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Mar 25, 2020 · The Sixth Circuit Court of Appeals dismissed the action against Officer Hymon, finding he acted in good faith and in accordance with state law. However, the court also found that the law itself was unconstitutional as applied and that the shooting had violated Garner’s constitutional rights. [2]
The District Court held that the Tennessee statute is constitutional, and that Hymon's actions, as authorized by that statute, did not violate Garner's constitutional rights.
Tennessee v. Garner, 471 U.S. 1 (1985), is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant ...
May 5, 2019 · The respondent, Garner’s father, alleged that the officer had violated his son’s Fourth Amendment rights, his right to due process, his Sixth Amendment right to trial by jury, and his Eighth Amendment protections against cruel and unusual punishment.
- Elianna Spitzer
Sep 9, 2024 · Garner's father then brought an action in the Federal District Court for the Western District of Tennessee seeking damages for violations of Garner's constitutional rights. The complaint alleged that Garner's 4 th , 5 th , 6 th , 8 th , and 14 th amendment. rights were violated by the shooting.
Garner’s father then brought this action in the Federal District Court for the Western District of Tennessee, seeking damages under 42 USC 1983 for asserted violations of Garner’s constitutional rights.
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Garner's father sued seeking damages for violations of Garner's constitutional rights. The district court entered judgment for the defendants because Tennessee law authorized Hymon's actions. The court also felt that Garner had assumed the risk of being shot by recklessly attempting to escape.
