asserted that although the decedent was only holding tweezers, Moody immediately began shooting after he commanded to “drop the knife.” Counsel also asserted that the “dash-cam” video showed the decedent with tweezers in his hand and that it was obvious that the decedent never held the tweezers as a weapon. Moody claimed that the decedent appeared to be holding a knife and that he acted appropriately. In addition, defense counsel contended that the “dash-cam” video showed the decedent with a knife. Plaintiffs’ counsel noted that the defense filed an interlocutory appeal of the denial of qualified immunity, but that Judge Lawrence Karlton found that the appeal was frivolous, and Karlton’s finding was entered by the Ninth Circuit., Thirteen shots were fired at Ernesto Duenez Jr., with the final shots allegedly being fired after he had fallen to the ground. After the shooting, Duenez laid writhing on the ground as emergency medical personnel arrived seven minutes later. However, Duenez ultimately died from his within minutes of the shooting. He was 35 years old. The decedent is survived by his wife, minor son, and parents. The decedent’s family sought recovery of wrongful death damages.