Graham V. Hendrickson Case Brief

The case of Tammy Lou Fontenot v. Taser International, Inc. was about a wrongful death case named Darryl Tuner, a 17-year-old male employed by a grocery store. Darryl was fired for “insubordination” and refused to leave the grocery store. Police were called, and eventually used a Taser in order to take him into custody. Turner died as a result of the Taser being delivered to Turner’s body. Tammy Lou Fontenot filed suit against the City of Charlotte and Taser International seeking money damages for the alleged wrongful death of Darryl Turner.

The corporal hissed. The prisoners went rigid. Louie raised his eyes to the corporal’s face. Again came the whirling arm, the blow to the skull,the stumbling legs” (173). To Louie that would hrt but he said nothing when he was hit over and over again.

Brief Arizona v. Hicks 480 U.S. 321 (1987) Facts: A bullet was fired through the floor of Hick’s apartment on April 18th, 1987. The bullet injured a man in the apartment below Hick’s apartment. Police officers arrived at Hick’s apartment to investigate the shooting. Upon investigating, the police officers seized 3 weapons and a stocking mask. Also, while investigating, one of the police officers noticed expensive stereo equipment.

Ogden vs. Gibbons was a controversial court case that was debated in 1824 after Aaron Ogden filed a restraint against Thomas Gibbons. Ogden and Gibbons were former business partners in the steamboat industry and for three years they successfully worked together throughout waterways in New York. Unfortunately Gibbons decided to operate another steamboat that came in conflict with Ogden’s steamboat and this is when Ogden filed a restraint against Gibbons. Ogden’s complaint was that he no longer wanted Gibbons to operate steamboats in New York waters. This was an important court case because the court had to figure out who had the power to control navigation in interstate waterways.

On October 3, 1974, Memphis police officers Leslie Wright and Elton Hymon were called to a burglary. Officer Hymon went to the back of the house and saw someone running away. That person running away was 15 year old Edward Garner. Garner approached a chain link fence. He stopped.

Case Citation: Wilkins v. Gaddy, 130 S.Ct. 1175, 175 L.Ed.2d 995 (2010) Parties: Jamey L. Wilkins, Petitioner Officer Gaddy, Defendant Facts: North Carolina state prisoner, Jamey Wilkins, filed a claim in federal district court alleging that corrections officer, Mr. Wilkins, used excessive force against him. Because of the incident, Wilkins suffered injuries consisting of lower back pain, increased blood pressure, panic attacks, nightmares, and migraines.

On 06/14/2017 around 1750 hours, I, Officer Burkes, responded to a report of a suspicious person knocking on a door at 1504 Homestead Blvd. The caller stated that a white male was bleeding all over her door and asking her to call 911. When I arrived on scene, I noticed a white male, later identified as Alex Schesny, sitting between the screen door and steele door. I asked Alex to get up and walk out to the back of my patrol car. Once on the back of my car, I retrieved my gloves out of the front seat.

1. Facts: “Tennessee vs. Garner” - the decision of the Supreme Court of the USA in 1985 (471 US (1985), which deals with the application of the Fourth Amendment to the US Constitution . According to this decision, a police officer pursuing a suspect should not endanger life-saving escape, if the fugitive does not pose a threat to the life and health of others and / or the policeman himself. October 3, 1974 around 22:45 the officers police Memphis Lesli Rayt and Elton Haimon were on call on a burglary. Haimon walked around the house, while Wright maintained contact with the police station with the help of a walkie-talkie.

On the above date and time Corporal Joshua Hussey asks to speak with me concerning an inmate complaint. He stated on 10/29/2015 night shift Inmate David Anthony Todd F Block/Cell F3 accused Officer James Law of inappropriately touching him. I instruct Cpl. Hussey to escort Inmate Todd out of the housing unit; he and myself exit Tower 2. Inmate Todd and I are in the Bonding Court Room when he gives his account of the incident; no other staff is present at this time.

In Palmer v. Thompson, 391 F.2d 324 (5th Cir. Miss. 1967), twelve Black American citizens living in Jackson, Mississippi, filed a suit on behalf of themselves and fellow Black American citizens seeking an injunction against the Mayor and Commissioners of Jackson, its Police Chief, and its Director of Recreation, alleging discriminatory conduct in the operation of the city’s swimming pools and jails. In 1963 the “City of Jackson closed all swimming pools which it owned and operated. From that time forward “no municipal swimming facilities were opened to any citizen of either race. And the city acknowledged that it did not intend to reopen or operate any of the swimming facilities on an integrated basis. The city contended that the racial integration of the pools would endanger personal safety of all citizens and would pose a problem for officials to maintain law and order.

-Grissom v. People, 115 P.3d 1280 (Colo. 2005) -Facts: “In 1999, Grissom was present at a dice game between Darrick Love and Shante Cannon. Love eventually won the game, but became angry when Cannon refused to pay him. Grissom later agreed to help Love find Cannon to collect the alleged debt. In the following days Grissom drove Love to several locations in search of Cannon. Approximately one week after the dice game, Cannon was fatally shot near the motel where he had been staying.

In 2005, Carl Bryan was stopped in Coronado, California for a seat belt violation. Bryan had already been stopped that same morning on a speeding charge, at this point he was upset with himself. Because of this, he was hitting the steering wheel and yelling expletives at himself. He complied with the officer, when he requested to turn the radio down and pull to the curb. The following part is where Bryan and the officer 's story is different.

Gideon v. Wainwright was a very important case for the Supreme Court; it guaranteed the same kind of fair trial in state courts as was expected in federal courts. In 1961 Clarence Gideon was denied an attorney in a state court and he appealed to the Supreme Court arguing this was violating his constitutional right to a fair trial. This was going against a previous decision by a Federal Court of Appeals in 1941. The Supreme Court accepted Gideon's petition and reviewed the decision of the Court of Appeals. In 1963 the Supreme Court decided in favor of Gideon and overruled the previous decision changing the precedent for all state courts.

In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.

[ Imagine this scenario: you are complying with the police that are screaming at you, guns pointed at you, screaming “please don 't shoot” and trying your best to do what the police are asking. Daniel Shaver was an unarmed man fatally shot for no good reason. He was complying with the police officers orders and was begging for his life, screaming “please don’t shoot,” before he was fatally shot 5 times. Unfortunately, this is just one example of police brutality, an instance when police use unnecessary force when either they are unarmed or are complying with orders. Today I want to tell you of the injustice of police brutality, the people it affects, and how just asking the right questions could make sure that police are punished for their crimes.