Robert Dean Mattis, M.D. v. Richard R. Schnarr and Robert Marek v. John C. Danforth, Attorney General, State of Missouri, Intervenor-Appellee
Court of Appeals for the Eighth Circuit
1Opinion of the Court
This appeal concerns the constitutionality of Missouri statutes 1 which permit law enforcement officers to use deadly force to effect the arrest of a person who has committed a felony if the person has been notified that he or she is under arrest and if the force used is restricted to that reasonably necessary to effect the arrest. 2 We hold the statutes unconstitutional as applied to arrests in which an officer uses deadly force against a fleeing felon who has not used deadly force in the commission of the felony and whom the officer does not reasonably believe will use deadly force against…
Also in this document: Dissent.
2Cases cited58 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Gideon v. WainwrightSupreme Court of the United States · 1963
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3Cited by54 opinions
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Smith v. City of HemetCourt of Appeals for the Ninth Circuit · 2005
- Ashcroft v. MattisSupreme Court of the United States · 1977
- Candi Ryder v. The City of Topeka and Michael MeyerCourt of Appeals for the Tenth Circuit · 1987
- Johnson v. MorrisSupreme Court of Minnesota · 1990
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