Thursday, November 21, 2013

Tennessee v. Garner case brief

Tennessee v. Garner case brief summary
471 U.S. 1 (1985)


CASE SYNOPSIS
On writ of certiorari from the United States Court of Appeals for the Sixth Circuit, appellant sought review of the finding that police officers could not use deadly force in the apprehension of all criminals.

CASE FACTS
Appellee brought suit for violations of his son's constitutional rights against appellant city and appellant police department, and appellant state intervened after the court of appeals reversed the decision made by the district court on remand, finding the use of deadly force was unwarranted.

DISCUSSION

  • Affirming the judgment, the Court found that the apprehension of a suspect is a seizure for the purposes of the Constitution and the use of deadly force to achieve a seizure was only permitted under certain circumstances. 
  • The Court held that deadly force was only allowed to apprehend felons who the police had probable cause to believe were dangerous to them or to the public. 
  • The Court further found that the shooting of appellee's son, who was a suspect in a burglary, was not an acceptable use of deadly force.

CONCLUSION
The Court affirmed the judgment.

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