In Tennessee v. Garner (1984), the U.S. Supreme Court upheld the lower court’s opinion that a Tennessee law allowing for the use of deadly force on an escaped felon or suspect violated the Fourth Amendment, according to Oyez. The escapee was not an imminent threat.
The court ruled that the police must exhibit probable cause of danger in order to shoot an escapee. Under the Fourth Amendment, the act of shooting an escapee was a seizure, explains Oyez.
Edward Eugene Garner was an unarmed teenager who allegedly stole items from a home and fled from the police. While attempting to escape over a fence, a police officer shot him per state law involving hot pursuit.Learn More
The Law Office of Kevin Schwin states that to win a discrimination lawsuit, the plaintiff has to prove the defendant acted with a specific legal motivation, such as discriminating against the individual because of sexual orientation, national origin or sex. No matter what the case, it should always be handled by a lawyer who is experienced with discrimination cases.Full Answer >
In a tolling agreement, an expiration of the statute of limitations is waved; thus litigation is not automatically dismissed due to the expiration. It allows parties additional time to determine the legitimacy of their claims.Full Answer >
A rural settlement is a sparsely populated community that exists in the country, away from densely populated urban centers. "Rural" means "of or relating to the country."Full Answer >
A quitclaim deed is handled slightly differently from state to state, reports Realtor.com, but in general it needs to include three basic things: the legal description of what is being transferred, date of the transfer and the names of the grantor and grantee.Full Answer >