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    • Garner posed no immediate threat

      • The Court of Appeals reversed the decision, holding that the use of deadly force was not justified as Garner posed no immediate threat.
      briefspro.com/casebrief/tennessee-v-garner/
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  2. The Court of Appeals for the Sixth Circuit reversed on the grounds that the Tennessee statute "authorizing the killing of an unarmed, nonviolent fleeing felon by police in order to prevent escape" violates the Fourth Amendment and the Due Process Clause of the Fourteenth Amendment. 710 F.2d 240, 244 (1983).

  3. On appeal, the United States Court of Appeals for the Sixth Circuit reversed. The Court of Appeals held that the killing of a fleeing suspect is a "seizure" for the purposes of the Fourth Amendment, and is therefore constitutional only when it is reasonable.

  4. In the Federal District Court, the judges endorsed the Tennessee law paradigm that a police officer could use enormous force to arrest a perpetrator. Moreover, they established that the police doings were legal. The United States Court of Appeal overturned the District Court’s prior judgment.

  5. Nov 30, 2023 · The officer was acting under a Tennessee statute that allowed the use of deadly force against a fleeing suspect. – Lower Court Holdings: The District Court found for the police officer, but the Court of Appeals reversed, leading to the Supreme Court’s review.

  6. 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.

  7. On appeal, the United States Court of Appeals for the Sixth Circuit reversed. The Court of Appeals held that the killing of a fleeing suspect is a "seizure" for the purposes of the Fourth Amendment, and is therefore constitutional only when it is reasonable.

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