The 40th Anniversary of Tennessee v. Garner
The 40th Anniversary of Tennessee v. Garner
40 Years Ago a Supreme Court Decision Changed Everything
By: Joseph Giacalone
The 40th Anniversary of the Tennessee v. Garner decision happens this week and is still relevant today as ever. March 27, 2025 marks the U.S. Supreme Court decision which has become known as the Fleeing Felon Rule. The landmark decision in Tennessee v. Garner effectively limited the police use of deadly physical force in cases where someone is feeling arrest.
The Shooting
At a little before 11PM on October 3, 1974, Memphis police officers responded to a burglary in progress at 739 Vollintine Street. When Officer Elton Hymon and his partner, Officer Leslie Wright arrived at the scene, they met the neighbor who stated that a burglar had entered the house next door. Officer Hymon confronted an individual fleeing the rear of the home and told to him to “Halt!” The suspect attempted to escape by climbing a chain link fence. Officer Hymon fired one shot striking the suspect in the head. That suspect was Edward Eugene Garner. The fifteen year old was unarmed, and was in possession of a watch and ten dollars from the scene. He was pronounced dead at the hospital the following morning.
Tennessee Common Law
At the time, Tennessee common law stated that any force necessary to effect a lawful arrest could be used, including the use of deadly physical force. However, that would all change because of Tennessee v. Garner. Edward’s father, Clemtree Garner, represented by Walter Bailey and Steven Winter, brought a federal lawsuit against the city of Memphis and the state’s outdated law.
The Supreme Court Decision
On March 27, 1985, the U.S. Supreme Court rendered its decision by a vote of 6-3. The Court determined that the shooting of an unarmed suspect who posed no immediate threat was a violation of the Fourth Amendment’s unreasonable seizures. The Court also outlined what is now known as the Fleeing Felon Rule. The Rule states that in order to use deadly physical force on a fleeing suspect, the police must have probable cause that suspect poses a significant threat of death or injury to either the police or the public.
I had the opportunity to interview Mr. Walter Bailey on his thoughts on the Tennessee v. Garner case some forty years later. We had a great conversation into the history of the case and its impact on law enforcement then and into the future. It will al be posted in a future podcast. However, here is a little clip from it that I felt compelled to include in this post. Mr. Bailey refers to the Garner decision as a vaccine. Listen to the brief explanation as to why he feels that way. HERE
To read more about the decision in Tennessee v. Garner including oral arguments click here