Bynum

AMENDED OPINION

This case arises out of the shooting death of Bernard Bynum by Ray Giacomelli, a police officer for the City of Pittsburg. The shooting occurred on January 27, 1982. Decedent’s surviving heirs, Dorothy and Sylvester Bynum, filed this action on November 22, 1983 alleging that defendants City of Pittsburg (“Pittsburg”), police officer Ray Giacomelli (“Giacomelli”), police chief Leonard Castiglione (“Castiglione”), and district attorney William O’Malley (“O’Malley”) had violated their civil rights by performing acts which caused their son to be shot to death by officer Giacomelli. Dorothy Bynum also sues in her capacity as administrator of the decedent’s estate.

Plaintiffs’ Second Amended Complaint filed on August 6, 1985 contains five causes of action, all based on 42 U.S.C. § 1983 . First, plaintiffs allege that defendant Giacomelli acting under color of state law deprived their son of several constitutionally protected rights, including the right not to be deprived of life without due process of law, the right to be free from excessive force, and the right to be free from battery motivated by racial prejudice. Second, they contend that defendant Castiglione…