case brief tennessee v garner

1409 results for case brief tennessee v garner

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  • 478 U.S. 788 (1986), 85-588, University of Tennessee v. Elliott

    ... part in the consideration or decision of the case. .         WHITE, J., lead opinion. ... Garner v. Giarrusso, 571 F.2d 1330 (CA5 1978); Batiste ...Reply Brief for Petitioners 16. This argument is based on the ...

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

    ... force was applied in this case, since Hodari was untouched by ... "seizures that involve only a brief detention short of traditional ...'s gunshot, [ 16 ] as in Tennessee v. Garner , 471 U.S. 1, 11 (1985) ...

  • __ U.S. __ (2015), 13-1371, Texas Dep't of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project, Inc.

    The federal government provides low-income housing tax credits that are distributed to developers by state agencies, including the Texas Department of Housing and Community Affairs. The Inclusive Communities Project (ICP), which assists low-income families in obtaining affordable housing, brought a disparate-impact claim under Fair Housing Act sections 804(a) and 805(a), alleging that allocation...

    ...1536, 161 L.Ed.2d 410, the cases announcing the rule for Title VII ... now appropriate to provide a brief history of the FHA's enactment and ... assassinated in Memphis, Tennessee, and the Nation faced a new urgency ...Scalia & B. Garner, Reading Law: The Interpretation of ...

  • 852 F.3d 488 (6th Cir. 2017), 16-5452, United States v. Morrison

    ... District of Tennessee at Memphis. No. 2:15-cr-20115--John. ... BRIEF":. . .         \xC2"... curiam); In re Garner, 664 Fed.Appx. 441, 2016 WL. ...

  • Mason v. Lafayette City-Parish Consolidated Government, 111015 FED5, 14-30021

    ... district court disposed of the case on summary judgment, we state the ...          In Tennessee v. Garner , the Supreme Court ... discussed in the Masons' briefing. Babino's deposition contains an ...

  • Cole v. Carson, 082019 FED5, 14-10228

    ... case, police officers from Sachse, Texas ...          Tennessee. v. Garner announced the ... 310-11 (majority op.) (citing Brief for National Association. of ...

  • 935 F.3d 444 (5th Cir. 2019), 14-10228, Cole v. Carson

    ... case, police officers from Sachse, Texas ... Tennessee v. Garner announced the principle ... 310-11 (majority op.) (citing Brief for National Association. of ...

  • __ U.S. __ (2017), 15-118, Hernandez v. Mesa

    In 2010, a U.S. Border Patrol agent standing on U.S. soil shot and killed Hernandez, an unarmed 15-year-old Mexican national, standing on Mexican soil. Hernandez had been playing a game that involved running up the embankment on the U.S. side of the border. After the Justice Department closed an investigation, declining to file charges, Hernandez’s parents filed suit, including a “Bivens” claims...

    ... case involves a tragic cross-border ... opportunity to brief and argue its significance. In ... violations); Tennessee v. Garner, 471 U.S. 1, 11,. ...

  • 883 F.3d 941 (7th Cir. 2018), 17-1757, Horton v. Pobjecky

    Michael, age 16, and three other young men attempted to rob a Rockford pizzeria at gunpoint. Pobjecky, an off‐duty police officer waiting for a pizza, shot and killed Michael. Video recordings captured part of the incident, which involved a struggle for a gun. Michael’s participation in the struggle was disputed. He was apparently crawling when Pobjecky shot him. Wounds showing that three bullets

    ... excessive-force claims in Tennessee v. Garner, 471 U.S. 1, 105 ... each particular case, including the severity of the crime ...briefly after the shooting. Horton claims ...

  • 915 F.3d 1028 (6th Cir. 2019), 17-2159, Jacobs v. Alam

    ... BRIEF":. . .         \xC2"... search and seizure case brought by a private citizen.". ... Tennessee v. Garner, 471 U.S. 1, 7, 105 S.Ct. ...

  • Why arrest?

    ... are in adjudicating criminal cases and punishing the guilty. . For much ... the scene of the incident briefly rather than by an arrest. (192) Two ...In Tennessee v. Garner, the Court considered when ...

  • Intimate partner violence against Asian American women: moving from theory to strategy.

    ... be provided in all civil cases." (159) . Inadequacies in the ...) Microaggressions refer to "brief and commonplace daily verbal, ..., New Mexico, Oklahoma, Tennessee, and Washington) showed that of the ... consideration is how to garner financial support for such ...

  • 17 F.3d 944 (7th Cir. 1994), 92-4112, Donovan v. City of Milwaukee

    ... The events giving rise to this case transpired within a very brief ...at 1382. In Tennessee v. Garner, 471 U.S. 1, 7-8, 105 ...

  • 962 F.2d 1563 (11th Cir. 1992), 91-5137, Adams v. St. Lucie County Sheriff's Dept.

    ...The case proceeded to trial on the claims ... this area, we begin with Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. ...In their pleadings and briefs they do not contend that the persons ...

  • 510 U.S. 266 (1994), 92-833, Albright v. Oliver

    ... v. . OLIVER et al. . Case No. 92-833 . United States Supreme ...With him on the briefs was  Barry Nakell.  . . ... standards, see  Tennessee v. Garner,  471 U.S. 1 (1985) ...

  • Hernandez v. Mesa, 022520 FEDSC, 17-1678

    ... provisions as claims in cases in which damages remedies were. ...See, e.g.,. Brief for Petitioners 10-20. But Erie R. ... seizure. Tennessee v. Garner, 471 U.S. 1, 11 (1985). ...

  • 551 U.S. 644 (2007), 06-340, National Ass'n of Home Builders v. Defenders of Wildlife

    ... . . than remanding the case for the agency to explain its ...With him on the briefs for petitioner. Environmental ... the ESA prohibited the Tennessee Valley Authority (TVA) from putting ...Garner, Dictionary of Modern Legal Usage ...

  • 851 F.3d 1076 (11th Cir. 2017), 12-14989, McCarthan v. Director of Goodwill Industries-Suncoast, Inc.

    Petitioner, convicted of being a felon in possession of a firearm, petitioned for habeas relief, arguing that his earlier motion to vacate was inadequate to test his objection to his sentence enhancement because the court's caselaw about the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), has changed. The court concluded that, because the motion to vacate gave petitioner an opportunity to...

    ... decide whether a change in caselaw. entitles a federal prisoner ... instructed the parties to brief three issues: (1) do our. ...Garner,. Garner's Dictionary of Legal ... Payne v. Tennessee, 501 U.S. 808, 828, 111 S.Ct. ...

  • 538 U.S. 760 (2003), 01-1444, Chavez v. Martinez

    ... be "compelled in any criminal case to be a witness against himself," ...With him on the briefs were Roy T. Englert, Jr., Kathryn ...Tennessee, 322 U.S. 143, 155 (1944). See also ... Murphy, 465 U.S., at 440; Garner v. United States, 424 U.S. 648, 650 ...

  • 489 U.S. 803 (1989), 87-1020, Davis v. Michigan Department of the Treasury

    ...The question presented by this case is whether Michigan's tax scheme ...v. Garner , 459 U.S. 392, 397, and n. 7 ... in these circumstances, see Brief for Appellee 63, to the extent ... was the lawfulness of a Tennessee tax on the net earnings of. . ...

  • 876 F.3d 573 (4th Cir. 2017), 16-1294, Hensley v. Price

    After deputies shot and killed David Hensley outside of his home, plaintiffs filed suit against the deputies in their individual and official capacities under 42 U.S.C. 1983 and North Carolina law. The Fourth Circuit affirmed the district court's denial of summary judgment to the deputies based on qualified immunity and state defenses. The court held that a jury could conclude that Hensley never...

    ..., they watched as Hensley briefly struggled. with both Ferguson ... 2013). In the case at bar, the plaintiffs have alleged ...the Fourth Amendment." Tennessee v. Garner,. 471 U.S. 1, 7, 105 ...

  • 813 F.3d 282 (6th Cir. 2016), 14-5800, United States v. Houston

    Convicted-felon Houston resided on a farm containing signs critical of government and depicting the dead bodies of an officer and his companion. Houston and his brother (Leon) were acquitted of those murders. The farm is not enclosed. The Roane Sheriff’ informed ATF that Houston possessed firearms. ATF attempted drive-by surveillance. Later, at the direction of ATF and without a warrant, the...

    ... the Eastern District of Tennessee at Knoxville. No. .... .           ON BRIEF: .           Steven R. ... Bush and Obama about his case and that he had filed a federal ... vacated on other grounds, Garner v. United States , 543 U.S. 1100, ...

  • 676 F.3d 305 (2nd Cir. 2012), 09-5025-cv(L), Terranova v. State

    ... General, of counsel, on the brief), for Eric T. Schneiderman, Attorney ...The case proceeded to trial.1. ... by the Supreme Court in Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. ...

  • 869 F.3d 1077 (9th Cir. 2017), 16-16052, Lam v. City of San Jose

    The Ninth Circuit affirmed the district court's judgment for plaintiff in an action filed under 42 U.S.C. 1983 and state law alleging that a police officer used excessive force when she shot plaintiff. Plaintiff was shot in the back during the officer's response to a 911 call and plaintiff was rendered a paraplegic. The panel held that the district court did not abuse its discretion by denying...

    ... case arises from a shooting that occurred ... briefly toward the house, Officer Phelan saw ..., Officer West argues that Tennessee. v. Garner established a ...

  • 848 F.2d 1534 (11th Cir. 1988), 87-5503, Brown v. City of Clewiston

    ...See Tennessee v. Garner, 471 U.S. 1, 16 n. 14, 105 ... essential to the party's case, and on which that party will bear ...After briefly discussing the nature of the ...