Guyton

Guyton v. Phillips

Bad Law

532 F. Supp. 1154·1981 U.S. Dist. LEXIS 16531

United States District Court, Northern District of CaliforniaDecember 18, 1981C-74-0357 MHPCalifornia8,703 words

Opinion

Patel, J.

This action is brought on behalf of the deceased minor by his mother as the Administratrix of the Estate. Tyrone Guyton was a black male who, at the time of his death, was fourteen years of age, five feet seven inches tall, and weighed 125 pounds. His death was caused by gunshot wounds inflicted by two officers of the Emeryville Police Department. The shooting occurred at approximately 10:30 p. m. on November 1, 1973. Guyton died at approximately 10:40 that same evening. Although the interval between the shooting and death was brief and the events leading up to it occurred over a short period of time, they are complicated and the subject of sharply conflicting testimony.

Tyrone Guyton was first observed on the evening of November 1, 1973 by Officers Dale Phillips and Thomas Mierkey. He and another black male were standing near a parked vehicle in an area referred to by the police as a high-crime area. In certain locations within that area police made frequent arrests for narcotics, firearms, and other offenses. The area is also a low-income residential area. Officers Phillips and Mierkey were in plain clothes patrolling in an unmarked vehicle. At approximately 10:00 or…

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Parties

Tyrone GUYTON, Etc.
Plaintiff
Dale PHILLIPS
Defendant

Judges

Patel

Cites (70)

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