Criminal Law Keyed to LaFave
Tennessee v. Garner
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
The police were summoned to stop a suspected burglary. As the police arrived, Victim was seen fleeing the scene of the alleged burglary. An officer saw Victim, and could see that Victim possessed no weapon, and yelled at him to stop. Victim continued to climb the wall to escape at which point he was shot and killed. Victim’s father brought this action seeking damages for a violation of the Victim’s constitutional rights. The judge found the officer’s actions were constitutional. The Appellate Court reversed and the State appealed.
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