Perspective
Dec. 10, 2013
The duty of care in using deadly force
The state high court says peace officers owed a duty of care for their conduct leading up to the use of deadly force. By Tony M. Sain
In Hayes v. County of San Diego, 57 Cal. 4th 622 (2013), the California Supreme Court held peace officers owed a duty of care for their conduct leading up to the use of deadly force. This reverses a trend of cases relying upon statutory immunity exempting preseizure conduct from a peace officer's duty of care. The court found peace officers could be held liable for their negligence in preshooting conduct where such "tactical neglig...
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