Hayes v. County of San Diego, et al., No. 09-55644 (9th Cir. 2011)
Annotate this CaseSan Diego County Sheriff's Deputies ("deputies") shot and killed Shane Hayes inside his home after the deputies arrived at Hayes' residence in response to a domestic disturbance call from a neighbor. Plaintiff, Hayes' daughter, asserted a claim for negligence based in part on the deputies' preshooting conduct, specifically their alleged failure to properly assess the situation before entering the house. The district court entered summary judgment in favor of the deputies and found that the deputies owed Hayes no duty of care in their preshooting conduct. The district court did not address whether the deputies' preshooting conduct could be considered a breach of any standard of care, if such a duty were owed. The court certified the following question to the California Supreme Court: "Whether under California negligence law, sheriff's deputies owe a duty of care to a suicidal person when preparing, approaching, and performing a welfare check on him." In light of the court's decision to certify the issue presented, the opinion filed in this case on March 22, 2011 was withdrawn.
This opinion or order relates to an opinion or order originally issued on March 22, 2011.
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