Tennessee Vs Garner Case Study

Officer Hymon used deadly force to stop Mr. Garner. In Tennessee, Office Hymon was “acting under the authority of a Tennessee statue and pursuant to Police Department policy. This policy states, if after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest" JUSTIA US Supreme Court Tennessee v. Garner 471 U.S. 1 (1985). Mr. Garner’s father thought the use of deadly force was wrong. However “the Court of Appeals for the Sixth Circuit affirmed with regard to Hymon, finding that he had acted in good faith reliance on the Tennessee statute, and was therefore within the scope of his qualified immunity.”

Biographical information Michael T. Slager Born: November 14, 1981 Place of Birth: Florida Walter Lamar Scott Born: February 9, 1965 Place of Birth: North Charleston, SC Location of Crime: North Charleston, South Carolina Date of Crime: April 4, 2015 Summary of the case Police officer Michael T. Slager from South Carolina was charged with using excessive force against an innocent motorist and killing him. The defendant pleaded guilty in a federal court in Charleston, South Carolina (Blinder, 2016).

The Ashwander V Tennessee Authority case was argued December 19th 1935. McReynolds claimed that the Tennessee Valley Authority Act was unconstitutional while Brandeis was concurring for it. Brandeis collected and presented the Ashwander rules in the case, which are a set of rules which state that the constitutionality of an internal issue between shareholders should not be disputed or taken too literally. The TVA was firstly signed by President Roosevelt May 18th, 1933. This act was put into place as a part of the New Deal, involved with the intent to help Americans out of the depression and improve the economy of the Country.

In the case of Tennessee vs Garner 471 US 1 1985 Edward Garner a 15 year old young man broke into a house, he was found hiding outside in the backyard by responding Officer Elton Hymen. Gardner made a fatal decision to flee even after being ordered by the police to stop, Garner tried to climb a six foot fence at that point officer Hymen shot and killed Garner. In this case the U.S. Supreme Court declared the “Fleeing Felon Doctrine” unconstitutional in that it violated the Fourth Amendment in that it was an unreasonable seizure. In Justice White delivery of the Courts opinion they “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

Dissenting opinion for Johnson Is there any sort of consequences to someone if they burn the American Flag? In the U.S Supreme Court case “Texas v. Johnson”, Johnson was jailed by the start of Texas due to the desecration of the American Flag. The U.S. Supreme Court accepted his case, and the majority opinion of the case decided it was not a criminal offence to burn a flag because of the First Amendment. We the dissenting opinion believe that the burning of the American Flag should be a criminal offence.

Oscar Grant ended up being shot and killed. Some thought of this to be an accident, but many factors go to show quite the opposite. This killing was intentional, and in no way was it an accident. Officer Mehserle stated this action was an accident, in which he meant to use his taser instead of his handgun (Meyer). I do not believe this, and many others don't either.

The incidents I chose that have shown the most criminal justice malfeasance is the Eric Garner incident in New York and the killing of Justine Damond. All five contextual themes can be seen in this case and the administrative concepts that could have prevented these situations can be seen as well. I will go over these cases one at a time to not be confusing to the reader. The first case I will discuss is the case of Eric Garner and the incident that ultimately led to his death. “Eric Garner was lumbering along a sidewalk on Staten Island on a July day when an unmarked police car pulled up.

The article I read about written by Wendy Gillis was about a police officer using excessive force against someone who seemed to have put a major threat towards the officer and resulted in a death. The shooting happened July 27, 2013 and ended the life of Sammy Yatim. A short summary of what happened was that Yatim pulled out a knife and was waving it around on the TTC, he told everyone to exit the bus and he put no one in harm. James Forcillo and his partner were the first to arrive at the scene and don’t Yatim multiple times to “drop the knife”.

Pantaleo had Garner in a chokehold and knocked him out, while unconscious other police officers got on top of him during the restraint, compressing his chest even more. Officers came to Garner with suspicion of Garner selling cigarettes, though Garner expressed that he was doing no such thing. When the officer moved in to arrest him, Garner swiped his hand away. At that time, Pantaleo put his arm around Garner’s neck and pulled him down to the ground. After choking him for several seconds, other police officers went to restrain Garner.

Eric Garner was a 43 year old black man who lived in New York City. In July of 2014 Garner was suspected of selling untaxed cigarettes. (Eversley) Police at the scene forced Garner to the ground. The officer who was controlling the scene,

His death occurred in Staten Island, New York City in May in July 2014. Officer Daniel Pantaleo put his arm around Garner's neck and pulled him down onto the ground. Then, the officer pushed Garner's face close into the ground. Garner was repeated: "I can not breathe" eleven times, but Pantaleo didn't stop. Garner then lost consciousness and was lying facedown on the sidewalk.

At the same time that I believe there are police officers who use excessive force, I believe there are people who are defying and undermining the officers. At the same time that the officers are protecting themselves, the innocent citizens should not be getting shot. Philando Castile’s gun was not even loaded, nor did he ever reach for the gun. This is one of the most asked topics that presidential candidates were asked during their election periods. It does not really seem like much can be done with the situation until the officer for this particular case goes on trial.

Isaiah Hart Jennings Eng 1020 11/7/16 Annotated bibliography Leder , Drew. " Guns and voices." : 82+. Academic OneFile.

For decades now, the controversy over deadly force has continued to show up in the news when police officers have acted in a manner that some citizens find just while others deem completely unfair. Many lawsuits stemming from shootings and crimes have found their way to local courts or the Supreme Court to deal with this issue. A portion of the U.S. population finds deadly force unnecessary when non-lethal weapons such as pepper spray or batons just as easily subdue the criminal. In addition, these citizens argue that officers might be liable for cases filed against them if they use excess force on people that seem suspicious but have not actually committed a crime. On the other hand, the opposing argument in favor of deadly force states that

On January 1st 2009 Officer Johannes Mehserle shot and killed an innocent man. Oscar Grant was just getting off of the train from a previous New Year's party with a group of his friends. While on the train, one rider had reported that a fight broke out onboard. When Grant and his friends made it to the station, they were taken custody. That is when Officer Mehserle intentionally shot and killed Oscar Grant.