United States Fourth Circuit

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Henry v. Purnell, 08-7433

In a Section 1983 action arising from the non-fatal shooting of a suspect wanted for misdemeanor failure to pay child support, summary judgment in favor of defendant-police officer is reversed because: 1) although defendant intended to use his Taser rather than his gun to stop fleeing suspect, Tennessee v. Garner prohibits shooting suspects who pose no significant threat of death or serious physical threat; and 2) defendant's use of force could be viewed by a jury as objectively unreasonable.

Appellate Information

  • Decided 07/14/2011
  • Published 07/14/2011

Judges

  • GREGORY

Court

  • United States Fourth Circuit

Counsel