Tennessee v. Garner

471 U.S. 1, 105 S.Ct. 1694 (1985)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Tennessee v. Garner

United States Supreme Court
471 U.S. 1, 105 S.Ct. 1694 (1985)

Play video

Facts

In Memphis, Tennessee, police officers Elton Hymon and Leslie Wright responded to a nighttime home burglary. After the officers arrived at the residence, Wright radioed dispatch. Meanwhile Hymon went around to the rear of the house where he saw Edward Garner (defendant) running across the backyard. Garner stopped by a chain-link fence. Hymon called out, “Police, halt.” Hymon was able to see Garner and did not believe Garner had a weapon. Garner began to climb over the fence. Hymon fired his gun, and the bullet struck Garner in the back of the head. Garner later died at the hospital. A Tennessee statute provides that “if, after notice of the intention to arrest the defendant, [the defendant] either flee[s] or forcibly resist[s], the officer may use all the necessary means to effect the arrest.” Tenn. Code Ann. 40-7-108 (1982). The police review board and grand jury declined to take criminal or civil action against Hymon or the police department. Garner’s father sued Hymon, the police department, the director, the city, and the mayor in federal court, seeking damages under 42 U.S.C. § 1983 for violations of Garner’s civil rights. The district court found for the defendants, and Garner’s father appealed. The court of appeals reversed and remanded the case, reasoning that the killing of a fleeing suspect was a “seizure” under the Fourth Amendment and was constitutional only if “reasonable.” The State of Tennessee intervened in the action to defend its law, and the United States Supreme Court granted the state’s petition for certiorari.

Rule of Law

Issue

Holding and Reasoning (White, J.)

Dissent (O’Connor, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 807,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 807,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 807,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership