Graham versus Connor
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I need help writing a case brief analyzing the Graham v. Connor court decision. Address the critical elements below. (Be sure to include references if any). Thanks in advance.
1. Facts: State the facts of the case and why the case went to trial.
2. Issue: State what is at issue in the case.
3. Ruling: State the court's ruling in the case.
4. Analysis: This section contains the bulk of the brief. In your analysis, address the following:
a) 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
judging the objective reasonableness of the use of force?
b) What perspective did the court use in determining whether the officer acted appropriately in the use of force? What did the court say about
using hindsight to determine objective reasonableness?
c) What strategies do you believe should be employed to make sure officers are applying the correct amount of force in any given situation?
d) Analyze the connection between the issue of use of force and what criminological theory contributed to the understanding—or
misunderstanding—of these issues.
5. Conclusion: Conclude the case brief by summarizing your analysis.
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Solution Summary
This solution explains Graham v Connor. The sources used are also included in the solution.
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In accordance with BrainMass standards, this is not a hand in ready case brief but is only background help.
Step 1
Facts: The facts are that Graham is a diabetic, and had an insulin reaction. His friend Berry drove him to a store to buy orange juice. Since there was a long queue, Graham darted out and asked Berry to drive him to a friend's house. 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. The result was that Graham suffered a broken foot, cuts on his wrists, a bruised forehead, and an injured shoulder. After checking with the store, Graham was released. He sued Connor and other officers under 42 USC section 1983 charging them with use of excessive force in violation of Fourteenth Amendment. The district court applied a four factor test and gave Connor's motion for direct verdict. The court of appeals affirmed the verdict (a).
Step 2
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?
Step 3
Ruling:
The ruling is that the reasonableness test of the 4th amendment ...
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