GARNER v. MEMPHIS POLICE DEPT.

No. 81-5605.

710 F.2d 240 (1983)

Cleamtee GARNER, Plaintiff-Appellant, v. MEMPHIS POLICE DEPARTMENT, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 16, 1983.

Rehearing and Rehearing Denied September 26, 1983.


Attorney(s) appearing for the Case

Steven L. Winter (argued), New York City, Walter L. Bailey, Jr., Memphis, Tenn., for plaintiff-appellant.

Arthur Shea, Asst. County Atty., Henry L. Klein (argued), Memphis, Tenn., for defendants-appellees.

Before EDWARDS, Chief Judge, and KEITH and MERRITT, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 26, 1983.

MERRITT, Circuit Judge.

The principal question before us concerns the constitutionality of Tennessee's fleeing felon statute, T.C.A. § 40-808 (1975) under the Fourth, Eighth and Fourteenth Amendments. The Tennessee statute, as interpreted by the District Court and by other federal and state courts, authorizes police officers to use deadly force in order to capture unarmed suspects fleeing from...

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