case brief tennessee v garner

1432 results for case brief tennessee v garner

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  • 805 F.3d 760 (6th Cir. 2015), 14-3817, Mullins v. Cyranek

    Cincinnati officers, assigned to provide security outside the Black Family Reunion at Sawyer Point, were informed that young African American males were throwing guns over the fence to individuals who were inside. After Cyranek and other officers approached, those individuals ran toward downtown. The officers were then told to provide extra security at Government Square and Fountain Square....

    ... .          ON BRIEF: .          Christopher D. ...2005) (quoting Tennessee v. Garner, 471 U.S. 1, 11, 105 S.Ct. ... facts and circumstances of this case, Cyranek's use of deadly force ...

  • 516 F.3d 489 (6th Cir. 2008), 06-5931, Brannum v. Overton County School Bd.

    ... for the Middle District of Tennessee at Cookeville. No. 03-00065-William ...           ON BRIEF: .          Michael B. ... there are exceptions, and this case" presents one of them.       \xC2"... that the search will garner evidence that a student has violated ...

  • 622 F.3d 275 (3rd Cir. 2010), 08-3621, In re Community Bank of Northern Virginia

    ...; Rowena Drennen; David Garner; Diane Garner; Shawn Starkey; Lorene ... District Court's Viability Briefing 285 . 4. The Modified ... the District Judge in this case.           I. Factual and ..., South Carolina, Tennessee, Utah, Washington, Wisconsin, ...

  • Murphy v. City of Tulsa, 121619 FED10, 18-5097

    ...Zickefoose with him on the briefs), Baum. Glass Jayne & Carwile ... conviction was vacated and the case was dismissed with. prejudice. ... Tennessee v. Garner, 471 U.S. 1 (1985)). Given ...

  • Pauly v. White, 103117 FED10, 14-2035

    ...Standridge, on the brief), of Jarmie &. Associates, Las ... our judgment, and remanded the case to us. for further ...at 396, Tennessee. v. Garner, 471 U.S. 1, 11-12 ...

  • 871 F.3d 998 (9th Cir. 2017), 16-15175, Estate of Lopez v. Gelhaus

    The Ninth Circuit affirmed the district court's denial of defendants' motion for summary judgment in an action brought under 42 U.S.C. 1983, alleging the use of excessive force. In this case, a sheriff's deputy fatally shot Andy Lopez, a thirteen-year-old who was holding a toy gun. The panel held that the deputy deployed deadly force while Andy was standing on the sidewalk holding a gun that was...

    ... panel therefore remanded the case". for trial. . . \xC2"... believes he saw Andy " briefly glance backwards". over his ... Garner case" than it did on Graham. ... observed in any event that Tennessee v. Garner,. 471 U.S. 1, 105 ...

  • INJUSTICE AT THE BORDER: APPLICATION OF THE CONSTITUTION ABROAD THROUGH THE CONFLICT OF LAWS.

    ...THE HERNANDEZ CASE 1248 III. FOURTH vs. FIFTH AMENDMENT ...at 278. . (83) See Tennessee v. Garner, 471 U.S. 1, 7 (1985) .... (84) See Brief in Opposition to Petition for a Writ ...

  • Naselroad v. Mabry, 021419 FED6, 18-5047

    ...brief summary of the tangled history of is. case. Following Naselroad's shooting, ... Tennessee v. Garner, 471 U.S. 1, 7 (1985). We ...

  • 763 Fed.Appx. 452 (6th Cir. 2019), 18-5047, Naselroad v. Mabry

    ... begin with a brief summary of the tangled history of is. case. Following Naselroad’s shooting, ... Fourth Amendment." Tennessee v. Garner, 471. U.S. 1, 7, 105 ...

  • 328 F.3d 427 (8th Cir. 2003), 02-1081, Kuha v. City of Minnetonka

    ...Yira, on the brief), appellant.         Jon K. ... under the circumstances of the case--where Kuha had fled from a minor ...1865 (citing Tennessee v. Garner, 471 U.S. 1, 8-9, 105 ...

  • HYPERTEXTUALISM AND THE CLEAN WATER ACT: REJECTING RIGID INTERPRETATIONS OF ENVIRONMENTAL STATUTES.

    ... 1133 STATUTES: A CWA CASE STUDY A. Erosion of the ... connection theory has garnered the most support from courts. This ... successive cases in 2018: Tennessee Clean Water Network v. Tennessee ... from Seattle because of their brief stop in Philadelphia? According to ...

  • Thomas v. Bryant, 032219 FED5, 19-60133

    ...This case involves a. claim that one ... next day, Defendants filed a brief opposing Plaintiffs'. motion ... terms. See Scalia & Garner, Reading Law: The. ...Rural West Tennessee African-American Affairs. ...

  • 850 F.3d 686 (4th Cir. 2017), 15-4767, United States v. Lara

    Defendant was convicted of aggravated sexual battery of a mentally incapacitated victim. Defendant began a term of supervised probation after his prison sentence which required that defendant attend a Sex Offender Treatment Program. During an interview in the program, defendant disclosed details about his sexual history, including his sexual contact with minors and commission of forcible sexual...

    ..., DAN BIEGER, PLC, Bristol, Tennessee, for. Appellant. . . ... BRIEF":. . .         \xC2"... case. The defendant, Juan Lara, contends ... (quoting Garner v. United States, 424 U.S. 648, ...

  • 767 F.3d 1063 (11th Cir. 2014), 13-14805, West v. Davis

    Plaintiff filed suit against defendant under 42 U.S.C. 1983, alleging that defendant subjected her to an unreasonable seizure and for using excessive force in the course of the seizure in violation of her Fourth Amendment rights. Plaintiff's claims arose from an incident where she was asked to remove her suit jacket at a security checkpoint in a courthouse. The district court granted summary...

    ... courthouse, she placed her briefcase and purse on the conveyor belt of ...at 396 (quoting Tennessee v. Garner , 471 U.S. 1, 8, 105 S.Ct. ...case under 42 U.S.C. § 1983 in which the ...

  • 814 F.2d 277 (6th Cir. 1987), 83-5683, Nishiyama v. Dickson County, Tenn.

    .... DICKSON COUNTY, TENNESSEE, a political subdivision of the . ... service voted to rehear the case en banc, thus vacating the panel ... . briefing the case was argued before the full ...Tennessee v. Garner...

  • Criminal innovation and the warrant requirement: reconsidering the rights-police efficiency trade-off.

    ... the Nash equilibria, with brief intuitive explanations of what they ... Misconduct in Criminal Cases, 57 WASH. L. Rev. 635, 645 (1982) ...

  • Williams v. Lance Corporal Kyle Strickland, 030519 FED4, 18-6219

    ... BRIEF":. . .         \xC2"... the case by crediting the plaintiff's ...See Tennessee v. Garner, 471. U.S. 1, 9 ...

  • 774 F.3d 336 (6th Cir. 2014), 13-5790, United States v. Miner

    Miner marketed two schemes that promised to avoid taxes. Miner’s first scheme, IRx Solutions, offered to assist clients in requesting alterations to their Individual Master Files (IMFs), which are internal IRS records pertaining to each taxpayer. Miner claimed that the IRS was engaged in widespread fraud by improperly coding individuals as businesses on their IMFs so that tax could be assessed...

    ... the Eastern District of Tennessee at Knoxville. No. .... .           ON BRIEF: . .           Robert L. ... but upon two of our previous cases, which reach differing conclusions ... admitted would probably not garner a response from the IRS--was a ...

  • Goode v. City of Philadelphia, 060619 FED3, 18-1552

    ... point, Avery was able to briefly grab Goode but could not. stop ... Defendants removed the case to the United States District. ...at 183 (quoting. Tennessee v. Garner, 471 U.S. 1, 3 (1985)). ...

  • 848 F.3d 899 (10th Cir. 2017), 16-4010, Estate of Redd v. Love

    In 2009, as part of a federal law-enforcement investigation, FBI and Bureau of Land Management (“BLM”) agents arrested twenty-three people and searched twelve properties in and near three Utah cities. The operation targeted persons possessing and trafficking in Native American artifacts illegally taken from the Four Corners region of the United States. One day after agents searched Dr. James D....

    ... briefs), Moriarity & Badaruddin, Missoula, ...at 396 (quoting Tennessee v. Garner, 471 U.S. 1, 8, 105 ... greatly from those in this case, its framework doesn't. fit ...

  • 821 F.3d 772 (6th Cir. 2016), 15-3175, Graves v. Mahoning Cnty.

    The plaintiffs, Ohio “exotic dancers” who have been arrested on charges ranging from prostitution to drug distribution to assault to witness intimidation, alleged that court clerks in Mahoning County issued arrest warrants that violate the Warrant Clause. To satisfy this clause, a neutral and detached magistrate must independently determine that probable cause exists after weighing the evidence...

    ... BRIEF":. . .         \xC2"... case implicates the often-tricky ... technical." Tennessee v. Garner, 471 U.S. 1,. 14, ...

  • 739 F.3d 262 (6th Cir. 2014), 12-5457, In re Southeastern Milk Antitrust Litigation

    ....           ON BRIEF: .           Neil K. ..., Ball & Scott, Knoxville, Tennessee, R. Laurence Macon, Akin Gump ... use when resolving antitrust cases. As much as we might wish that a ... the benefits one firm could garner by eliminating competition. [R. ...

  • 707 Fed.Appx. 552 (10th Cir. 2017), 16-2222, Malone v. Board of County Commissioners for County of Dona Ana

    ... .          Casey. B. Fitch, Damian L. Martinez, ... brief are not sufficiently analogous. In ... . . Tennessee v. Garner, 471 U.S. 1, 8-9, 105 ...

  • 817 F.3d 1198 (10th Cir. 2016), 14-2214, Perea v. Baca

    Jerry Perea died in 2011 after an incident involving Officers David Baca and Andrew Jaramillo. Merlinda Perea called 911 and told the operator that her son, Perea, was on “very bad drugs” and that she was afraid of what he might do. Baca and Jaramillo were sent to perform a welfare check. The officers were informed that they were responding to a verbal fight and that no weapons were involved....

    ..., New Mexico, with him on the briefs), for. Plaintiffs-Appellees. ... search for Perea in case he was a danger to himself. The. ...) (unpublished) (citing Tennessee v. Garner, 471. U.S. 1, 8-9, ...

  • 818 F.3d 840 (9th Cir. 2016), 13-56141, Lowry v. City of San Diego

    Plaintiff filed suit against the City under 42 U.S.C. 1983, alleging that the City's policy of training its police dogs to “bite and hold” individuals resulted in a violation of her Fourth Amendment rights. Plaintiff accidentally triggered the burglar alarm when she stayed the night on her office couch. The district court granted the City’s motion for summary judgment. The court concluded,...

    ..., we reverse and remand the case. for further proceedings. ... officers' orders and his brief physical resistance were. " ... dangerous." Tennessee v. Garner, 471 U.S. 1,. 21, ...