Reynolds

AMENDED ORDER GRANTING JACKSON’S MOTION FOR PARTIAL SUMMARY JUDGMENT

This is a motion for summary judgment by defendant Jeffrey Jackson, a Sheriffs deputy, in a wrongful death action arising from the shooting death of Paul Reynolds. On February, 4, 1994, the County of San Diego joined the motion. (County’s Notice of Join-der). Two suits were filed: one by the decedent’s wife, Jeanette Reynolds, and one by the decedent’s mother, Denise Reynolds. The actions have been consolidated. The complaints asked for damages under 42 U.S.C. § 1983 , as well as under state civil rights law and tort.

I. Statement of Facts

At 1:00 a.m. on Feb. 18, 1992, Joseph Kircheval, a gas station attendant, noticed Reynolds acting strangely near the gas pumps. Reynolds approached the window, but did not respond when the attendant asked if he could help him with something. Reynolds placed his face up against the glass, and then responded when the attendant repeated the question by saying “yes I think you can.” Then, Reynolds walked away from the window back toward the pumps and picked up a squeegee. After asking Reynolds to replace the squeegee, the attendant called the Sheriffs department to explain the…