On June 6, 2006, at around 8:30 p.m., plaintiffs’ decedent Asa Sullivan, an unemployed 25 year old, and a friend were at their Parkmerced townhouse on Garces Drive, in San Francisco, when police officers John Keesor, Michelle Alvis and Paulo Morgado arrived. As a result, Sullivan fled into the attic, while his friend was handcuffed, searched and found with a knife. When the officers allegedly heard noises coming from the attic, they entered it and found Sullivan hiding inside. They then ordered Sullivan to raise his hands. When Sullivan did not initially comply and then moved his arm while holding an object, Keesor and Alvis fired their guns. Sullivan was subsequently shot and killed. It was later determined that Sullivan was unarmed and that he was holding an eyeglasses case. The decedent’s mother, Kathleen Espinosa, acting individually and on behalf of Sullivan’s estate, and Nicole Guerra, acting as the guardian ad litem to Sullivan’s 6-year-old son, sued Keesor; Alvis; Morgado; the officer’s supervisor, Chief of Police Heather Fong; and the officers’ employer, the city and county of San Francisco. Espinosa and Guerra alleged that the defendants violated the decedent’s Fourth Amendment rights by illegally entering Sullivan’s townhouse and using excessive force. They also alleged that the defendants were negligent in their use of lethal force, resulting in Sullivan’s wrongful death, and that the defendants’ actions constituted violations of Civil Code § 52.1, otherwise known as the Bane Act. Fong was ultimately dismissed from the case. Plaintiffs’ counsel contended that after the officers ordered Sullivan to raise his hands, an officer from below the attic possibly banged on the ceiling, causing Keesor to believe that Alvis had been shot, which, in turn, caused Keesor to open fire. As a result, Alvis also fired. Plaintiffs’ counsel contended that, nonetheless, the shooting of Sullivan was excessive, as he was unarmed. Counsel also contended that the police had falsely reported that Sullivan had been armed and shot first and that the officers then attempted to manipulate evidence by obtaining statements from a family member about Sullivan allegedly being suicidal. Defense counsel contended that Morgado responded to a call to check on the townhouse that had allegedly been abandoned by the previous tenants, was being used as a “drug house,” and had a door that was swinging open. Counsel contended that while investigating the call, Morgado discovered a shirt soaked in blood hanging on an interior door, which was the reminiscent of a violent assault the day before. Alvis and Keesor then responded as backup, and the officers entered the townhouse occupied by Sullivan and his friend to see if anyone inside may need emergency medical aid. Defense counsel maintained that after entering, the officers repeatedly announced themselves and received no response. On the first floor, they did not discovery anyone in need of aid, but did notice that the interior of the townhouse was in shambles. On the second floor, the officers encountered a locked bedroom and eventually detained an individual inside the bedroom with an illegal knife. Counsel contended that while the officers were detaining the individual, they heard sounds of someone escaping into the attic above. Defense counsel maintained that as a result, the officers went into the dark, unfinished attic to investigate further and discovered Sullivan attempting to hide in the corner, under thick, blown-in insulation. Counsel contended that a standoff then ensued. According to defense counsel, Sullivan had a warrant out for his arrest, was facing six years in state prison, and was high on methamphetamines. Counsel also contended that Sullivan had five prior suicide attempts and that Sullivan had told his brother 10 days earlier, “If I die, it will be my decision.” Defense counsel contended that for 12 minutes, Sullivan refused to show his hands, stated that he would rather die than go back to jail and threatened to kill the officers. Counsel contended that, just as a police dog arrived, Sullivan announced that he was going to “make [his] move,” and then quickly raised his arms and pointed an object, which the officers believed resembled a gun, at one of the officers. Defense counsel contended that Sullivan actually had a black eyeglasses case in one of his hands and had pointed it at one of the officers as he snapped it closed, simulating the sound of a gunshot. Thus, counsel asserted that, believing that Sullivan was making good on his threats, Alvis and Keesor reasonably fired their weapons, which resulted in Sullivan’s death., Sullivan sustained several gunshot wounds and died at the scene. He was 25. Sullivan is survived by his mother and 6-year-old son. Thus, the decedent’s mother and son sought recovery of wrongful death damages.