case brief tennessee v garner

1431 results for case brief tennessee v garner

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  • 939 F.3d 695 (6th Cir. 2019), 17-4257, Wright v. Spaulding

    ... .          ON. BRIEF:. . .           Angela. ... ARANT BOULT CUMMINGS LLP, Nashville, Tennessee", for. Appellant. . .     \xC2"... .           This. case is about two things: habeas and holdings. Under ... not. See Antonin Scalia & Bryan A. Garner,. Reading Law: The Interpretation of Legal ...

  • 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...

    ...Instead, they watched as Hensley briefly struggled. with both Ferguson and H.H., ... 2013). In the case at bar, the plaintiffs have alleged that. ... .. the Fourth Amendment." Tennessee v. Garner,. 471 U.S. 1, 7, 105 S.Ct. 1694, ...

  • State v. United States Department of State, 072419 FED6, 18-5478

    . . State of Tennessee, by and through the Tennessee General Assembly, ... .          ON. BRIEF:. . .          . ... .          This. case presents the question of whether the Tennessee ... 12(b)(1) de novo. Cartwright v. Garner, 751. F.3d 752, 760 (6th Cir. 2014). We ...

  • 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...

    ... Court for the Eastern District of Tennessee at Knoxville. No. 3:13-cr-00009--Danny C. Reeves, .... .           ON BRIEF: .           Steven R. Jaeger, THE ... both Presidents Bush and Obama about his case and that he had filed a federal civil rights ...2004), vacated on other grounds, Garner v. United States , 543 U.S. 1100, 125 S.Ct. 1050, ...

  • 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...

    ... .          This. case arises from a shooting that occurred when San ...While stopping to look back. briefly toward the house, Officer Phelan saw Lam trying ...Specifically, Officer West argues that Tennessee. v. Garner established a constitutional ...

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

    ... Solicitor General, of counsel, on the brief), for Eric T. Schneiderman, Attorney General for ...The case proceeded to trial.1.          During ... outlined by the Supreme Court in Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d ...

  • 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 S.Ct. 1694, ... of an element essential to the party's case, and on which that party will bear the burden of ...After briefly discussing the nature of the constitutional ...

  • 546 U.S. 320 (2006), 04-1144, Ayotte v. Planned Parenthood of Northern New England

    ...966-969. .          (a) As the case comes to this Court, three propositions are ...See Reply Brief for Petitioner 2, 8, 11; Tr. of Oral Arg. 6, 14. ...2794, 86 L.Ed.2d 394 (1985); see also Tennessee v. Garner, 471 U. S. 1, 105 S.Ct. 1694, 85 ...

  • 843 F.3d 1142 (6th Cir. 2016), 15-6074, United States v. Charles

    Twenty years ago, Charles was convicted of drug and firearm offenses, including conspiracy to distribute and unlawful distribution of crack cocaine, 18 U.S.C. 841(a)(1); 21 U.S.C. 846. The presentence report found that his total offense level was 38 points, due to the quantity of crack cocaine (216 grams), and two-point (each) obstruction of justice and firearm enhancements; added that Charles...

    ... of Tennessee at Nashville. No. 3:96-cr-00051--Kevin H. Sharp,. ... .          ON. BRIEF:. . .          Cecil. ... the case. If it is important for courts to treat like ...Garner et al.,. The Law of Judicial Precedent 441 ...

  • 530 U.S. 428 (2000), 99-5525, Dickerson v. United States

    ... both Miranda and two of its companion cases applied its rule to proceedings in state courts, ...With him on the briefs were Carter G. Phillips, Jeffrey T. Green, and ...Rep. 829 (N. P. 1831); Queen v. Garner, 1 Den. 329, 169 Eng. Rep. 267 (Ct. Crim. App. ...503 (1963); Ashcraft v. Tennessee, 322 U.S. 143 (1944); Chambers v. Florida, 309 ...

  • 346 F.3d 752 (7th Cir. 2003), 02-4085, Scott v. Edinburg

    ..., the Village of Glenwood, removed the case to federal court. The plaintiffs' third amended ... use of deadly force was justified under Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d ... not argued either in their initial or reply brief that the grant of summary judgment on the state ...

  • Justice Scalia's Eighth Amendment Jurisprudence: The Failure of Sake-of-Argument Originalism.

    ...Pre-Harmelin Cases 1. Victim Impact Statements 2. Juvenile Death ... penalty, I would ask that counsel also brief whether our cases that have abandoned the .... Another two years later, in Payne v. Tennessee, the Court overturned Booth in an opinion by .... (252.) See Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts ...

  • Court-packing and compromise.

    ...) In addition, any amendment would have to garner a vote of two-thirds in each house of Congress ...'s monetary policy in the Gold Clause Cases, (56) the Railroad Retirement Act, (57) the first ... Adjustment Act (AAA), (58) the Tennessee Valley Authority (TVA), (59) the Guffey Coal Act, ...A brief cover memorandum accompanying the text of each of ...

  • Proposing a transactional approach to civil forfeiture reform.

    ... afforded to the defendant in that case would not apply to chattel. (164) . The Court's ... by a district court and has not garnered widespread national favor because of its inherent ...In Tennessee, for example, the highway patrol concentrated ... WILLIAMS ET AL., supra note 19, at 11 (briefly discussing the use of forfeiture against the ...

  • 948 F.3d 324 (6th Cir. 2020), 18-6299, Hueso v. Barnhart

    ... .          ON. BRIEF:. . .          Cathryn. ... Tennessee, for Appellant. . . ... greater weight on the finality of completed cases. This law. generally gives federal ...Garner,. Reading Law: The Interpretation of Legal ...

  • 864 F.3d 416 (6th Cir. 2017), 16-1522, Mitchell v. Schlabach

    The Alger County, Michigan dispatch center received a report that Mitchell had assaulted “Kevin,” had been drinking, and was “swerving all over the road.” Officer Schlabach identified Mitchell’s car, followed it into a parking lot, and stopped alongside. Mitchell sped back onto the highway. Schlabach pursued Mitchell through residential neighborhoods, around cars, and through stop signs, often in

    ... .          ON. BRIEF:. . .          Sima G. ... decision in this case turns in large measure on this. evidence. ...Tennessee. v. Garner, 471 U.S. 1, 3, 105 S.Ct. 1694, ...

  • Arrestee number two, who are you? Suspicionless DNA testing of pre-trial arrestees and the Fourth Amendment implications.

    ... that could prove dispositive in future cases. . II. Facts and Holding . On September 21, 2003, ...(46) In Tennesee v. Garner, the Court held that when a police officer ...132, 155-56 (1925)). . (46.) Tennessee v. Gamer, 471 U.S. 1, 7 (1985); see Payton v. New ...Brief for Genetic Scientists Robert Nussbaum et al. as ...

  • 934 F.3d 478 (6th Cir. 2019), 19-5084, Studdard v. Shelby County, Tennessee

    ... .          . ON BRIEF:. . .          E. Lee. ... case law makes clear. We thus affirm the district ...Tennessee. v. Garner, 471 U.S. 1, 11, 105 S.Ct. 1694, 85 L.Ed.2d 1. ...

  • 884 F.3d 172 (4th Cir. 2018), 16-1608, E.W. v. Dolgos

    The Fourth Circuit affirmed the district court's grant of summary judgment in favor of a school resource officer in an action brought by an elementary school student under 42 U.S.C. 1983, alleging excessive force in violation of the Fourth Amendment and several state laws. The officer decided to handcuff the student for fighting with another student three days prior. The court held that, under...

    ... .          ON. BRIEF: Laura E. Hay, COCKEY, BRENNAN & MALONEY, PC,. ...          Because. this case arises from a grant of summary judgment, we set. ... (alternation in original) (quoting Tennessee v. Garner, 471 U.S. 1, 8-9, 105 S.Ct. 1694, ...

  • 863 F.3d 144 (2nd Cir. 2017), 16-336-cv, Callahan v. Wilson

    ...Klein, on the brief), Barket Marion Epstein & Kearon, LLP, Garden ...The case proceeded to trial. Following the completion of ... (quoting Tennessee v. Garner , 471 U.S. 1, 8-9, 105 S.Ct. 1694, 85 ...

  • 542 U.S. 507 (2004), 03-6696, Hamdi v. Rumsfeld

    ... . The judgment is vacated, and the case is remanded. . . 316 F.3d 450, vacated and ...Brief for Respondents 3. We therefore answer only the ... Cf. Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 ...

  • 529 U.S. 598 (2000), 99-5, United States v. Morrison

    ... v. . MORRISON et al. . Case No. 99-5 . United States Supreme Court . May ...99-5. With him on the briefs were Acting Assistant Attorney General Ogden, ...Lindsay, Hon. William T. Cahill, Hon. Garner E. Shriver, Hon. Clark MacGregor, Hon. Charles ...Summers of Tennessee, Jan Graham of Utah, William H. Sorrell of ...

  • 468 U.S. 1249 (1984), 83-1035, Tennessee v. Garner

    ...for leave to file a brief as amici ...

  • 790 F.3d 641 (6th Cir. 2015), 14-6207, Adkisson v. Jacobs Engineering Group, Inc.

    KIF is a Tennessee coal-fired plant generating electricity. In 2008, a KIF coal-ash containment dike failed, spilling 5.4 million cubic yards of coal-ash sludge over 300 acres of adjacent land. The Tennessee Valley Authority (TVA) and the Environmental Protection Agency (EPA) responded, pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the...

    ... Court for the Eastern District of Tennessee at Knoxville. Nos. 3:13-cv-00505; 3:13-cv-00666; ... .          ON BRIEF: . .          James K. Scott, STOKES, .... .           This case arises out of the cleanup and remediation work ...See Cartwright v. Garner, 751 F.3d 752, 759 (6th Cir. 2014). On the other ...

  • 938 F.3d 134 (5th Cir. 2019), 19-60133, Thomas v. Bryant

    ... for the seat but lost, despite garnering a vast majority of. African-American votes. ... case, 6 but the court found that provision. ... by our request for supplemental briefing on mootness,. Plaintiffs assert that the ...2000) (Tennessee. House); Sanchez v. Colo., 861 F.Supp. 1516 ...