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Tennessee Vs Garner Case Study

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The case of Tennessee v Garner The case of Tennessee v Garner is about use of deadly force, officer shot and killed and unarmed suspect in an ongoing robbery. Facts of the case Memphis officers Leslie Wright and Elton Hymon were called about a robbery taking place. Once they arrived on the scene the neighbor who called the robbery told the officers she heard glass breaking and someone was trying to break in. Hymon then walked around back and saw Edward Garner run towards the fence located in the backyard. Officer Hymon then order Garner to “halt” and pointed his flashlight, he was able to see Garner face and that he did not have a weapon. Once establishing that Garner did not in fact have a weapon, Officer Hymon then proceeded to walk towards him and that’s when Garner proceeded to climb over the fence. In attempt to keep him from escaping Hymon shot Garner in the back of the head. Garner was then transported to the hospital where he died on the operating table, found on his body was ten dollars and a purse. Garner’s father brought a suit in 1983 arguing that his son’s fourth, fifth ,sixth, eighth, and fourteenth amendments right were violated. The District court found that Hymon’s use of DF was in good standing, Court of Appeals reversed it stating the facts did not justify the use of DF. Issue …show more content…

When is it okay for an officer to use deadly force? In the case Tennessee v Garner the biggest issue among the courts was deadly force. Was the deadly force used by Officer Elton Hymon necessary against Edward Garner? An officer should only result to deadly force if a suspect is attempting to flee in order to escape custody or is armed and is threatening the officer’s

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