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Hymon V. Garner Case Study

1023 Words5 Pages

Before the Garner case there were four rules that dictated lawful deadly force by an officer on a suspect. The Any Felony Rule, The Defense of Life Rule, The Model Penal Code, The Forcible Felony Rule. The Any Felony Rule gave officers the authorization to use any and all means necessary to arrest a felon suspect or prevent them from fleeing. It was interpreted as giving law enforcement the legal permission to shoot an unarmed fleeing felony suspect. The defense of life rule states that police officers can use deadly force only in situations were their own lives or the life of another person are in danger. The Model Penal Code states that and individual commits involuntary manslaughter when they commit a criminal homicide in a reckless …show more content…

When they arrived, a neighbor flagged the officers. The neighbor told them that she heard glass breaking next door. Hymon’s partner contacted dispatch while he headed to the backyard. Edward Garner Ran across the backyard and stopped to climb a six foot tall fence at the edge of the yard. Hymon shined his flashlight and Ganer and was able to see that Garner didn’t have a weapon. Hymon stated that he was “reasonably sure” and “figured” that Garner was unarmed. He believed that Garner was 17 or 18 years. While Garner was attempting to climb the fence, he ordered him to halt. While Garner was climbing over the fence Hymon shot him to prevent his …show more content…

His complaint alleged that the shooting violated Garner’s Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendment rights under the United States Constitution. Officer Hymon was named a defendant, along with the Police Department, and the Mayor as well as the city of Memphis. After a bench trial the District Court dismissed the claims against the Mayor and the Director, because of a lack of evidence. The court concluded that Hymon’s actions were constitutional, because they where authorized by the Tennessee statute. The court said that Hymon had exercised his only reasonable and practicable means of preventing Garner’s

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