In the case of Sherrod v. Berry (856 F.2d 802 (7th
Cir. 1988)), Sherrod was killed by a policeman named Berry, and Sherrod's
family sued for wrongful death. At trial, Berry testified that he thought
Sherrod had a gun, but no gun was found on Sherrod. The Trial Court admitted
the evidence about there not being a gun, and the jury found for Sherrod. The
Appellate Court reversed.
This case came to the opposite conclusion as Knapp v. State (168 Ind. 153, 79 N.E. 1076 (1907)). In that case it was argued that the underlying fact was relevant to determining if the belief was reasonable.