U.S. Supreme Court, Tennessee v. Garner, 471 U.S. 1 (1985)
Tennessee v. Garner - No. 83-1035, Argued October 30, 1984, Decided March 27, 1985* 471 U.S. 1
APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT - A Tennessee statute provides that, if, after a police officer has given notice of an intent to arrest a criminal suspect, the suspect flees or forcibly resists, "the officer may use all the necessary means to effect the arrest." Acting under the authority of this statute, a Memphis police officer shot and killed appellee-respondent Garner's son as, after being told to halt, the son fled over a fence at night in the backyard of a house he was suspected of burglarizing. The officer used deadly force despite being "reasonably sure" the suspect was unarmed and thinking that he was 17 or 18 years old, and of slight build. The District Court held that the statute and the officer's actions were constitutional. The Court of Appeals reversed.
Held: The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against, as in this case, an apparently unarmed, nondangerous fleeing suspect; such force may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. Pp. 497 U. S. 7-22.
Takeithome, Good work. That law also is on Wilsons side.
 October 11, 2014 at 1:16pm
Where are the reform schools now? We seem to need them more than ever.
You mean like the one in Tenn where there have been 2 major escapes in 2 months? They call them youth centers now.
 September 10, 2014 at 1:19pm
Nothing to see here folks. Move along.
July 24, 2014 at 7:18pm
What probably happened is he was having problems with his foreskin. One of the reasons you can have problems is penile cancer. When they removed the foreskin, they found the cancer. Part of the consent for the procedure is: “If unforeseen circumstances arise and a different procedure is necessary, this procedure is also consented to, at the discretion of the surgeons.” Fairly standard verbiage. Only question is if they can get a jury to award the guy money.
Not saying that he definitely did not have penile cancer, but I think this is worth a read.
As for that consent caveat, that is referring to procedures that are immediately necessary. Amputation of the penis upon the discovery of penile cancer is NOT immediately necessary. Besides, urologists are NOT oncologists. The patient would be referred to an oncologist upon awakening to possibly go through chemo, radiation, etc. before amputation is ever discussed.
You are probably right. Most of the stories here are "SHORT" on details.
There will be no more arising, unforseen or not.
As someone said in another post... "Can’t wake the guy up and cut off the penis another time?"
July 8, 2014 at 5:01pm
You obviously have never felt the adrenaline rush as your bullet rips through Bambi’s head.
July 3, 2014 at 3:06am
She has one of them scary black guns. Why wasn’t she arrested for discharging her firearm? Did the cops take it away from her?
 June 30, 2014 at 12:38am
Maybe Obama will invite her over to the half-White House to have a beer.
 May 14, 2014 at 2:12pm
In no way does the bible say the earth is 6000 years old. In-fact the bible speaks of a time before creation. The concept of the earth being 6000 years old is a man-made timeframe created by Bishop Usher by adding up all the begats in the bible.
No where does the bible say the earth is 6000 years old. This was a concept developed by Bishop Usher by adding up all the begats in the bible. It is no way to establish age.
March 31, 2014 at 10:32pm
You bet. Arm yourself. If a “police officer” does this to someone, you are justified in pithing them. Do it and walk away knowing you rid the world of pig scum.
March 3, 2014 at 7:01pm
The man could stand up and announce he was the Antichrist and the obamaphone crowd would still love him to death. Sorry, this isn’t going to end well.
November 7, 2013 at 2:21pm
Absolutely wrong. This is rape/sodomy/penetration by a foreign object. Not only should the police be sued but so should the doctors, by performing these exams against the patient’s will. They have no obligation to violate their oath to satisfy an illegally-obtained warrant.
October 10, 2013 at 5:08pm
Thanks for saving the taxpayer money. Now be cremated and flushed down the toilet.
I would feed him to the dogs in the dog pound. They might appreciate a nice meal with real meat.
October 5, 2013 at 10:29pm
There is only one party, the party of big government. When we all wake up to realize this, we will be able to unite to overthrow them. Boener is a huge disappointment and he won’t be stoppend until we fall over the cliff. Heaven help us.