The ruling is that the reasonableness test of the 4th amendment. Issue: The issue of the case is "What constitutional standard governs a free citizen's claim that law enforcement officials used excessive force in making an arrest, investigatory stop, or seizure of a person? The court of appeals affirmed the verdict (a). The district court applied a four factor test and gave Connor's motion for direct verdict. He sued Connor and other officers under 42 USC section 1983 charging them with use of excessive force in violation of Fourteenth Amendment. After checking with the store, Graham was released. The result was that Graham suffered a broken foot, cuts on his wrists, a bruised forehead, and an injured shoulder. Police officer Connors became suspicious, and made an investigative stop, He called for backup, handcuffed Graham and pushed him against the hood of the car. Since there was a long queue, Graham darted out and asked Berry to drive him to a friend's house.
His friend Berry drove him to a store to buy orange juice. In accordance with BrainMass standards, this is not a hand in ready case brief but is only background help.įacts: The facts are that Graham is a diabetic, and had an insulin reaction.
Conclusion: Conclude the case brief by summarizing your analysis. Using hindsight to determine objective reasonableness?Ĭ) What strategies do you believe should be employed to make sure officers are applying the correct amount of force in any given situation?ĭ) Analyze the connection between the issue of use of force and what criminological theory contributed to the understanding-orĥ. Judging the objective reasonableness of the use of force?ī) What perspective did the court use in determining whether the officer acted appropriately in the use of force? What did the court say about In your analysis, address the following:Ī) In this case, what standard did the court use to determine whether the use of force was reasonable? For instance, what did the court say about Analysis: This section contains the bulk of the brief. Ruling: State the court's ruling in the case.Ĥ. Issue: State what is at issue in the case.ģ. Facts: State the facts of the case and why the case went to trial.Ģ. I need help writing a case brief analyzing the Graham v.
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