|
|Prior=
|Subsequent=
|OralArgument=https://www.oyez.org/cases/1988/87-6571
|Holding=An objective reasonableness standard should apply to a free citizen's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of their person.
|Majority=Rehnquist
}}
'''''Graham v. Connor''''', 490 U.S. 386 (1989), was a [[Supreme Court of the United States|United States Supreme Court]] case wherein which the Court determined that an objective reasonableness standard should apply to a civilian's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of herhis or hisher person.
== Background ==
Dethorne Graham traveled with a friend to a convenience store to buy orange juice to counteract an insulin reaction that Graham was experiencing. Graham entered the store, but quickly left because the line was too long. ReturningHe returned to his friend's vehicle, and they then drove away from the store. Connor, a nearby police officer, observed Graham's behavior and became suspicious. Connor then pulled them over for an investigative stop.
DuringAlthough theGraham's friend told police encounter,that Graham resistedwas arrest,simply andsuffering attemptsfrom toa explain"sugar hisreaction," medicalthe problemofficer were ignored.ordered Graham sufferedto await brokenwhile foot,he cutsfound onout his wristswhat, a bruisedif foreheadanything, andhad anhappened injuredat shoulderthe convenience store. HeWhen filedConnor areturned federalto lawsuithis againstpatrol Officercar Connorto andcall otherfor officersbackup allegingassistance, thatGraham got out of the officers'car, [[useran ofaround force]]it duringtwice, theand investigativefinally stopsat wasdown excessiveon andthe violatedcurb, Graham'swhere civilhe rightspassed out briefly.<ref name="Auto7Q-2">{{Cite news|url=https://supreme.justia.com/cases/federal/us/490/386/|title=Graham v. Connor 490 U.S. 386 (1989)|work=Justia Law|access-date=2017-06-15|language=en}}{{PD-notice}}</ref>
In the ensuing confusion, a number of other Charlotte police officers arrived on the scene in response to Connor's request for backup. One of the officers rolled Graham over on the sidewalk, cuffed his hands tightly behind his back, and ignored Graham's friend's pleas to get him some sugar. Another officer said, "I've seen a lot of people with sugar diabetes that never acted like this. Ain't nothing wrong with the M.F. but drunk. Lock the S.B. up."<REF name="Auto7Q-2"/>
The outcome of the case was the creation of an "objective reasonableness test" when examining an officer's actions. That test, over time via case law, would evolve to something that could be summed up as "given the facts known at the time, would a similarly trained and experienced officer respond in a similar fashion". ▼
During the police encounter, Graham suffered a broken foot, cuts on his wrists, a bruised forehead, and an injured shoulder. He filed a federal lawsuit against Officer Connor and other officers and alleged that the officers' [[use of force]] during the investigative stop had been excessive and violated Graham's civil rights.<REF name="Auto7Q-2"/>
▲The outcome of the case was the creation of an "objective reasonableness test" whenin examining an officer's actions. That test, over time via case law, would evolve to something that could be summed up as "given the facts known at the time, would a similarly trained and experienced officer respond in a similar fashion ". "
==Decision==
The Supreme Court held that determining the "reasonableness" of a seizure "requires a careful balancing of the nature and quality of the intrusion on the individual's Fourth Amendment interests against the countervailing governmental interests at stake". It acknowledged, "Our [[Fourth Amendment to the United States Constitution|Fourth Amendment]] jurisprudence has long recognized that the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it"." However, it then noted, "Because the test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application," it then noted, however, the test's "proper application requires careful attention to the facts and circumstances of each particular case."
The Court rejected the notion that the judiciary could use the [[Due Process Clause]], instead of the Fourth Amendment, in analyzing an excessive force claim: "Because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of physically intrusive governmental conduct, that Amendment, not the more generalized notion of '[[substantive due process]]', must be the guide for analyzing these claims.".
The Court then explained that, "As in other Fourth Amendment contexts... the "reasonableness" inquiry in an excessive force case is an objective one: the question is whether the officers' actions are 'objectively reasonable' in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.". The Court also cautioned, "The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight". The court further explained, "the 'reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation".
The Court then outlined a non-exhaustive list of factors forto determiningdetermine when an officer's use of force is objectively reasonable: "the severity of the crime at issue"," "whether the suspect poses an immediate threat to the safety of the officers or others"," and "whether he is actively resisting arrest or attempting to evade arrest by flight".
Having established the proper framework for excessive force claims, the Court explained that the Court of Appeals had applied a test that focused on an officer's subjective motivations, rather than on whether he had used an objectively unreasonable amount of force. The Court then reversed the Court of Appeals' judgement and remanded the case for reconsideration that used the proper Fourth Amendment standard.
== Impact ==
Many high-profile cases of alleged use of excessive force by a law enforcement officer have been decided based on the framework set out by ''Graham v. Connor'', including those wherein which a civilian was killed by an officer: [[shooting of Michael Brown]], [[shooting of Jonathan Ferrell]], [[shooting of John Crawford III]], [[shooting of Samuel DuBose]], [[shooting of Jamar Clark]], [[shooting of Keith Lamont Scott]], [[shooting of Terence Crutcher]], [[shooting of Alton Sterling]], [[shooting of Philando Castile]].<ref name="moreperfect">{{Cite web|title=Mr. Graham and the Reasonable Man {{!}} More Perfect|url=https://www.wnycstudios.org/podcasts/radiolabmoreperfect/episodes/mr-graham-and-reasonable-man|access-date=2020-06-03|website=WNYC Studios|language=en}} </ref><ref name="charlottemagazine">{{Cite web|date=2017-06-23|title=Why Police ‘Get Away With It’|url=https://www.charlottemagazine.com/why-police-get-away-with-it/|access-date=2020-06-03|website=Charlotte Magazine|language=en-US}}</ref> In most of thesethose cases, the officer's actions were deemed to pass the reasonableness test. ''Graham Thisv. caseConnor'' haswas also been repeatedly cited by both the prosecution and defense in ''[[State v. Chauvin]]'' regarding the killing[[murder of [[George Floyd]] by means of kneeling on his neck for eight minutes and forty-six seconds, including by [[University of South Carolina]] professor Seth Stoughton,<ref>[{{cite news |url=https://www.npr.org/sections/trial-over-killing-of-george-floyd/2021/04/12/986613631/chauvin-trial-expert-says-use-of-force-in-george-floyd-arrest-was-not-reasonable |title=Chauvin Trial: Expert Says Use Of Force In George Floyd Arrest Was Not Reasonable], ''|work=[[National Public Radio]]'', |first=Vanessa |last=Romo, |date=April 12, 2021. Retrieved |access-date=April 17, 2021. }}</ref> who compiled a 100-page report on the case as a prosecution expert.
MostPolice mediaindustry publications praise the precedent set by ''Graham v. Connor'' for enforcing police officers' rights to perform their duties without suffering injury and recognizing the dangers inherent to their work.<ref name="moreperfect" /><ref name="policeone">{{Cite web|title=Graham v. Connor: Three decades of guidance and controversy|url=https://www.policeone.com/officer-shootings/articles/graham-v-connor-three-decades-of-guidance-and-controversy-uqgh9iY6XPGTdHrG/|access-date=2020-06-03|website=PoliceOne|language=en}}</ref><ref>{{Cite web|last=Clark|first=Mark|title=Understanding Graham v. Connor|url=https://www.policemag.com/341717/understanding-graham-v-connor|access-date=2020-06-03|website=www.policemag.com|language=en-us}}</ref> Critics view the framework that it created as unjust based on the large number of high-profile acquittals that it resultedhas in,allowed by not allowingpermitting hindsight knowledge to be considered in a case, for and allowing for racial biases to weigh on the verdict.<ref name="moreperfect" /><ref name="charlottemagazine" /><ref name="policeone" />
== See also ==
* ''[[Tennessee v. Garner]]''
* ''[[Mullenix v. Luna]]''
* ''[[Davis v. City of Las Vegas]]'' (9th Cir. 2007)
== References ==
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