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Graham Vs. Connor
Cites for this judgment
- US Supreme Court
- May 15, 1989
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U.S. 386 (1989) U.S. Supreme Court Graham v. ConnorSearch
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U.S. 386 (1989) Graham v. ConnorSearch
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to maintain and restore discipline or maliciously and sadistically for the very purpose of causing harm. Johnson v. GlickSearch
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force was applied maliciously and sadistically to cause harm, and holding that a reasonable jury applying the Johnson v. GlickSearch
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about the amount of force necessary in a particular situation. Pp. 490 U. S. 396 -397. (d) The Johnson v. GlickSearch
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Id. at 949-950. The dissenting judge argued that this Court's decisions in Terry v. OhioSearch
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U. S. 1 (1968), and Tennessee v. GarnerSearch
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F.2d at 950-952. We granted certiorari, 488 U.S. 816 (1988), and now reverse. Fifteen years ago, in Johnson v. GlickSearch
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F.2d at 1032. As support for this proposition, he relied upon our decision in Rochin v. CaliforniaSearch
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same four factors relied upon by the courts below in this case. Id. at 1033. In the years following Johnson v. GlickSearch
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Baker v. McCollanSearch
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standard. See Tennessee v. GarnerSearch
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of the person. This much is clear from our decision in Tennessee v. GarnerSearch
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against the countervailing governmental interests at stake. Id. at 471 U. S. 8 , quoting United States v. PlaceSearch
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carries with it the right to use some degree of physical coercion or threat thereof to effect it. See Terry v. OhioSearch
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officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight. See Tennessee v. GarnerSearch
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vision of hindsight. See Terry v. OhioSearch
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Fourth Amendment is not violated by an arrest based on probable cause, even though the wrong person is arrested, Hill v. CaliforniaSearch
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U. S. 797 (1971), nor by the mistaken execution of a valid search warrant on the wrong premises, Maryland v. GarrisonSearch
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Johnson v. GlickSearch
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of the facts and circumstances confronting them, without regard to their underlying intent or motivation. See Scott v. UnitedSearch
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Terry v. OhioSearch
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nor will an officer's good intentions make an objectively unreasonable use of force constitutional. See Scott v. UnitedSearch
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States, supra, at 436 U. S. 138 , citing United States v. RobinsonSearch
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is one arising under the Fourth Amendment, the Court of Appeals erred in analyzing it under the four-part Johnson v. GlickSearch
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importance in deciding whether force used against a convicted prisoner violates the Eighth Amendment, see Whitley v. AlbersSearch
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Petitioner's argument was based primarily on Kidd v. O'NeilSearch
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F.2d 1252 (CA4 1985), which read this Court's decision in Tennessee v. GarnerSearch
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F.2d at 1254-1257. The reasoning of Kidd was subsequently rejected by the en banc Fourth Circuit in Justice v. DennisSearch
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The majority noted that, in Whitley v. AlbersSearch
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F.2d at 948, n. 3, quoting Whitley v. AlbersSearch
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protections did not attach until after conviction and sentence. 481 F.2d at 1032. This view was confirmed by Ingraham v. WrightSearch
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See Justice v. DennisSearch
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applies to excessive force claims brought against federal law enforcement and correctional officials under Bivens v. SixSearch
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see Brower v. CountySearch
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Due Process Clause protects a pretrial detainee from the use of excessive force that amounts to punishment. See Bell v. WoefishSearch
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U.S. at 475 U. S. 319 , quoting Ingraham v. WrightSearch
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U.S. at 430 U. S. 670 , in turn quoting Estelle v. GambleSearch
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U.S. at 475 U. S. 320 -321 (emphasis added), quoting Johnson v. GlickSearch
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F.2d at 1033. We also suggested that the other prongs of the Johnson v. GlickSearch
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See id. at 475 U. S. 320 -321. Our endorsement of the Johnson v. GlickSearch
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consider, along with other factors, evidence that the officer may have harbored ill-will toward the citizen. See Scott v. UnitedSearch
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See Anderson v. CreightonSearch
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I also see no basis for the Court's suggestion, ante at 490 U. S. 395 , that our decision in Tennessee v. GarnerSearch
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