case brief tennessee v garner

1435 results for case brief tennessee v garner

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  • 471 U.S. 1 (1985), 83-1035, Tennessee v. Garner

    ... insofar as it authorizes the use of deadly force against, as in this case, an apparently unarmed, nondangerous fleeing suspect; such force may not ... precedent to the state's entire system of law enforcement." Brief for Petitioners 14.         Without in any way disparaging the ...

  • 539 U.S. 558 (2003), 02-102, Lawrence v. Texas

    ...4574 . John Geddes LAWRENCE and Tyron Garner, Petitioners, . v. . TEXAS.   . No. ....         (a) Resolution of this case depends on whether petitioners were free as ...Tennessee, 501 U.S. 808, 828, 111 S.Ct. 2597, 115 L.Ed.2d ....         For U.S. Supreme Court Briefs, See: .         2003 WL 152352 ...

  • 569 U.S. 141 (2013), 11-1425, Missouri v. McNeely

    ...1826, 16. L.Ed.2d 908. This case, the state court found, involved a. routine ... of the circumstances. Brief for Petitioner 28-29. But the. State ... Tennessee v. Garner, 471 U.S. 1, 8-9, 20,. 105 S.Ct. ...

  • 827 F.2d 1102 (6th Cir. 1987), 85-5828, Jones v. Sherrill

    ...Two police officers of White House, Tennessee, were attempting to apprehend Charles Sherrill, a ... before the district court nor her briefs before this court indicate precisely what ... to have been violated by the state in this case. Her brief makes reference to Tennessee v. ...

  • 559 U.S. 133 (2010), 08-6925, Johnson v. United States

    ...Moreover, this is not a case where Congress has "include[d] particular ...App. 44–45. Moreover, the parties briefed the §924(e)(2)(B)(ii) issue to the Eleventh ... felonies were punishable by death, see Tennessee v. Garner , 471 U.S. 1, 13, 105 S.Ct. 1694, 85 ...

  • 550 U.S. 372 (2007), 05-1631, Scott v. Harris

    ... could constitute "deadly force" under Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 ...Pp. 377-378. (b) The record in this case includes a videotape capturing the events in ...With. him on the briefs were Sun S, Choy and Orin S. Kerr. ...

  • __ U.S. __, 17-467, Kisela v. Hughes

    Kisela, a Tucson police officer, shot Hughes less than a minute after arriving, with other officers, at the scene where a woman had been reported to 911 as hacking a tree with a knife and acting erratically. When Kisela fired, Hughes was holding a large kitchen knife, had taken steps toward nearby woman (her roommate), and had refused to drop the knife after at least two commands to do so. Hughes

    ...cases on this general subject, Tennessee v. ... " Garner and Graham do not by. themselves create ... during the brief encounter. . .           ...

  • __ U.S. __ (2017), 16-67, White v. Pauly

    Two women called 911 to report Daniel as a “‘drunk driver’” on a highway near Santa Fe, then followed Daniel with their bright lights on. Daniel, feeling threatened, pulled over at an off-ramp to confront them. After a nonviolent encounter, Daniel drove to a secluded house where he lived with his brother, Samuel. Officer Truesdale interviewed the women at the off-ramp and obtained Daniel’s...

    ... .          This. case addresses the situation of an officer ... confront them. After a brief, nonviolent encounter, Daniel. drove a ... inter alia, Tennessee v. Garner,. 471 U.S. 1, 105 S.Ct. 1694, 85 ...

  • 751 F.3d 752 (6th Cir. 2014), 12-6314, Cartwright v. Garner

    ... Court for the Western District of Tennessee at Memphis. No. 2:12-cv-01025--Jon Phipps .... .           ON BRIEF: . .           Justin E. Mitchell, .... .           The parties in this case have been engaged for years in multiple lawsuits ...

  • __ U.S. __ (2017), 16-369, Cty. of Los Angeles v. Mendez

    The Los Angeles County Sheriff’s Department had information that a potentially armed and dangerous parolee-at-large had been seen at a certain residence. While others searched the main house, deputies searched the property. Unbeknownst to the deputies, Mendez and Garcia were napping inside a shack where they lived. Without a search warrant and without announcing their presence, the deputies...

    ...The. operative question in such cases is " whether the. totality of the ... of search or seizure." Tennessee v. Garner, 471. U.S. 1, 8-9, 105 S.Ct. ...Id., at 59a. During this briefing, it. was announced that a man named Angel ...

  • 459 U.S. 392 (1983), 81-1613, Memphis Bank & Trust Co. v. Garner

    ...    APPEAL FROM THE SUPREME COURT OF TENNESSEE.         Syllabus.         A ...Our cases establish, however, that, if the. tax remains ... to the United States, which filed a brief as amicus curiae in support of reversal, if ...

  • __ U.S. __ (2014), 12-1117, Plumhoff v. Rickard

    ... in cases in which the defendant asserts a qualified. ... Tennessee. While on I-40, they attempted to stop Rickard. ... (1989); Tennessee v. Garner, 471 U.S. 1,. 105 S.Ct. 1694, 85 L.Ed.2d 1 ... terminate the chase. See Brief for Respondent 24-35. Second,. she argues ...

  • 473 U.S. 159 (1985), 84-849, Kentucky v. Graham,

    ...On the second day of trial, the case was settled in favor of respondents, who then ...App. to Brief for Respondents 21-22.         Alleging ...See, e.g., Memphis Police Dept. v. Garner, 471 U.S. 1 (1985) (decided with Tennessee v. ...

  • 465 F.3d 280 (6th Cir. 2006), 04-5478, Dyer v. Bowlen

    ... Court for the Eastern District of Tennessee at Chattanooga., No. 01-00392—R. Allan Edgar, ... .           ON BRIEF: .          Angele M. Gregory, OFFICE ... of the district court and REMAND the case for further proceedings consistent with this ... attached to the covered crimes." Garner v. Jones, 529 U.S. 244, 250, 120 S.Ct. 1362, 146 ...

  • 499 U.S. 621 (1991), 89-1632, California v. Hodari D.

    ...No physical force was applied in this case, since Hodari was untouched by Pertoso before he ... extends to "seizures that involve only a brief detention short of traditional arrest." United ... by an officer's gunshot, [ 16 ] as in Tennessee v. Garner , 471 U.S. 1, 11 (1985) ("A police ...

  • 49 F.3d 945 (3rd Cir. 1995), 94-1320, In re City of Philadelphia Litigation

    ...(Three Cases) . Ramona AFRICA . v. . CITY OF ... the Supreme Court set forth in Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d ...We consolidated the appeals for briefing and argument. 8 . .        III. ...

  • 652 F.3d 524 (4th Cir. 2011), 08-7433, Henry v. Purnell

    .... .           ON BRIEF: . .           Steven H. Goldblatt, ...However, because Tennessee v. Garner prohibits shooting suspects who pose ...case stems from the grant of summary judgment for ...

  • 513 U.S. 454 (1995), 93-1170, United States v. Treasury Employees

    ... executives who are not parties to this case, it is reversed as overinclusive. However, in ...With him on the briefs were Solicitor General Days, Assistant Attorney ... Grace, supra, at 183. In Tennessee v. Garner, 471 U.S. 1 (1985), the Court ...

  • 430 F.3d 766 (6th Cir. 2005), 04-5783, Smith v. Cupp

    ... and as Sheriff of Hamilton County, Tennessee, Defendant, . Marty Dunn, Individually and as ...         ON BRIEF: .         W. Jeffrey Hollingsworth, Bret ... plaintiffs could not present a prima facie case to support the claims against Dunn. Dunn argued ... Tennessee v. Garner, 471 U.S. 1, 9 (1985). "The 'reasonableness' of ...

  • 747 F.3d 789 (9th Cir. 2014), 11-56360, Gonzalez v. City of Anaheim

    ...1994) (emphasis omitted) (quoting Tennessee v. Garner , 471 U.S. 1, 3, 105 S.Ct. 1694, 85 ... .          The key issue in this case is whether a reasonable jury would necessarily ... officers in the sense that he " may be briefly detained against his will . . . ." Just as a ...

  • 508 F.3d 576 (11th Cir. 2007), 06-14439, Long v. Slaton

    ... Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 1701, 85 ...In many cases, people have stolen police vehicles and used them ... court as an attachment to Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss. ...

  • 478 F.3d 1108 (10th Cir. 2007), 04-2062, Cortez v. McCauley

    ...Kennedy (Mary Y.C. Han with him on the briefs), of Kennedy & Han, P.C., Albuquerque, NM, and ... arrest claim in the facts presented by this case. Because our conclusion necessitates a change in ... See Tennessee v. Garner, 471 U.S. 1, 7, 105 S.Ct. 1694, 85 ...

  • 402 U.S. 183 (1971), 203, McGautha v. California

    ... power to pronounce life or death in capital cases violates any provision of the Constitution. Pp. ...50,. . 52 (1964). Tennessee was the first State to give juries sentencing ... at 610; see Garner v. Louisiana , 368 U.S. 157, 173 (1961). And in ... here is merely to provide an admittedly brief sketch of the several mechanisms that Congress ...

  • 496 F.3d 482 (6th Cir. 2007), 05-2409, Williams v. City of Grosse Pointe Park

    ...           ON BRIEF: .          Heather A. Jefferson, ... the principles governing excessive force cases under the Fourth Amendment and the objective ... by the principles enunciated in Tennessee v. Garner and Graham v. Connor. These cases ...

  • 472 U.S. 491 (1985), 84-28, Brockett v. Spokane Arcades, Inc.

    ...        [105 S.Ct. 2796] (a) These cases are governed by the normal rule that partial, ...1, 108 (1976). Just this Term, in Tennessee v. Garner, 471 U.S. 1 (1985), we held ... using the words "shameful or morbid." Brief for Appellees 26-27. One State, New Hampshire, ...