Wright was dispatched to a prowler call around 10:45 PRNG. When Officers Hyman and Leslie arrived to the scene the women who called the police was pointing toward the house next door to hers as she was standing on her front porch. The lady stated to the officers that she suspected someone was breaking into the house next door because she may have heard what sounded like some glass breaking. Officer Homonym went behind the house to look around while Officer Leslie calls the dispatcher via radio (supernumerary.
Officer Homonym noticed a suspicious person running across the backyard in the dark right after hearing a door slam. The suspect was shortly identified as Edward Garner who stopped running as he approached the edge of the yard near a chain link fence that was six feet tall. Officer Homonym took out his flashlight so he could See the Suspects face and hands better because it was dark. As the Officer walked closer toward the suspect he noticed that he was young about five foot five inches tall or maybe five seven, somewhere around the age of 1 7 r 18 there was no weapon in site (supernumerary.
Mom). Officer Homonym ordered the suspect to stop while he was crouched at the base of the fence as he was walking toward him to place the suspect under arrest. The suspect suddenly started to climb the fence the thought in him mind if the suspect gets over the fence he may get away or elude capture therefore Officer Homonym took out his weapon and shot the suspect. Garner was shot in the back of his head he was taken to the hospital by ambulance and while on the pirating TABLE he was pronounced dead.
The suspect Garner had the items that were stolen from the house on his person such as the purse that was taken with the $1 0 still his body (supernumerary. Com). The father of the deceased suspect sued the state seeking damages because he believed that his son Gardener’s constitutional rights were violated. The father alleged that the shooting violated the fourth, fifth, six, eight, and the 14th amendments of the United States Constitution. The lawsuit was brought against the officer hat shot him Elton Hyman, the police department, its director, as well as the mayor and the city of Memphis.
The District Court after a three-day bench trial entered a judgment for all departments (supernumerary. Com). The claims against the mayor as well as director were dismissed this was due to the lack of evidence. The verdict for officer Hyman concluded that his actions were fact within the Constitution therefore his actions were authorized by the Tennessee statute. Officer Hyman did the only reasonTABLE and practical thing hat he could do to prevent the escape of a fleeing suspect.
The suspect Garner attempted to vault over the fence in order to escape was reckless therefore he assumed the risk of being fired at for attempting to escape. The father appealed the case to the 6 District Court in Memphis in which they affirmed in regards to officer Hyman finding acted within the scope of his qualified immunity because of the suspect tries to flee the officer can use all necessary means to apprehend them (supernumerary. Com).
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