CNN reported on August 1, 2014 that 43-year-old Eric Garner died on July 17 after being confronted by police on Staten Island for allegedly selling cigarettes illegally. As police officers approached Garner he raised both hands in the air and told the officers not to touch him. Moments later, a video recording shows an officer grabbing the 350-pound man from behind in a choke hold and wrestled him to the ground, rolling him onto his stomach.
CNN News also reports that the video has Eric crying repeatedly that he could not breathe until his last gasp.
Evidence and Applicable Laws
Julie Bolcer, a representative of the NY medical examiner 's office confirmed that the cause of death was "compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police." The death was definite as a homicide which was cause for a federal investigation.7 Chokeholds were banned in the New York Police Department in 1993. The N.Y.P.D Patrol Guide procedure 203-11 states that members of the New York City Police Department will not use chokeholds. A chokehold shall include,
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One of the primary differences was that the Officer facing the indictment provided almost four hours of testimony in contrast to other cases where the defendants either were not given the opportunity or chose not to give testimony to the grand jury. Also unlike the Eric Garner case, the grand jury released all the evidence and testimony after the grand jury decision was made. They were able to review photos of where the incident took place, the results of the autopsy and the testimony of 60 witnesses. The grand jury had to decide whether or not there was probable cause for Officer Wilson to fire twelve shots at unarmed Mike Brown to protect himself from harm. The evidence did indicate that Brown was moving towards the officer as the rounds were being
Officer Hymon used deadly force to stop Mr. Garner. In Tennessee, Office Hymon was “acting under the authority of a Tennessee statue and pursuant to Police Department policy. This policy states, if after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest" JUSTIA US Supreme Court Tennessee v. Garner 471 U.S. 1 (1985). Mr. Garner’s father thought the use of deadly force was wrong. However “the Court of Appeals for the Sixth Circuit affirmed with regard to Hymon, finding that he had acted in good faith reliance on the Tennessee statute, and was therefore within the scope of his qualified immunity.”
• Per NYPD arrest report, MOS Harris and Denizard were responding to a 911 for robbery and when they arrived complaining witness identified P as one of the perpetrator. MOS Harris and Denizard identified themselves as officer and P took off running. MOS Harris and Denizard chased P and engaged in a struggle. P punched MOS Denizard causing MOS Denizard to fall to the ground and injury his knee. MOS Denizard was unable to walk on his knee.
Police Officer Pantaleo arrested Garner “for allegedly selling loose cigarettes” (www.npr.org). During the arrest, Officer Pantaleo had put Garner in a chokehold position which caused Garner to suffocate. There was a video posted on YouTube of Garner saying he was not able to breathe while he was being held in a headlock. The man died because of the chokehold, but the grand jury, back in December of 2014, did not charge Officer Pantaleo. People protested in reaction to the officer not being charged for the death of Eric Garner and that led to the launch of the civil rights investigation for this case by the Justice Department (www.npr.org).
Daniel Pantaleo should, at the very least be charged with involuntary manslaughter. Daniel Pantaleo clearly broke NYPD policy by using a chokehold to “restrain” Eric Garner. It has been very argued that what Pantaleo used to restrain Garner was not a chokehold but in this photo, obtained from the NYPD, there is a clear difference between a chokehold and a submission hold.
Sandra Bland died from the injuries she sustained during the traffic stop beating. On the video, Sandra claimed she suffered from epilepsy,a neurological disorder, while being held down on the pavement. It was possible that Sandra received some brain damage after the assault, resulting in a seizure. This seizure, when left untreated, will result in death. In short, the Police department will and should be held responsible for Sandra 's death.
Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
later that night he leaped at a swat member with a kitchen knife, and the swat member had to shoot to save his life (MacDonald 16). All cops are trained for fast and appropriate responses in any situation, but especially dangerous ones. If a man attacks an officer, he will end up shot by a taser or a real handgun or rifle. The assailant in this case was a major threat to an officer 's life. The officer was forced to react..
“King was caught by the Los Angeles police after a high-speed chase on March 3, 1991”. “King, who was intoxicated, had been caught speeding and initially tried to evade the police. When he finally pulled over and exited his car, multiple LAPD units and a helicopter were pursuing him. Taken by bystander George Holliday from across the street, the footage shows four officers tazing, kicking, and hitting King with their batons upwards of 53 times… the bruises, broken leg, and the scar from the stun gun, which jolted him with 50,000 bolt shocks… The officers involved, Laurence Powell, Timothy Wind, Theodore Briseno and Stacey Koon, were put
During the restraint Garner said that he couldn’t breathe. When they rolled him over, he was unconscious. When the paramedics arrived, they did not apply CPR to Garner because he was still breathing at the time and it would be pointless. He was pronounced dead as soon as they were at the hospital about one hour later. Examiners confirmed that his death was because of a chokehold and compression to the chest.
A combination of a chokehold by an officer, the chest compression, and poor health at the same, Garner has unfortunately died just an hour after being taken to hospital. The first thing worth mentioning is the police said they did not use chokehold on Garner. Later, the medical examiner concluded that Garner's death was caused by chokehold during physical restraint by police. After the Staten Island grand jury did not indict Pantaleo, people in New York City gathered to protest and made many speeches. Surprisingly, the number of protesters increase to more than 300 people.
And the sad part is if I had known what I know now then I would have not been so surprised. This justice system is unfair, to all of its citzens, but more so black and brown citizens. Michael Brown and his family deserved for justice to brought. Some try and say that michael was a thug or like to bring up the fact that he had possible stolen something but the fact remains that an unarmed teen was killed by a police officer. An oifficer who was supposed to serve and
The Ambitious Truth “I can’t breathe” were the last words Eric Garner spoke. Eric Garner was killed by NYPD officers that used an illegal choke hold to be attained. At the time he was committing no crime, but had a previous record. Eric is one of many to be killed due to police brutality.
Most of the police officers misuse their positions in law enforcement, possibly due to “power trip”, and are no help to citizens. The allegations of brutality, in the case of Officer Johannes Mehserle, focused on whether or not the officer was guilty of a wrongful death towards Oscar Grant. According to officer Mehserle, he alleges that he thought the gun was his Taser, but instead was his handgun that shot Grant.
While Garner was penned to the ground, he screams, “I can’t breathe. I can’t breathe.” Those words where his final words. There are always two sides to every story and then there is the truth. The body cameras will tell the
Police brutality is at its peak. In recent years police men have killed a number of innocent civilians. On July 17, 2014 one such case is Eric Gardner died in Staten island, being one of those civilians who sadly have been killed by a law enforcer. Another example is Harming students and by standers has also appeared recently, on October 27th 2015 a police officer in a high school class told a student to give him her phone and she refused.