Excessive Force Chart - Lecture notes 10 PDF

Preview

Summary

Professor Gifford Tort...

Description

EXCESSIVE FORCE CASES CASE NAME

Graham v. Connor

Relevant Facts





Henry v. Purnell



Swann v. Richmond



Holding on excessive force

Graham was a diabetic and was having an attack so he asked friend to get orange juice for his insulin but realized the store was filled so left to get it somewhere else and a cop saw this Graham was arrested and assaulted during the arrest Had gun and taser and meant to use taser to get the unarmed guy Being chased by officers and he was seen putting

General Law/Analysis

Std set was objective reasonableness Ct was saying objectively reasonable with facts abt confronting them in set of circumstances

Lots of diff opinions and such

Acted reasonably to make split second

Life or death situations w/ one officer already hit and bullets flying everywhere

1

P’s Arguments

D’s Arguments

Loosely goosey w/ the std

EXCESSIVE FORCE CASES something from his pocket and he ran than officers shot Waterman v. Batton



Long car chase and police tried to knock him off the road and had stop sticks out to puncture tires

decision abt life or death

Deadly force allowed when suspect poses threat of serious physical harm Weighs 4th amendment rights of individual against the political interest

Young v. Prince George’s County

Jones v. Buchanan

4th Circuit case bc they use SC test from Graham v Connor test

McLenagan v. Karnes

Linked w/ Slattery and Greenridge Relied on Slattery

2

Sinks officers a little

EXCESSIVE FORCE CASES Slattery v. Rizzo

Came out first

Greenidge v. Ruffin

Smith v. Ray

No excessive force case

Officer arrested woman harshly after she was asked questions and did not know that she had a weapon until after the initial arrest. She was not suspected of anything at the time of her arrest.

No excessive force case

Used all the elements from the Graham test No reasonable officer would have found Ray’s actions to be acceptable. Ray argued about impairment in this case but ct said no actual impairment Distinguish from our case, bc here cts said that the victim answered questions coherently while in our case the suspect did not do so and was not cooperative/

3...