Tennesee v. Garner

1985

Venue: SCOTUS

Facts: Garner was burgling, and was caught, unarmed in the back yard while making a getaway. He tried to climb a fence, and an officer shot him, fatally, in the back of the head.

Posture: Not clear; it's heavily edited. Looks as though the court of appeals held for the plaintiff, but not clear what happened at trial.

Issue: Is it constitutional to use deadly force to prevent the escape of an unarmed suspected felon?

Holding: As a rule, no.

Rule: Deadly force is the most intensive sort of seizure, and it's not better that suspects die than that they get away.

Reasoning: Need to balance judicial determination of guilt and punishment, as well as interests of society and the individual in staying alive, with the government's interest in efficient law enforcement.

Dicta: