Garcia

MEMORANDUM OPINION

Plaintiffs Audelia Reynel Garcia and Raul Reynel (“Plaintiffs”) bring this action as the successors in interest to, and the parents of, decedent Jaime Reynel-Garcia (“Jaime Garcia” or the “Decedent”). The- Decedent was shot and killed by Defendant Deputy Sheriff Rick Whitehead (“Deputy Whitehead”) during a response to a reported burglary attempt. Plaintiffs filed this civil rights action under 42 U.S.C. § 1983 against the County of San Bernardino (the “County”) and Deputy Whitehead alleging that excessive force was used against the Decedent.

This matter comes before the Court on Deputy Whitehead’s motion in limine to exclude evidence regarding Decedent’s alleged pain and suffering. At oral argument on February 10, 1997, the Court denied Deputy Whitehead’s motion. The Court issues this Memorandum Opinion explaining the reasoning for its ruling.

BACKGROUND

The shooting incident took place on April 9, 1995, in the area of Lake Arrowhead. Deputy Whitehead received a dispatch to a residence regarding a possible burglary in progress at 883 Crown Drive. The citizen informant lived across the street and had reported seeing a man going around the residence at 883…