Reynolds ex rel. Estate of Reynolds v. County of San Diego

Opinion by Judge GEORGE; Dissent by Judge PREGERSON.

Paul Reynolds (“Reynolds”) was shot to death by Deputy Jeffrey Jackson (“Jackson”) during an altercation near a gas station. Plaintiffs-appellants Jeanette and Denise Reynolds, decedent’s wife and mother respectively, challenge the district court’s determination that defendant-appellee Deputy Jackson was entitled to summary judgment against their civil rights claims because he was protected from liability under the doctrine of qualified immunity. Appellants also dispute the district court’s holding that there is no basis for liability against Jackson under California Civil Code Section 52.1 nor under state tort claims for negligence and wrongful death. This court has jurisdiction over appeals from final judgments under 28 U.S.C. §§ 1291 and 1294. We affirm in part and remand in part.

I. FACTS AND PROCEDURAL BACKGROUND

At approximately 1:00 a.m. on February 18, 1992, Joseph Kirchevel, a gas station attendant, noticed the decedent, Paul Reynolds, behaving in a strange manner near the gas pumps. As Reynolds approached the window, Kirchevel asked if he could help Reynolds. Reynolds responded, “Yes, I think you can,” and placed…

dissenting:

This case raises the question whether Deputy Jackson was entitled to qualified immunity when he used deadly force against Paul Reynolds. The answer to that question depends on whether “the totality of the circumstances ... justified the particular type of seizure” that sadly was carried out by Deputy Jackson. Curnow v. Ridgecrest Police, 952 F.2d 321 , 325 (9th Cir.1991). Because material factual questions remain unanswered, I believe a jury should determine whether the totality of the circumstances that Deputy Jackson faced warranted his use of deadly force against Reynolds. Sloman v. Tadlock, 21 F.3d 1462, 1468 (9th Cir.1994). Accordingly, I dissent.

I agree that we should not use the “20/20 vision of hindsight” to second guess the actions of police officers when they use deadly force to defend themselves from imminent harm. Graham v. Connor, 490 U.S. 386, 396 , 109 S.Ct. 1865, 1871-72 , 104 L.Ed.2d 443 (1989). But this does not mean that a finding of qualified immunity is automatic. Rather, courts must assess whether the use of deadly force to effect a seizure was reasonable according to the requirements of the Fourth Amendment. Tennessee v. Garner, 471 U.S. 1, 7…