Deck 1 Flashcards
Graham 3 Prong Test
1) Severity of Crime at issue;
2) Whether subject poses an immediate threat to the safety of officer(s) or others;
3) whether the subject is actively resisting arrest or attempting to evade arrest by flight;
Tennessee v. Garner’s 3 circumstances when an officer can use Deadly Force
1) when the ofc is threatened with a deadly weapon;
2) when the ofc has PC to believe that the suspect poses a threat of serious physical harm or death to the officer
3) When the ofc has PC to believe that the suspect has committed a crime involving threatened or actual serious physical harm or death to another .
The court also noted ( when feasible) a warning should be given before use of Deadly Force.
An officer may use only that force which is both reasonable and necessary to effect an arrest or detention. Anything more is excessive force.
PAYNE v. PAULEY. 337 F.3d 767 (7th Cir. 2003)
United States v. Dykes, 406 F.3d 717 (D.C. Cir. 2005)
The Graham v. Connor factors govern both the amount of force used, as well as the force method, tool, or weapon used.
Even though officers used substantial force to compel the suspect into a prone position, only the last few blows lead to criminal liability because The suspect had complied with the order to assume a prone position and submit to handcuffing
United States v. Koon, 833 F.Supp. 769 (C.D. Cal. 1993), aff’d in part, 518 U.S. 81 (1996).
When officers are outnumbered or confronted with particularly powerful suspects, additional force may be justified.
Sharrar v. Felsing, 128 F.3d 810 (3rd Cir. 1997).
Tom v. Voida, 963 F.2d 952 (7th Cir. 1992)
Courts may also consider the immediate availability of less-lethal tools.
Police officers in all states are granted authority to use force to accomplish lawful objectives, such as arrest, entry to serve a warrant or make an arrest, and detention.
Freeman v. Gore, 483 F.3d 404 (5th Cir. 2007)
In Graham, what is the SCOTUS statement regarding the environment that Police Officers have to make decisions in.
“the calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments–in circumstances that are tense, uncertain, and rapidly evolving–about the amount of force that is necessary in a particular situation.”
What case states that there is no duty to use lesser force when deadly force is authorized ?
Plakas v. Drinski
Case where suspect appeared to be drawing a gun and no gun found.
Thompson v. Hubbard
Case that addresses suspect’s known mental state regarding force.
Pena v. Leombruni
Case where Unarmed fleeing felon applied through Tennessee v. Garner.
Forrett v. Richardson
Additional case that Addresses 20/20 hindsight on officer shooting
Elliot v. Leavitt
Pepper Spray
• Traffic stop, violator wanted to see officer’s ID. Refused to exit car, then after handcuffed refused to get into squad car. Sprayed.
Martinez v. New Mexico Dept. of Public Safety, 47 Fed. Appx. 513 (10th Cir. 2002)
Pepper spray
Resisted- could not see his hands
• Jones used an ankle turn, broke his leg.
• Qualified immunity, and at issue not weather he applied the ankle turn, but if pressure was increased after resisting ceased. Finding: Qualified Immunity not available, jury found that the force ‘increase’ was excessive
Jennings v. Jones, 2007 WL 2339195 (1st Cir. 2007)
“…police officers performing a discretionary function enjoy an immunity that shields them from liability for civil damages unless. ( add to this card)
Milstead v. Kibler, 243 F.3d 157 (4th Cir. 2001)
According to the 5th Circuit Court appeals, this case on deadly force is clear; “an officer cannot use deadly force without an immediate threat to himself or others.” (Penal Code 9.51)
Estate of Ceballos v. Bridgewater, Porras & Mull
