Hayes

Sheriffs deputies shot and killed Shane Hayes when he came toward them with a large knife in his raised right hand. The deputies had come to the home in response to a call from a neighbor who said she had heard screaming. When the deputies arrived, Shane’s girlfriend, Geri Neill, told them that earlier in the evening, Shane had tried to kill himself. The deputies entered the house, and the incident that led to this lawsuit then transpired.

Shane’s daughter brought this action in federal district court, alleging both federal and state claims for relief. On appeal from a grant of summary judgment for defendants, the United States Court of Appeals for the Ninth Circuit (see Cal. Rules of Court, rule 8.548) asked us to decide a matter of state law: “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.” (Hayes v. County of San Diego (9th Cir. 2011) 658 F.3d 867, 868 .) In granting the Ninth Circuit’s request, we restated the issue as “[w]hether under California negligence law, liability can arise from tactical conduct and decisions employed by law enforcement…