On March 11, 2018, plaintiff’s decedent Joshua Pawlik, 31, a homeless man struggling with drug addiction, was found holding a pistol in his hand while unconscious in an alleyway between two West Oakland homes. The Oakland Police Department was contacted, and officers responded to the scene and surrounded the block. Sergeant Francisco Negrete led a team of four other officers tasked with devising a plan to arrest Pawlik. When Pawlik regained consciousness, he was shot by Negrete and officers William Berger, Brandon Hraiz and Craig Tanaka. Another officer fired a beanbag round at Pawlik from a shotgun. Pawlik died from the gunshot wounds. Pawlik’s mother, Kelly Pawlik, acting individually and as her son’s successor-in-interest, sued Negrete; Berger; Hraiz; Tanaka; a lieutenant, Alan Yu; and the officers’ employer, the city of Oakland. The lawsuit alleged that the police officers violated her son’s civil and constitutional rights to be free from excessive force, resulting in her son’s wrongful death. Yu was removed from the case, and the matter continued against the remaining defendants. Plaintiff’s counsel contended that the officers negligently fired their weapons even though Mr. Pawlik posed no threat. The officers claimed that they believed Mr. Pawlik raised up his gun and pointed it at them while they were standing behind an armored vehicle. They alleged that since Pawlik posed an immediate threat with the risk of death or serious bodily harm to them and others around them, they acted appropriately. In response, plaintiff’s counsel asserted that video of the incident did not support the officers’ allegations., Pawlik sustained multiple gunshot , as well as a contusion from the beanbag that was fired at him. Mr. Pawlik was treated for his wounds, but he ultimately died at the scene. He was survived by his mother. Ms. Pawlik sought recovery of wrongful death damages for the loss of her son.