On Aug. 26, 2011, plaintiffs’ decedent Ismael Lopez, 29, a partially disabled Hispanic man, was a bystander in an area where police were responding to a call for service in an apartment complex in Long Beach. Subsequently, Lopez was walking through a gate on the other side of the apartment complex when he was ordered to stop by Officer Rommel Chavez. Lopez allegedly came to a stop within two seconds, but he was shot by Chavez. Lopez was pronounced dead by paramedics approximately 15 minutes after the shooting. Lopez’s mother, Lidia Amesquita, sued Chavez and his employer, the city of Long Beach. Amesquita alleged that all of Chavez’s shots were excessive and unreasonable under the circumstances, and that the city was liable for Chavez’s excessive use of force. Lopez’s sister, Maria Macias, was initially listed in error as a plaintiff. Plaintiff’s counsel contended that that the responding officers had no specific information with which to identify the suspect, such as information concerning the suspect’s age, weight, height or any other identifying features, such as tattoos or facial hair. Counsel also contended that none of the officers responding to the scene had ever seen Lopez before, had known anything about him, or had identified him from any prior contacts. Plaintiff’s counsel contended that as a result, Chavez, while still on his motorcycle, saw Lopez’s hands as he was coming through the gate on the other side of the apartment complex and ordered him to stop. However, counsel contended that Lopez came to a stop behind a van, causing Chavez to fire his gun multiple times. Thus, plaintiff’s counsel asserted that Chavez acted negligently in that he could see that Lopez had nothing in his hands as he was coming through the gate, that he never saw a gun or anything that looked like a gun and that he never gave a warning that he was going to shoot before he fired. Plaintiff’s counsel also asserted that the medical evidence supported a finding that Lopez’s right arm was raised at the time he was shot. Counsel contended that after the first two shots, Chavez commanded Lopez to turn around and put his arms up, but that as Lopez turned toward the van and put his hands up, Chavez fired additional rounds at him. Chavez claimed he only fired four shots, but disputed which of the shots actually struck Lopez. He alleged that he fired two shots when Lopez came through the gate after ordering him to stop. He also claimed that after firing two shots, he commanded Lopez to turn around and put his arms up, but that Lopez turned suddenly, causing him to fire two more shots. However, plaintiff’s counsel noted that even though Chavez claimed he fired four shots, five bullet casings matching his gun were recovered at the scene and that no other officer on scene fired any rounds at Lopez., Lopez sustained gunshot wounds and was pronounced dead by paramedics approximately 15 minutes later. He was 29. Lopez was survived by his mother and sister. Lopez’s mother, Amesquita, sought recovery of wrongful death damages, as well as survival damages for the loss of her son’s love, companionship, comfort, care, assistance, protection, affection, society and moral support. She also sought recovery of punitive damages and attorney fees under federal and state law.