Facts

In 2007, Richard DeSantis, a disabled ironworker, went off his medication for bipolar disorder in preparation for returning to work the Monday after Easter. When he began hearing noises in his attic, he started to fire a handgun into his ceiling. His wife called 911 for help. When police officers arrived, DeSantis was not wearing a shirt, had nothing in his hands, and initially complied with orders to get on the ground. His wife had already recovered his gun.

When DeSantis suddenly got off the ground and charged at the officers, one officer fired a non-lethal projectile at DeSantis. The non-lethal weapon was a Sage that fires plastic projectiles. The Sage round broke DeSantis' arm near his wrist. The effectiveness of the non-lethal shot was disputed at trial.

The officer with the Sage was getting ready to fire a second round when Sgt. Celli stepped in front of him and fired the lethal round from an AR-15 assault rifle, causing DeSantis' death.

Joe Callanan, police expert for the defendants, testified the Sage didn't work. Ron Martinelli, Plaintiffs' expert, said it did, pointing to physical evidence of the injury.

DeSantis's family filed suit, arguing that the shooting of DeSantis did not have a "legitimate law enforcement purpose."

Result

The jury awarded the plaintiffs with $343,000 in economic damages and $168,332 in nonecomic damages, for a total of $511,332.