Chico >> Family members of Desmond Phillips — the 25-year-old black man who was shot and killed by Chico police in March — have filed a wrongful death claim with the city.

Under state law, such claims for damages are required before a lawsuit can be brought against a governmental entity in court.

The claim, which was filed with the city June 8 and obtained by this newspaper Monday, alleges officers used “negligent police tactics” during their fatal encounter with Phillips the evening of March 17 at Phillips’ family’s apartment in the 700 block of West Fourth Avenue in Chico.

Phillips was suffering from an apparent mental health episode at the time, and the family alleges the Chico Police Department, which had prior contacts with Phillips, should have been better prepared to handle Phillips’ health issues.

The family alleges Phillips did not pose a threat of harm to anyone, “and that the use of deadly force by the Officers Jeremy Gagnebin and Alex Fliehr was unjustified.”

Police have said Phillips had been wielding kitchen knives during the confrontation, and Butte County District Attorney Mike Ramsey, in clearing Gagnebin and Fliehr of any criminal liability, said the evidence showed officers “took appropriate and justifiable action to end the unfortunate knife attack by a mentally or medically ill person.”

Phillips’ family is seeking damages in excess of $25,000, according to the claim, and violations “might include but are not limited to wrongful death, assault, battery, false imprisonment, negligence, negligent hiring, and intentional infliction of emotional distress, and negligent infliction of emotional distress.”

The city has 45 days to respond to a claim for damages after one is filed.

In an email Monday, city attorney Vince Ewing said the city “has received the claim and is reviewing it.”

Ewing said the city had no comment regarding the family’s allegations.

Family members listed as claimants include Phillips’ father David Phillips, mother Delphine Norman, nephew Chadrick Ingram and another minor nephew.

The family is represented by the Oakland-based law office of John L. Burris.

In a description of the incident, an attorney for the family, Lateef H. Gray, wrote that David Phillips initially called 9-1-1 to request medical attention for his son, Desmond Phillips.

Firefighters and medics arrived to find Desmond Phillips standing in the living room of his father’s apartment, sweating, dancing and wearing sunglasses and headphones, according to the claim. Desmond Phillips was also holding a game controller in his hands, but no video game was playing on a TV.

David Phillips told medics his son had been in that state for several hours and that Desmond Phillips had a history of brain trauma from a prior physical assault, according to the claim.

Medics tried talking to Desmond Phillips by using his name and taking his sunglasses and headphones off, according to the claim. Desmond Phillips’ eyes were shut, and he started punching and swinging his arms after medics touched him on the arm.

Medics and firefighters subsequently backed away but remained in the living room, speaking with David Phillips, according to the claim. David Phillips stated his son had become violent in the past when he was in a similar state.

At that point, according to the claim, Desmond Phillips began sweeping items off a kitchen counter. As medics and firefighters began leaving the apartment, they saw Desmond Phillips pick up a lamp.

Police officers then arrived on scene and were briefed on the situation by medics and fire personnel, according to the claim. The officers could also see inside the apartment through a metal security door.

David Phillips called 9-1-1 again a few minutes later, according to the claim, asking that the police respond to his home because his son was experiencing a mental health crisis and had armed himself with a knife.

Several minutes later, according to the claim, David Phillips again called 9-1-1, telling the operator that he was trying to get help for his son’s mental health issues.

“Without proper planning and utilizing negligent police tactics, yet-to-be identified members of the Chico Police Department then burst through both the front and back doors of the family’s apartment,” according to the claim.

A police officer initially tased Desmond Phillips, according to the claim. But instead of handcuffing him while the Taser’s shock had an effect, “yet-to-be identified members of the Chico Police Department waited.”

Several seconds later, according to the claim, officers Gagnebin and Fliehr “inexplicably” opened fire on Desmond Phillips, “shooting at least 16 times and hitting Decedent at least 10 times.”

Desmond Phillips died from his injuries.

The family alleges in the claim that the police officers involved in the incident were negligent in their conduct leading to the shooting, and in the shooting itself.

Officers had responded to the family’s home twice before to deal with Desmond Phillips’ mental health issues and “should have planned and acted accordingly,” according to the claim.

It’s further alleged Chico police officers “failed to take into reasonable consideration Decedent’s obvious, known, mental impairment, and the known, obvious, and stated fact that Decedent was no threat to anyone in the apartment prior to forcing this deadly, unreasonable confrontation.”

Contact reporter Andre Byik at 896-7760.