In a 9-0 decision, the Supreme Court also ruled against Graham, but they also ruled against the Fourth Circuit. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. On the other hand, the Assistant Attorney General and the Deputy Assistant Attorney General wrote briefs to urge the reversal of the rule.24 Those in favor of the ruling believed that police officers should be judged on the reasonableness of their actions in a certain scenario, instead of a strict factor test. Change ), View wordpressdotcom’s profile on Twitter, www.policemag.com/channel/patrol/articles/2014/10/understanding-graham-v-connor.aspx, http://www.fletc.gov/sites/default/files/PartIGrahamvConnor.pdf, http://www.npr.org/podcasts/481105292/more-perfect, www.policeforum.org/assets/30%20guiding%20principles.pdf, Gun Safety in the United States: The Public Safety and Recreational Firearms Use Act of 1994. EBSCOhost,libproxy.berkeley.edu/login?qurl=http%3a%2f%2fsearch.ebscohost.com%2flogin.aspx%3fdirect%3dtrue%26db%3da9h%26AN%3d130068117%26site%3deds-live. Although police officers are already supposed to know the sanctity of life, the answers to important questions, and the proportionate amount of force, these lessons should be added to current training programs in order to ingrain these ideals in active officers. Upon seeing a long line at the store, Graham quickly left and asked Berry to drive him to a friend’s house instead. “Contemporary Trends in Qualified Immunity Jurisprudence: Are Circuit Courts Misapplying Graham V. Connor?.” Utah Bar Journal, vol. According to Avelar, “of the 60 unarmed people killed in 2014, 24 of them were black men, which represented 40 percent of the killings—a much higher percentage than the population of black men”.36 Nevertheless, much of the outrage surrounding the cases involving race is due to the acquittal of the officers.37 By using the Graham standard, the officer can easily claim that, in the moment, the officer felt his/her safety was being compromised, which caused him/her to use force, even if that force is now considered to be excessive. ( Log Out /  Graham filed § 1983 charges against Connor, other officers, and the City of Charlotte, alleging a violation of his rights by the excessive use of force by the police officers, unlawful assault, unlawful restraint constituting false imprisonment, and that the City of Charlotte improperly trained its officers in violation of the Rehabilitation Act of 1973. “Contemporary Trends in Qualified Immunity Jurisprudence: Are Circuit Courts Misapplying Graham V. Connor?.” Utah Bar Journal, vol. 23Justia, US Supreme Court. 12“Graham v. Connor.” Oyez, 19 Sep. 2018, www.oyez.org/cases/1988/87-6571. In the 1989 case, the Supreme Court ruled that excessive use of force claims must be evaluated under the "objectively reasonable" standard of the Fourth Amendment.

Graham and the Reasonable Man.” More Perfect, NPR, 30 Nov. 2017, http://www.npr.org/podcasts/481105292/more-perfect. The main point in Graham v. Connor is the acknowledgement that police officers are required to make split second decisions.19 In the case of Morris v. Noe, the court based the ruling on the “Graham factors”, an idea that the Supreme Court attempted to stray away from in the Graham decision.20 On the opposing side, the grand jury interpreted the Graham decision to be determined by the officer’s interpretation of the situation at the time. The Police Executive Research Forum (PERF) proposed “30 Guiding Principles” that included policy recommendations, which went higher than the standards found in Graham v. Connor.38 The central themes of the “30 Guiding Principles” include: “sanctity of human life, use force that is proportionate, and de-escalate whenever possible”.39 Additionally, PERF recommends that a critical decision-making model is set in place.40 As evidenced by the history of court decisions regarding excessive force, something must be done to reform the currently standard in place. Connor, the Graham standard was created. 3, May/Jun2015, pp. 1-81. In 1984, Dethorne Graham tried to buy a bottle of orange juice to raise his low blood sugar levels due to diabetes.

“A Race to Force the Issue: A Use-of-Force Doctrine in Policing.” Naval Postgraduate School, 2017, pp. Syllabus. “A Race to Force the Issue: A Use-of-Force Doctrine in Policing.” Naval Postgraduate School, 2017, pp. 26-29.EBSCOhost,libproxy.berkeley.edu/login?qurl=http%3a%2f%2fsearch.ebscohost.com%2flogin.aspx%3fdirect%3dtrue%26db%3da9h%26AN%3d102839947%26site%3deds-live. Because the interpretation has not been consistent, the Graham standard is not an effective way to judge the legality of excessive force. 8Gold, Jay. 19Avelar, Tracy A. 24“Graham v. Connor Et Al. “Part 1 Graham v. Connor.” Federal Law Enforcement Training Center, http://www.fletc.gov/sites/default/files/PartIGrahamvConnor.pdf. 6NWSidebar. 14 After 1989, the organization decided to implement the Graham standard when teaching officers about excessive force. “Eric Garner Case Yields No Indictment for Officer.” Time, Time, 4 Dec. 2014, time.com/3616780/eric-garner-chokehold-new-york-staten-island/. The numerous interpretations of the Graham standard results in an ineffective system used to judge the legality of excessive force. 2017).” Justia Law, law.justia.com/cases/federal/appellate-courts/ca8/16-1697/16-1697-2017-07-25.html. According to Jay Gold from the Utah Bar Journal, “many people, lawyers included, do not fully understand the legal standards that govern whether officers are subject to civil damages liability for the force they apply”.21 After calling the Hatboro Police Department, two police officers decided to forgo the interview regarding their training of Graham v. Connor and their personal definition of excessive force due to the fact that “they don’t feel comfortable doing the interview considering everything that has been going on”.22 Their unwillingness to interview further shows the current ambiguity surrounding the Graham standard and the possible backlash for providing the wrong answer. “Contemporary Trends in Qualified Immunity Jurisprudence: Are Circuit Courts Misapplying Graham V. Connor?.” Utah Bar Journal, vol. 28, no. Hopefully, by teaching these principles, instead of assuming the officer’s knowledge, the ambiguity behind the use of excessive force will decrease. In Graham v. Connor, 490 U.S. 386 (1989), the U.S. Supreme Court established the legal framework for evaluating excessive force claims against law enforcement officers. 21Gold, Jay. 31Rhodan, Maya, and Charlotte Alter.


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