Facts

On Oct. 12, 2003, defendants Richard Wilkinson and Lynn Andersen from the Lindsay Police Department went to an apartment at 491 North Elmwood Ave, in Lindsay California in response to a search warrant. When they arrived at the apartment, defendants approached a closed bathroom door. Defendant Wilkinson kicked the door open and saw decedent Jennifer Lynn Le Blanc, age 26, crouched in the corner in the dark. Defendant Wilkinson claimed he saw Le Blanc holding something in her hand and he believed she was about to shoot him. He yelled at her to say what she was holding and to get down. Defendant Wilkinson then fired a shot in Le Blanc's upper right chest.

PLAINTIFFS' CONTENTIONS:
Plaintiffs Estate of Jennifer Lynn Le Blanc and other plaintiffs alleged decedent could not have been perceived as a threat and that she never posed a threat to defendants. The plaintiffs claimed that defendants city of Lindsay and other defendants violated decedent's Fourth and Fourteenth Amendment rights by using deadly force against decedent.

DEFENDANT'S CONTENTIONS:
Defendant Wilkinson contended decedent raised her right hand with a chrome, metallic object pointing at him.

The parties disputed as to whether defendant Wilkinson made an announcement at the bathroom, whether he kicked in the door, and whether decedent had a lighter in her hand, which was found in the bathroom.

Settlement Discussions

At a settlement conference, the claims on behalf of decedents child, Derris LeBlanc were settled. All other parties, with the exception of Dennis LeBlanc and Richard Wilkinson were dismissed for waivers of fees and costs.

Injuries

Jennifer Lynn Le Blanc died.

Result

The jury returned a verdict for defendants against plaintiff on March 30, 2007. On May 10, 2006, defendants settled Derris Le Blanc's claim for $42,500. Defendant Wilkinson was awarded costs of $8,460.

Other Information

FILING DATE: July 15, 2004.