Yount v. City of Sacramento

Yount v. City of Sacramento[1] was a decision of the California Supreme Court, which significantly expanded the rights of a convicted arrestee subjected to excessive force during arrest.

A security guard in the parking lot of the 7-Eleven called police after he observed the visibly-intoxicated Yount attempting to get back into his vehicle.

Sacramento Police Department Officer Samuel Davis arrived at the 7-Eleven, approached Yount's car, and asked him to step out of the vehicle.

Sacramento Police Department Officers Debra Hatfield, Daniel Swafford, and Thomas Schrum responded to the 7-Eleven to assist Davis.

Yount continued yelling obscenities at the officers and banging on the patrol vehicle while kicking his legs at Schrum.

After Swafford deployed the Taser, Yount became more violent and continued to yell obscenities and racial slurs at the officers.

After the incident, Yount was charged with resisting arrest in violation of California Penal Code, section 148, and driving under the influence.

1983 claim was a collateral attack on the conviction for resisting arrest and so was barred by Heck v. Humphrey,[3] 512 U.S. 477, 129 L. Ed.

The California Supreme Court also noted, however, that he had alleged that the use of deadly force was excessive under the circumstances and not justified by his acts of resistance during the incident.

His criminal conviction for resisting arrest, standing alone, did not establish a justification for Schrum's use of deadly force against him.