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Hayes’s minor daughter, Chelsey Hayes, filed suit against the deputies and the County of San Diego, alleging claims under 42 U.S.C. § 1983 for alleged violations of her deceased father’s Fourth Amendment rights and her own Fourteenth Amendment rights. The complaint also included state law claims for negligent wrongful death and negligent ...
- Order
- I. Question Certified
- II. Factual and Procedural Background
- A. The Deputies' Assessment of The Scene Before Confronting Hayes
- III. Basis For Certification
- IV. Administrative Information
- V. Withdrawal of Opinion and Stay of Proceedings
This case requires us to decide, as a matter of California negligence law, whether law enforcement officers owe a duty of care in approaching a suicidal person as part of a welfare check. While we previously held there was convincing evidence that the California Supreme Court would not follow intermediate state appellate court decisions on this iss...
Pursuant to Rule 8.548 of the California Rules of Court, we request that the California Supreme Court answer the following question: The phrasing of the question set forth above should not restrict the California Supreme Court's consideration of the issues involved, and we understand that the court may reformulate our question. CAL. R. CT. 8.548(f)...
On the night of September 17, 2006, Shane Hayes was shot and killed inside his home by San Diego County Sheriff's Deputies Mike King and Sue Geer. Hayes's minor daughter, Chelsey Hayes, subsequently filed suit against the deputies and the County of San Diego, alleging state and federal claims stemming from the incident. Although the claims asserted...
Deputy King arrived at Hayes's residence at 9:12 p.m. in response to a domestic disturbance call from a neighbor who had heard screaming coming from the house. Hayes's girlfriend Geri Neill, who owned the house, spoke with Deputy King at the front door. During a three-minute conversation, Neill advised Deputy King that she and Hayes had been arguin...
This appeal turns on whether California negligence law imposes a duty of care on law enforcement officers in regards to their assessment and handling of a welfare check on a person known to be suicidal. In deciding an issue of state law, when "there is relevant precedent from the state's intermediate appellate court, the federal court must follow t...
If our request for decision is granted, we designate the County of San Diego as petitioner. See CAL. R. CT. 8.548(b)(1). The names and address of counsel for the County of San Diego, Mike King, and Sue Geer are: John J. Sansone and Morris G. Hill, 1600 Pacific Highway, Room 355, San Diego, California 92101-2469. The name and address of counsel for ...
In light of this court's decision to certify the issue presented here, the opinion filed in this case on March 22, 2011 and published at 638 F.3d 688is hereby withdrawn. The petition for rehearing and petition for rehearing en banc is denied as moot. The case is ordered resubmitted for decision without further argument or briefing. All further proc...
Dec 2, 2013 · Hayes’s minor daughter, Chelsey Hayes, filed suit against the deputies and the County of San Diego, alleging claims under 42 U.S.C. § 1983 for alleged violations of her deceased father’s Fourth Amendment rights and her own Fourteenth Amendment rights. The complaint also included state law claims for negligent wrongful death and negligent ...
The deputies simultaneously drew their guns and fired at Hayes, who died from the gunshot wounds. Hayes's daughter filed a complaint in federal district court against the County of San Diego and the deputies, alleging three federal law claims and two state law claims.
The daughter of a man shot and killed by sheriff’s deputies filed a lawsuit for negligent wrongful death. The United States Court of Appeals for the Ninth Circuit held that a law enforcement officer’s duty to act reasonably when using deadly force extends to his or her pre-shooting conduct.
Chelsey Hayes asserted a survival claim against deputies of the San Diego Police and the County of San Diego as the decedent’s “sole surviving heir.” She sued the deputies and County on Fourth and Fourteenth Amendment claims and for state claims of negligent wrongful death and negligent hiring, training, and supervision.
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Aug 19, 2013 · Hayes’s daughter, Chelsey, filed an action in federal district court, alleging claims under both state and federal law against the deputies, the county, and others. Chelsey alleged the deputies...
