Tennessee V Garner

Tennessee v Garner refers to using “all necessary means to effect the arrest” in the case of a suspect fleeing or forcibly resisting (FindLaw, n.d.). With this Tennessee statute, there are some stipulations (FindLaw, n.d.). There must be a belief that the suspect will act in a manner which would cause serious physical harm or death to others (FindLaw, n.d.). The amount of forced used must be in balance with the crime committed and how imminent harm is likely to occur (FindLaw, n.d.).
Two police officers in Memphis, Tennessee, Elton Hymon and Leslie Wright, responded to a call about a suspect who was burglarizing a home in the night (Quimbee, n.d.). The suspect, a young male of slight build, and unarmed, jumped over the fence of the property
Edward Garner’s father chose to sue not only the officer who shot and killed his son, but also the police department who employed him, the director of the police department, city, and even the mayor at the time (FindLaw, n.d.). The lawsuit was filed for violating Garner’s civil rights. The initial ruling denied Mr. Garner’s motion and found in favor of each of the defendants (FindLaw, n.d.). Later, Garner’s father appealed, and this time, the courts ruled in favor of him, both reversing and remanding the case (FindLaw, n.d.).
A seizure is when a person’s freedom is restricted by an officer, and they are unable to leave on their own free will (FindLaw, n.d.). Under the Fourth Amendment, killing a suspect who has attempted to flee is also considered a seizure, but only when the force used is “reasonable” (FindLaw, n.d.). While burglary certainly a serious crime that should not be swept under the rug, to shoot an individual who is believed to be unarmed and will do no harm to the officer or public is unjust in nature.
Graham v Connor pertains to the amount of force an officer may legally use against a suspect (FindLaw, n.d.). This is determined on a case by case basis. In particular, it considers how an officer who