Law Forum : Supreme Court Has Had Enough With Police Suits

Discussion in 'Law Forum - Prisons - Gun Ownership' started by Clyde C Coger Jr, Jan 11, 2017.

  1. Clyde C Coger Jr

    Clyde C Coger Jr going above and beyond PREMIUM MEMBER

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    In the Spirit of Jurisprudence,


    Supreme Court Has Had Enough With Police Suits

    A unanimous U.S. Supreme Court on Monday decided a police immunity case that sounds small but carries a larger significance; the narrow holding was that a police officer who arrived late at the scene of a confrontation and then shot and killed the suspect without having heard other officers issue a warning is protected from a lawsuit. What really mattered was the reasoning: The court said the officer couldn’t be sued because there was no case on the books finding an officer liable under the exact same circumstances ...

    https://www.bloomberg.com/view/articles/2017-01-09/supreme-court-has-had-enough-with-police-suits

    [​IMG]
    WHY NOW?
    PHOTOGRAPHER: SCOTT OLSON/GETTY IMAGES


    By
    Noah Feldman

    ...


     
  2. Clyde C Coger Jr

    Clyde C Coger Jr going above and beyond PREMIUM MEMBER

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    ...
    United States Supreme Court
    TENNESSEE v. GARNER, (1985)
    No. 83-1035
    Argued: October 30, 1984 Decided: March 27, 1985

    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 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. 7-22. [471 U.S. 1, 2]
    ...

    http://caselaw.findlaw.com/us-supreme-court/471/1.html


    ...



     
    Last edited: Jan 12, 2017
  3. Djedefre

    Djedefre Active Member MEMBER

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    This is no surprise, you put a bunch of geriatric old whites on a court and what do you expect, fairness, ha!
     
  4. Clyde C Coger Jr

    Clyde C Coger Jr going above and beyond PREMIUM MEMBER

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    Absolutely ...

     
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