4.99 See Answer

Question: Read the excerpt of the case, Tennessee


Read the excerpt of the case, Tennessee v. Garner in Appendix VII. Answer the following questions:
a. Which constitutional provisions apply to this case and how do they apply?
b. What statutory law is the Court interpreting in this case?
c. Did the Court strike down the Tennessee statute? Quote the language that applies.
d. What common-law rule was mentioned by the Court?
e. Why did the Court not follow the common-law rule?
f. In this case, the Court held that the use of deadly force in arresting an individual is a violation of the Fourth Amendment. Rambeaux is accused of using excessive force (not deadly). Does this case apply to Rambeaux? Why or why not? Quote language from the case that supports your position.

Excerpt of the case from Appendix VII:
Opinion
This case requires us to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspected felon. We conclude that such force may not be used unless it is necessary to prevent the escape, and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. I At about 10:45 p.m. on October 3, 1974, Memphis Police Officers Elton Hymon and Leslie Wright were dispatched to answer a “prowler inside call.” Upon arriving at the scene they saw a woman standing on her porch and gesturing toward the adjacent house. She told them she had heard glass breaking and that “they” or “someone” was breaking in next door. While Wright radioed the dispatcher to say that they were on the scene, Hymon went behind the house. He heard a door slam and saw someone run across the backyard. The fleeing suspect, who was appellee-respondent ’s decedent, Edward Garner, stopped at a 6-foot-high chain link fence at the edge of the yard. With the aid of a flashlight, Hymon was able to see Garner ’s face and hands. He saw no sign of a weapon, and, though not certain, was “reasonably sure” and “figured” that Garner was unarmed. He thought Garner was 17 or 18 years old and about 5ʹ5˝ or 5ʹ7˝ tall. While Garner was crouched at the base of the fence, Hymon called out “police, halt” and took a few steps toward him. Garner then began to climb over the fence. Convinced that if Garner made it over the fence he would elude capture, Hymon shot him. The bullet hit Garner in the back of the head. Garner was taken by ambulance to a hospital, where he died on the operating table. Ten dollars and a purse taken from the house were found on his body.
In using deadly force to prevent the escape, Hymon was acting under the authority of a Tennessee statute. The statute provides that “[if], after notice of the intention to arrest the defendant, he either flees or forcibly resists, the officer may use all the necessary means to effect the arrest.” Tenn. Code Ann. § 40-7-108 (1982). The incident was reviewed by the Memphis Police Firearms Review Board and presented to a grand jury. Neither took any action. Garner ’s father then brought this action in the Federal District Court for the Western District of Tennessee, seeking damages under 42 U.S.C. § 1983 for asserted violations of Garner ’s constitutional rights. The complaint alleged that the shooting violated the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. It named as defendants Officer Hymon, the Police Department, its Director, and the Mayor and city of Memphis. After a 3-day bench trial, the District Court entered judgment for all defendants. It dismissed the claims against the Mayor and the Director for lack of evidence. It then concluded that Hymon ’s ……………..


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4.99

See Answer