Tennessee V Garner, re affirmed Barnes case 2025
Tennessee v. Garner, 471 U.S. 1 (1985), is a landmark U.S. Supreme Court decision that significantly limited when police officers can use deadly force against a fleeing suspect.
Key Facts of the Case
On October 3, 1974, in Memphis, Tennessee, police responded to a burglary in progress at a home. Officer Elton Hymon spotted 15-year-old Edward Garner fleeing across the backyard toward a 6-foot chain-link fence. Using his flashlight, Hymon could see Garner's face and hands and believed he was unarmed (and of slight build, posing no apparent threat). After shouting "police, halt," Garner began climbing the fence to escape. Hymon fired a single shot, striking Garner in the back of the head. Garner was taken to a hospital but died shortly after. Police found only $10 and a purse stolen from the house on his body.
Hymon acted under a Tennessee statute (and Memphis Police Department policy) that allowed officers to use "all necessary means" to effect an arrest if a suspect flees or resists after notice of intent to arrest. This reflected the old common-law "fleeing felon rule," which permitted deadly force against any fleeing felony suspect.
Garner's father filed a federal civil rights lawsuit (under 42 U.S.C. § 1983) against the officer, the city, and others, claiming the shooting violated Garner's Fourth Amendment rights against unreasonable seizures.
Lower courts initially upheld the statute, but the U.S. Court of Appeals for the Sixth Circuit reversed, finding it unconstitutional as applied.
Supreme Court Decision (March 27, 1985)
In a 6-3 ruling written by Justice Byron White, the Supreme Court held that:
The use of deadly force to apprehend a fleeing suspect constitutes a "seizure" subject to the Fourth Amendment's requirement of reasonableness.
A Tennessee statute (and similar laws) is unconstitutional insofar as it authorizes deadly force against an apparently unarmed, nondangerous fleeing suspect.
Deadly force may only be used to prevent escape when the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.
The Court reasoned that deadly force is the most severe intrusion on a person's rights (implicating the fundamental interest in life), and the government's interest in preventing escape does not justify it absent a real threat. The old common-law rule was outdated in modern times, where many felonies are non-violent, firearms make arrests riskier, and death penalties are reserved for the most serious crimes. The Court noted that many jurisdictions had already restricted such force, and empirical data showed little public safety benefit from shooting non-violent fleeing suspects.
The case was remanded for further proceedings on liability (e.g., of the city).
Justice Sandra Day O'Connor dissented (joined by Chief Justice Burger and Justice Rehnquist), arguing that officers often make split-second decisions, burglary is inherently dangerous (with potential for violence), and legislatures should set the rules rather than courts.
Lasting Impact
This decision ended the broad "fleeing felon rule" in the U.S. and forced many states and police departments to revise policies on deadly force. It has been cited in countless use-of-force cases and is often paired with Graham v. Connor (1989), which established the "objective reasonableness" standard for all police force (judged from the officer's perspective at the time).
As of 2026, Tennessee v. Garner remains a foundational precedent in Fourth Amendment jurisprudence and police accountability discussions, particularly in debates over excessive force and officer-involved shootings. It continues to influence training, policies, and court rulings nationwide.
Tennessee v. Garner, 471 U.S. 1 (1985), is a landmark U.S. Supreme Court decision that significantly limited when police officers can use deadly force against a fleeing suspect.
Key Facts of the Case
On October 3, 1974, in Memphis, Tennessee, police responded to a burglary in progress at a home. Officer Elton Hymon spotted 15-year-old Edward Garner fleeing across the backyard toward a 6-foot chain-link fence. Using his flashlight, Hymon could see Garner's face and hands and believed he was unarmed (and of slight build, posing no apparent threat). After shouting "police, halt," Garner began climbing the fence to escape. Hymon fired a single shot, striking Garner in the back of the head. Garner was taken to a hospital but died shortly after. Police found only $10 and a purse stolen from the house on his body.
Hymon acted under a Tennessee statute (and Memphis Police Department policy) that allowed officers to use "all necessary means" to effect an arrest if a suspect flees or resists after notice of intent to arrest. This reflected the old common-law "fleeing felon rule," which permitted deadly force against any fleeing felony suspect.
Garner's father filed a federal civil rights lawsuit (under 42 U.S.C. § 1983) against the officer, the city, and others, claiming the shooting violated Garner's Fourth Amendment rights against unreasonable seizures.
Lower courts initially upheld the statute, but the U.S. Court of Appeals for the Sixth Circuit reversed, finding it unconstitutional as applied.
Supreme Court Decision (March 27, 1985)
In a 6-3 ruling written by Justice Byron White, the Supreme Court held that:
The use of deadly force to apprehend a fleeing suspect constitutes a "seizure" subject to the Fourth Amendment's requirement of reasonableness.
A Tennessee statute (and similar laws) is unconstitutional insofar as it authorizes deadly force against an apparently unarmed, nondangerous fleeing suspect.
Deadly force may only be used to prevent escape when the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.
The Court reasoned that deadly force is the most severe intrusion on a person's rights (implicating the fundamental interest in life), and the government's interest in preventing escape does not justify it absent a real threat. The old common-law rule was outdated in modern times, where many felonies are non-violent, firearms make arrests riskier, and death penalties are reserved for the most serious crimes. The Court noted that many jurisdictions had already restricted such force, and empirical data showed little public safety benefit from shooting non-violent fleeing suspects.
The case was remanded for further proceedings on liability (e.g., of the city).
Justice Sandra Day O'Connor dissented (joined by Chief Justice Burger and Justice Rehnquist), arguing that officers often make split-second decisions, burglary is inherently dangerous (with potential for violence), and legislatures should set the rules rather than courts.
Lasting Impact
This decision ended the broad "fleeing felon rule" in the U.S. and forced many states and police departments to revise policies on deadly force. It has been cited in countless use-of-force cases and is often paired with Graham v. Connor (1989), which established the "objective reasonableness" standard for all police force (judged from the officer's perspective at the time).
As of 2026, Tennessee v. Garner remains a foundational precedent in Fourth Amendment jurisprudence and police accountability discussions, particularly in debates over excessive force and officer-involved shootings. It continues to influence training, policies, and court rulings nationwide.