A recent California Supreme Court decision has allowed an arrested person who was shot in the buttocks while resisting arrest to file a civil complaint despite his conviction. Sacramento Police officers arrested Yount on suspicion of drunk driving. An officer mistakenly pulled out his pistol instead of his taser and shot Yount once in the buttocks. Yount entered a plea of no contest to resisting arrest under PC 148.
The essence of the majority decision rested upon the notion that because Yount’s resistance did not justify the use of deadly force, Yount’s claim was not barred.
-source Metropolitan News-Enterprise
