Legal Opinion
Cleamtee Garner v. Memphis Police Department
Court of Appeals for the Sixth Circuit
Decided June 16, 1983No. 81-5605PublishedCited by 53 opinions
1Opinion of the Court
MERRITT, Circuit Judge.
The principal question before us concerns the constitutionality of Tennessee’s fleeing felon statute, T.C.A. § 40-808 (1975) under the Fourth, Eighth and Fourteenth Amendments. The Tennessee statute, as interpreted by the District Court and by other federal and state courts, authorizes police officers to use deadly force in order to capture unarmed suspects fleeing from nonviolent felonies. The statute reads: “If .. . the defendant ... either flee or forcibly resist, the officer may use all the necessary means to effect the arrest.” In the present action for wrongful…
2Cases cited24 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Terry v. OhioSupreme Court of the United States · 1968
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Gregg v. GeorgiaSupreme Court of the United States · 1976
19 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Cleamtee Garner, Father and Next-Of-Kin of Edward Eugene Garner, a Deceased Minor v. Memphis Police Department City of Memphis, TennesseeCourt of Appeals for the Sixth Circuit · 1993
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
- Russo v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1992
- Betty Lester v. City of Chicago, Officer Daniel Leahy, Officer Ernest Cain, and Sergeant John McNultyCourt of Appeals for the Seventh Circuit · 1987
48 more not listed; retrieve them via the Exa API.