Whether a police officer's use of deadly force to prevent a fleeing suspect's escape by vehicle is objectively reasonable under the Fourth Amendment as construed in Tennessee v. Garner

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 side · 6th Cir.Scott v. Clay County205 F.3d 867

  “Clay County, 205 F.3d 867 , 877 (6th Cir.2000) (holding that police reasonably shot a felon fleeing in an automobile when his reckless driving posed an immediate threat to the safety of officers and innocent civilians); Smith v.” — Haugen v. Brosseau, acknowledging the split

• On the other side · 6th Cir.Smith v. Freland954 F.2d 343

  “Freland, 954 F.2d 343 , 347-48 (6th Cir.1992) (holding that police reasonably shot a misde-meanant 'fleeing in an automobile when he posed a threat to officers at a police roadblock and appeared likely to “do almost anything to avoid capture”); Cole v.” — Haugen v. Brosseau, acknowledging the split

• On the other side · 8th Cir.Cole v. Bone993 F.2d 1328

  “Bone, 993 F.2d 1328 , 1330-33 (8th Cir.1993) (holding that police reasonably shot a criminal fleeing in a truck when he posed a threat to travelers driving on a crowded interstate highway); Pace v.” — Haugen v. Brosseau, acknowledging the split

• On the other side · 11th Cir.Pace v. Capobianco283 F.3d 1275

  “Capobianco, 283 F.3d 1275 , 1281 (11th Cir.2002) (holding that police reasonably shot a felon fleeing in an automobile when he appeared likely to continue using his vehicle aggressively during a police pursuit).” — Haugen v. Brosseau, acknowledging the split

What the split turns on

Anchor precedents:

Tennessee v. Garner ·

Graham v. Connor490 U.S. 386

Doctrines & tests:

Garner standard

Constitutional provisions:

Fourth Amendment