Everardo Torres was arrested by City of Madera police officers, handcuffed, and placed in the back of a patrol car. Torres began yelling. Officer Noriega told him to stop or she would stun him with a Taser. She mistakenly drew her firearm, shot Torres and killed him.

His family sued under §1983 for violation of Torres’s fourth amendment right to be free from unreasonable seizure. Madera moved for summary judgment.