On April 14, 2007, plaintiffs’ decedent Jerriel DeShawn Allen, 19, was a passenger in a sport utility vehicle traveling on North Colorado Street in San Bernardino when a San Bernardino police vehicle began pursuing his vehicle after it allegedly ran a stop sign. A brief high-speed chase ensued, in which the SUV crashed through three backyard fences on North Colorado Street. When the vehicle finally came to a stop, the driver, Allen and another passenger exited it. Officers Adam Affrunti and Chris Gray ultimately fired around 20 shots at Allen, striking him a number of times with one shot striking the back of his head, killing him. The decedent’s children, Jamora Allen and Jerriel Allen Jr., acting through their guardian ad litem Keyondra Marshall; the decedent’s mother, Sherry Watson, acting individually and as representative of her son’s estate; and the decedent’s father, Jerry Allen, acting individually, sued Affrunti, Gray, and their employer, the city of San Bernardino. They brought federal and state causes of action for excessive force, interference with familial relationship, negligence, battery, and municipal liability. Plaintiffs’ counsel asserted that Affrunti and Gray overreacted to the situation and used excessive deadly force when they fired upon the decedent. Counsel contended that the officers took no cover and excessively fired their weapons at an unarmed passenger who was trying to surrender by exiting the vehicle. Plaintiffs’ counsel also contended that physical evidence contradicted the officers’ version of the incident because Gray fired shots along the driver’s side of the SUV before anyone exited. Counsel also noted that the officers fired at Jerriel DeShawn Allen a combined 21 times, striking him 15 times and once in the back of the head. Plaintiffs’ counsel further asserted that the city of San Bernardino had an unconstitutional customary practice of condoning and ratifying the unreasonable use of deadly force by its officers. Counsel noted that Affrunti had two prior shootings on his record, as well as three subsequent shootings, and that excessive force and punitive damages were found in one of them before a federal jury. Counsel also noted that Gray had one previous shooting and several excessive force lawsuits. Thus, plaintiffs’ counsel asserted that despite these past incidents, and several of the 25 other city police shootings in the five years leading up to the incident, being clearly unreasonable, the city failed to retrain or discipline any officers. Officers Affrunti and Gray claimed that the started pursuing the SUV after it ran a stop sign and that after the SUV came to a stop, three individuals jumped out of the vehicle. They alleged that that when the decedent exited the vehicle, they heard one of the other passengers yell “shoot em, shoot em” and “shoot the [expletive].” They also alleged that Allen ignored commands to show his hands and reached for his waistband, while the other two men fled on foot. Thus, Affrunti and Gray claimed that the shouts to shoot, along with the decedent moving his hand to his waistband, caused them to feel threatened and shot at Allen in self-defense. Based on Affrunti and Gray’s description of events, defense counsel contended that the force used by the officers was reasonable under the circumstances. Counsel also disputed the number of shots alleged by the plaintiffs, claiming that only 20 combined shots were fired at Allen, with only nine shots striking him. Defense counsel also disputed the plaintiffs’ claim of the city having an unconstitutional customary practice of using excessive deadly force., Jerriel DeShawn Allen sustained a number of gunshot wounds, with one bullet striking the back of his head. He died on April 14, 2007. He was 19 years old. Allen left behind a mother, father and two minor children. Allen’s family sought recovery of wrongful death damages for the loss of their son and father. They also sought recovery of survival damages for the decedent’s conscious pain and suffering and loss of life, as well as funeral and burial expenses.