The plaintiffs son a fourth year old mentally I'll man was killed by police in efforts to take him into custody for a psych evaluation, the plaintiff called the defendants as he was a danger to himself and others, he refused to leave and kept two guns on him. A swat team was brought and after using tear gas and still being unable to bring him out, the house caught on fire the man jumped out the window to escape the blaze while pointing the gun at officers, then then shot and killed him. What civil liability issue would the the plan if use and what would be the defendants defense. And likely outcome of the case