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''YOUNT v. CITY OF SACRAMENTO''〔(【引用サイトリンク】url=https://scholar.google.com/scholar_case?case=11579630359806439435&hl=en&as_sdt=6&as_vis=1&oi=scholarr )〕 was a decision of the California Supreme Court which significantly expanded the rights of convicted arrestees subjected to excessive force during arrest. The case was brought by Brian T. Dunn of The Cochran Firm in California on behalf of Steven Yount〔(【引用サイトリンク】url=http://www.cochranfirm.com/news/yount-permitted-to-sue.html )〕 when Mr. Yount was shot by a Sacramento Police Officer after being handcuffed during a DUI arrest. ==Factual Background== During the early morning hours of March 10, 2001, Steven Yount, the plaintiff in the Yount case, left his home, got into his car, and drove to a 7-Eleven store in Sacramento, California for the purpose of purchasing alcohol. Mr. Yount had already consumed beer and liquor that morning, and was very drunk. A security guard in the parking lot of the 7-Eleven called police after he observed the visibly intoxicated Mr. Yount attempting to get back into his vehicle. Sacramento Police Department Officer Samuel Davis arrived at the 7-Eleven, approached Mr. Yount’s car and asked Mr. Yount to step out of the vehicle. Mr. Yount complied with Officer Davis’ request to get out of the car but refused to get inside Officer Davis’ patrol vehicle. After some effort, Officer Davis was able to secure Mr. Yount in the backseat of his patrol vehicle. While in the backseat of the patrol vehicle, Mr. Yount shouted obscenities and racial slurs at Officer Davis and kicked and banged his head against the side and window of the patrol vehicle. With the assistance of two security guards in the area, Officer Davis was able to pull Mr. Yount out of the patrol vehicle, handcuff him, and place him back inside the patrol vehicle. After Mr. Yount was placed back inside the patrol vehicle, he continued to shout and kick and bang his head against the doors of the vehicle. Sacramento Police Department Officers Debra Hatfield, Daniel Swafford, and Thomas Schrum responded to the 7-Eleven to assist Officer Davis. Officer Schrum opened the door of Officer Davis’ patrol vehicle to ask Mr. Yount for identification. When Officer Schrum opened the door of the patrol vehicle, Mr. Yount popped out of the vehicle, attempted to move right in Officer Schrum’s face, and continued to yell and curse at the officers. Officer Schrum forced Mr. Yount back into the patrol vehicle. Mr. Yount continued yelling obscenities at the officers and banging on the patrol vehicle while kicking his legs at Officer Schrum. Officer Swafford tased Mr. Yount. After Officer Swafford deployed the Taser, Mr. Yount became more violent and continued to yell obscenities and racial slurs at the officers. Mr. Yount also kicked out the window of Officer Davis’ patrol vehicle. The officers decided to restrain Mr. Yount’s legs before placing him into a different patrol vehicle. When they attempted to pull Mr. Yount out of Officer Davis’ patrol vehicle, Mr. Yount refused to cooperate and resisted the officers’ efforts to remove him from the vehicle. The officers eventually managed to pull Mr. Yount out of Officer Davis’ patrol vehicle. After the officers pulled Mr. Yount out of the patrol vehicle, Officer Davis stumbled and fell to the ground and Mr. Yount kicked him and spat at him. Officer Davis got on top of Mr. Yount, who was continuing to struggle and shout, and the officers were able to successfully secure Mr. Yount’s legs with ankle restraints. Mr. Yount continued to resist the officers by kicking and spitting at them. Officer Schrum pulled out what he thought was a Taser, and fired it at the back of Mr. Yount’s thigh. After firing at Mr. Yount, Officer Schrum realized that he had mistakenly grabbed his firearm instead of his Taser. Mr. Yount sustained a gunshot wound to his left buttock. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Yount v. City of Sacramento」の詳細全文を読む スポンサード リンク
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