Tactical Conduct Leading Up To The Use Of Deadly Force Have County Likely To Face Jury In Suicidal Man’s Death.

A neighbor heard screaming from a house and called police. When deputies arrived at the house, a man’s girlfriend said the man tried to kill himself. Deputies entered the house and found the man standing in the kitchen. They ordered him to show his hands and as he did, he walked toward the deputies holding a large knife in his raised right hand. The two deputies simultaneously drew their guns and fired two shots each at the man, who died from gunshot wounds. The decedent’s daughter brought an action in federal court, and the trial judge granted summary judgment to the county. The daughter appealed to the Ninth Circuit, who in turn asked the California Supreme Court to decide an issue as a matter of law pursuant to California Rules of Court, rule 8.548, which provides that “on request of the United States Supreme Court, a United States Court of Appeals, or the court of last resort of any state, territory, or commonwealth, the Supreme Court may decide a question of California law if: [¶] (1) The decision could determine the outcome of a matter pending in the requesting court, and [¶] (2) There is no controlling precedent.” The California Supreme Court restated the issue as “whether under California negligence law, liability can arise from tactical conduct and decisions employed by law enforcement preceding the use of deadly force.” California’s high court’s response was “liability can arise if the tactical conduct and decisions leading up to the use of deadly force was unreasonable.” Hayes v. County of San Diego  (Cal. Sup. Ct.; August 19, 2013) 57 Cal.4th 622, [305 P.3d 252, 160 Cal.Rptr.3d 684].