Bhandari

BACKGROUND

3 Plaintiffs Sophia Bhandari, Sierra Wilson, and Tony Philip Wilson are the 4 children of the decedent in this action, Tony Garza Wilson (“Wilson”). (ECF No. 1 5 (“Compl.”), 2 (¶ 4).) The complaint makes the following allegations. Shortly after 6 midnight on Sunday, September 29, 2019, National City Police Department 7 (“NCPD”) dispatched officers in response to multiple calls concerning Wilson, who 8 was “breaking and throwing things,” and “clearly having some form of emotional 9 disturbance or psychotic break.” (Id. at 3 (¶ 4).) 10 Officers Taylor and Davis arrived first. Plaintiffs allege that the officers could 11 see that Wilson was an older gentleman and below average in size, specifically, 5 12 feet, 6 inches and 150 pounds. (Id. at 4 (¶ 15).) Wilson was 61 years old. (Id.) Both 13 officers had their firearms drawn and Wilson put his hands in the air, indicating 14 surrender. (Id. (¶ 16).) Officers Taylor and Davis then screamed at Wilson to “get 15 down” to which Wilson “immediately dropped to the cement porch on his hands 16 and knees.” (Id. (¶ 17).) Despite complying with the officers’ demands to the best 17 of Wilson’s abilities given the size of…