On Sept. 17, 2006, plaintiff’s decedent Shane Hayes, 40, an unemployed retail store clerk, got into an argument with his girlfriend in Santee. The girlfriend’s next-door neighbor heard screaming coming from the house and called 911 to report a possible domestic violence incident. However, when San Diego County Sheriff’s Deputies Sue Geer and Mike King responded to the 911 call, Hayes’ girlfriend met the deputies at her front door and denied there was any physical altercation between them. Instead, she claimed that she was arguing with Hayes in regard to his attempt to kill himself that night. Based on a concern that Hayes might harm himself, the deputies decided to enter the house to check on Hayes’ welfare and was told by the girlfriend that Hayes could be found in a bedroom at the back of the house. While the deputies were walking through the house on their way to talk to Hayes, whom they expected to find in the bedroom, Hayes allegedly emerged unexpectedly from the dark kitchen, heading directly toward King while hoisting a large, sharp kitchen knife above his right shoulder. In response, both deputies simultaneously drew their pistols and fired four times (two times each), striking Hayes with three rounds. Hayes later died while in surgery. The decedent’s daughter, Chelsey Hayes, a student who lived with the decedent’s ex-wife in another state, sued Geer; King; and the deputies’ employer, the county of San Diego. The decedent’s daughter alleged that the actions of the two deputies, individually, constituted excessive force in violation of 42 U.S.C. § 1983 under the Fourth Amendment and that the county failed to properly train deputies, based on the theory of direct municipal liability under 42 U.S.C. § 1983 in accordance with the holding of Monell v. New York Department of Social Services. She also alleged that the defendants were negligent, under California law, in causing her father’s wrongful death. Plaintiff’s counsel contended that the decedent had a history of suicide attempts or gestures, but that none of the decedent’s attempts involved assaultive behavior toward law enforcement officers. Counsel also contended that the evidence showed that the decedent had a Blood Alcohol Content of 0.28 percent, which would have severely impaired the decedent’s judgment and inhibitions, and would have probably rendered him unconscious, if he had not been a chronic alcoholic who could tolerate high BAC’s while masking outward signs of intoxication. Thus, plaintiff’s counsel argued that the deputies’ pre-shooting tactical decisions were negligent in light of the decedent’s mental illness. King claimed that the decedent emerged unexpectedly from the dark kitchen, heading directly toward him. He claimed that he then ordered the decedent to show him his hands, after which the decedent raised a large, sharp kitchen knife above his right shoulder while taking another step or two toward him, as if the decedent was about to stab him. Geer and King claimed that upon seeing the raised knife while the decedent continued toward them, they appropriately responded by drawing their weapons and firing. King testified that only four seconds elapsed between the time he ordered Hayes to show his hands and the time the first shot was fired. The deputies claimed that they did not believe they had time to respond otherwise., Shane Hayes sustained three gunshot wounds and later died while in surgery. He was 40 years old. The decedent is survived by his daughter, Chelsey Hayes, now 20 years old; a girlfriend; and an ex-wife. The decedent’s daughter sought recovery of compensatory damages, under state law, for her own losses attributable to her father’s wrongful death. She also sought recovery of compensatory and punitive damages, under federal law.