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YOUNT v. CITY OF SACRAMENTO

No. S139762.

43 Cal.4th 885 (2008)

STEVEN YOUNT, Plaintiff and Appellant, v. CITY OF SACRAMENTO et al., Defendants and Respondents.

Supreme Court of California.

May 19, 2008.

Attorney(s) appearing for the Case

The Cochran Firm and Brian T. Dunn for Plaintiff and Appellant.

Samuel L. Jackson and Eileen M. Teichert, City Attorneys, and Matthew D. Ruyak, Deputy City Attorney, for Defendants and Respondents.

Mastagni, Holstedt, Amick, Miller, Johnsen & Uhrhammer and Christopher W. Miller for The Peace Officers Research Association of California Legal Defense Fund as Amicus Curie on behalf of Defendants and Respondents.

Meyers, Nave, Riback, Silver & Wilson and Alan M. Cohen for League of California Cities as Amicus Curie on behalf of Defendants and Respondents.

OPINION

BAXTER, J.

Plaintiff Steven Yount suffered injuries when Sacramento Police Officer Thomas Shrum shot him in the left buttock as Shrum and three other officers were trying to transport him to jail following his arrest for driving under the influence of alcohol (DUI). Just prior to the shooting, Yount, despite being in handcuffs and leg restraints, was struggling and threatening the officers. Officer Shrum, intending to draw...

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