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OpenJurist

Circuit split · civil rights

Whether an officer's use of deadly force against a fleeing suspect is objectively reasonable under the Fourth Amendment as governed by Tennessee v. Garner

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

  1. Ninth Circuit Court of Appeals · August 4, 2003

    “Having created a circuit split by misapplying Gar ner, the majority downplays its departure from our sister circuits’ decisions by urging that those decisions approved of deadly force in circumstances very different from those presented here.” — Creates a split
    Empirical analysis of this case →

The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

  • On the other sideScott205 F.3d 871
  • On the other sideSmith954 F.2d 344
  • On the other sideCole993 F.2d 1330
  • On the other sidePace283 F.3d 1277

What the split turns on

Anchor precedents:
Tennessee v. Garner
Constitutional provisions:
Fourth Amendment

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.