Facts

On June 25, 2005, police officers for the defendant city of Susanville, county of Lassen, executed a domestic violence arrest warrant on James Basler at his home. Police officers surrounded Basler's residence and defendant Nathan Mendes, a member of the sheriff's SWAT team, shot him when he exited the house into his backyard to investigate his dog's bark. Basler was armed with a high caliber handgun and, according to Mendes, fired at Mendes when confronted.

Plaintiffs Rhonda Basler, Sandra Ochotorena, and Jyssica Basler filed suit for wrongful death.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that no notice was given for Basler to exit the house in order to be arrested, and excessive force was used when Mendes shot Basler. The plaintiffs argued that had the police announced their presence, Basler would have exited without incident.

DEFENDANTS' CONTENTIONS:
The defendants contended that Basler had threatened to shoot the inhabitants of the house, had barricaded the house, and had threatened the officers by brandishing as well as firing his gun at deputy Mendes.

Injuries

Death of James Basler.

Result

The plaintiffs accepted a settlement of $60,000.

Other Information

FILING DATE: Jan. 7, 2008.