Tennessee Vs Garner Case Study

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Case Brief: Tennessee v. Garner, 471 U.S. 1 (1985)
Facts: October 3, 1974 late afternoon, Memphis police officers was dispatched to a possible breaking and entering. As the police arrived at the scene, Officer Hyman saw possible suspect Edward Garner running across the backyard, fleeing the scene. The officer could determine Garner was unarmed, therefore possessed no threat and demanded him to stop. Garner did not listen and attempted to climb the fence. Due to his attempt to flee. Officer Hyman fired at him, hitting him in the back of his head; where he later died in the middle of surgery.
Procedural History: Garner’s father presented a suit to the Federal District Court of Tennessee pursuing damages under t42 U.S.C. 1983 for the violation
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