On a fall afternoon in 1984, Dethorne Graham ran into a convenience store for a bottle of orange juice. Minutes later he was unconscious, injured, and in police handcuffs. In this episode, we explore a case that sent two Charlotte lawyers on a quest for true objectivity, and changed the face of policing in the US.
Full Answer
What happened to dethorne Graham on ‘Blue Bloods?
When Officer Connor finally realized that nothing had happened in the convenience store, he released Dethorne Graham from custody. However, during his encounter with the police, Graham sustained multiple injuries including a broken foot, cuts on his wrists, a bruised forehead, and an injured shoulder.
What happened to Graham after the encounter with Officer Connor?
Once Officer Connor received a report that Graham had done nothing wrong at the convenience store, the officers drove him home and released him. As a result of the encounter, Graham sustained multiple injuries.
What was Graham Graham's case against the police?
Graham later filed suit in the District Court charging that Connor and the other officers used excessive force in violation of "rights secured to him under the Fourteenth Amendment to the United States Constitution." The District Court and the Court of Appeals both ruled in favor of the police officers.
How did dethorne Graham become a diabetic?
1984, On Nov. 12, 1984, Dethorne Graham, a North Carolina Department of Transportation maintenance worker and diabetic, sensed the onset of a diabetic reaction and needed sugar to offset the insulin. He asked a friend to drive him to a convenience store so he could purchase orange juice to counteract the insulin reaction.
What happened to Graham in Graham v. Connor?
Respondent backup police officers arrived on the scene, handcuffed Graham, and ignored or rebuffed attempts to explain and treat Graham's condition. During the encounter, Graham sustained multiple injuries. He was released when Conner learned that nothing had happened in the store.
What is the issue in Graham v. Connor?
The U.S. Supreme Court in Graham v. Connor (1989) determined that "objective reasonableness" is the Fourth Amendment standard to be applied in assessing claims of excessive force by police; this study analyzed the patterns of lower Federal court decisions in 1,200 published Section 1983 cases decided from 1989 to 1999.
What was the final outcome of Graham v. Connor?
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".
What are the 5 Graham factors?
The Graham factors act like a checklist of possible justifications for using force....The Severity of the Crime. ... The Immediacy of the Threat. ... Actively Resisting Arrest. ... Attempting to Evade Arrest by Flight.
What are the 3 prongs of Graham v. Connor?
The need for the application of force; The relationship between that need and the amount of force that was used; The extent of the injury inflicted; and. Whether the force was applied in a good faith effort to maintain and restore discipline or maliciously and sadistically for the very purpose of causing harm.
When did Graham vs Connor happen?
1989Graham v. Connor / Date decided
Does a police officer who stops a high speed chase by ramming a fleeing suspect's car violate the Fourth Amendment's protection against unreasonable seizure?
The Court rules that a police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death.
What percentage of U.S. residents had contact with the police in 2008?
16.9%declined between 2002 and 2008 In 2008, the percentage of residents who experienced contact with police further decreased to 16.9%. Overall, about 5.3 million fewer residents had face-to-face contact with police during 2008, compared to the total number who had contact in 2002 (table 1).
What was the most commonly employed technique used against assaults of police officers?
The most commonly employed techniques against police officers were punches and kicks.
What is the three prong test law enforcement?
The Three Prong Graham Test The severity of the crime at issue. Whether the suspect poses an immediate threat to the safety of the officers or others.
What is Johnson v Glick?
1974. 13 pages. DISCUSSION OF A 1973 FEDERAL CASE ALLOWING A PRISONER TO BRING A CIVIL RIGHTS ACTION FOR MONEY DAMAGES AGAINST THE GUARD INVOLVED BUT DISMISSING A CLAIM AGAINST THE WARDEN, AS THE GUARD'S SUPERIOR.
Do government officials have immunity?
Harlow v. Fitzgerald, 457 U.S. 800 (1982), the Supreme Court held that federal government officials are entitled to qualified immunity.
Which of these are factors of the Graham v. Connor test?
Yet, the current test, developed under Graham v. Connor, for whether officers' use of force is excessive during an arrest considers only three factors: severity of the crime, immediacy of the threat, and resistance to arrest or attempts to flee.
What was the most commonly employed technique used against assaults of police officers?
The most commonly employed techniques against police officers were punches and kicks.
Where did the objective reasonableness standard come from?
Almost 27 years ago, the U.S. Supreme Court decided Graham v. Connor and established that claims of excessive force by law enforcement officers should be judged under an “objective reasonableness” standard.
In which case did the US Supreme Court establish the deliberate indifference standard?
Estelle v. GambleDeliberate Indifference In Estelle v. Gamble, 429 U.S. 97 (1976), the Supreme Court established that the Eighth Amendment may be violated due to factors related to a prisoner's confinement.
What happened to Dethorn Graham?
An innocent trip to a Charlotte store in 1984 eventually led Dethorn Graham to the Supreme Court. Much to his dismay, his brutality case ended up protecting police.
Who is Graham's daughter?
I really felt bad," his daughter Deborah Ann Moore, who was in high school at the time, said. "That was really hard to see to know that another person, especially a police officer that is here to serve and protect, actually did that to him.". Graham's name is still cited in police training manuals, district attorney decisions ...
Did Graham lose his lawsuit?
Graham ultimately lost his lawsuit against the City of Charlotte and later passed away. His family is now pushing for a tougher standard that better protects the public.
What happened to Dethorne Graham?
However, during his encounter with the police, Graham sustained multiple injuries including a broken foot, cuts on his wrists, a bruised forehead, and an injured shoulder.
What happened to Graham in the car?
Several police officers lifted the unconscious Graham up, carried him over to Berry's car, and placed him face down on the hood. When he regained consciousness, Graham asked the officers to look at the diabetic decal he carried in his wallet. In response, according to witness testimony, one of the officers told Graham to "shut up" and shoved his face down against the car. Next, four police officers threw Graham head first into a police car. When one of Graham's friends brought him some orange juice, the police officers would not give it to him.
What amendment did the police use against Connor?
Graham later filed suit in the District Court charging that Connor and the other officers used excessive force in violation of “rights secured to him under the Fourteenth Amendment to the United States Constitution.”. Download. The District Court and the Court of Appeals both ruled in favor of the police officers.
How many times was Laquan McDonald shot?
Laquan McDonald, 17, was shot by Chicago police 14 times. McDonald was carrying a knife but made no effort to attack police officers. The incident was captured on video. Akai Gurley, 28, was killed on November 20, 2014 by a police officer in Brooklyn, New York.
How did Freddie Gray die?
Freddie Gray, 25, died in April 2015 of a spinal cord injury sustained while in the custody of Baltimore, Maryland police. Police claimed he possessed a knife.
When considering the impact of the Supreme Court decision in Graham v. Connor, we should not just look at the?
When considering the impact of the Supreme Court decision in Graham v. Connor we should not just look at the number of victims of police violence.. We need to see victims as people. Some of the youngest Black men killed by police since August 2014 are named here.
Who was the police officer in the Charlotte City store?
Graham then asked Berry to drive him to another friend’s house where he hoped to get some juice. M.S. Connor, a Charlotte city police officer was sitting in a patrol car in the vicinity of the convenience store. Court records do not detail whether Connor was White, but there is reason to suspect that he was.
Who was the judge in Graham v. Graham?
In Mr. Graham’s lawsuit, held in North Carolina, in the U.S. District Court for the Western Division, the presiding judge was Judge Robert D. Potter , Chief Judge of that court at the time. It is important to provide a few notes on Judge Potter because this is where the trouble starts.
Who wrote the majority opinion in Graham v. Graham?
When the case reached the U.S. Supreme Court, the fact that the late Justice, William Rehnquist wrote the majority opinion, in this case, should have been a red flag. Mr. Graham’s lawsuit was reinstated and the original trial court judgment was vacated but instead of bringing the hammer, Rehnquist changed the history of policing in America.
Did Judge Potter charge the officer?
They never charged the officer with anything. Judge Potter could have made this right from the start. He failed.
Is Graham standard good?
While slightly better than the prior standard, it still was no good for people maimed by the police or even killed . In addition, it provided police officers with an almost airtight defense in police brutality cases. It has become known as the Graham standard.
Did Dethorne Graham have diabetes?
Dethorne Graham had diabetes. He had taken his insulin that day 34 years ago but he had not eaten. He feared he might go into diabetic shock so he had a friend stop at a store so he could get some orange juice.
Who is Dethorn Graham?
Dethorn Graham, the plaintiff in an action alleging the unconstitutional infliction of excessive force by officers of the Charlotte, North Carolina Police Department, appeals an order of the district court, 644 F. Supp. 246, granting a directed verdict in favor of the defendants. Although we find that the conduct of the police officers was far from commendable, we agree that no constitutional injury occurred. We, therefore, affirm.
What happened to Graham when he was working on an automobile?
On November 12, 1984, Graham was working on an automobile at his home in Charlotte, North Carolina, when he felt the onset of a diabetic insulin reaction. For a diabetic such as Graham a reaction caused by a drop in blood sugar can cause nausea, dizziness, and disorientation. Left untreated the reaction can lead to coma or even death.
What was the case against Charlotte police officers?
Graham subsequently brought a civil action in district court on July 11, 1985, against the City of Charlotte and the five individual police officers present on November 12, 1984. In addition to alleging the infliction of constitutionally excessive force by the officers, Graham charged that the city had failed to train its police officers to respond appropriately to a medical emergency. He also alleged the officers' conduct amounted to discrimination on the basis of handicap in violation of Sec. 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 704. Finally, Graham asserted pendent state claims of assault, false imprisonment and intentional infliction of emotional distress under North Carolina common law.
Why did the police say Graham proved no actionable harm?
The police take the position that Graham proved no actionable harm because Berry, one of Graham's witnesses, did not hear any impact when the police pushed Graham's head against the car and because Berry's statement to a police investigator differed in some respects from his testimony. The police also emphasize that Graham's expert witness acknowledged that it was appropriate to restrain him. Reliance on these arguments for affirmance violates both the standard for reviewing a directed verdict and Federal Rule of Evidence 607. A party is no longer bound by the statement of his own witness. It was the jury's function--not the court's--to decide which version of Berry's account to believe. Moreover, Graham's expert soundly criticized the manner in which the police conducted themselves. His testimony on which the police rely was made in response to a hypothetical question on cross examination framed most favorably for the police in disregard of much of Graham's evidence. Again, the jury was the proper arbiter of the weight to be accorded the expert's response.
Why did Graham struggle with the police?
Graham testified that he struggled with the officers because they would not allow him to reach his wallet and display a card identifying him as a diabetic. He also maintained that the officers refused to allow one of his friends to give him orange juice and that one of the officers cursed him when he asked for the juice. Graham further maintained that in the struggle, his face was slammed against the hood of the police car before he was then forcibly shoved into the car and driven home.
What happened to Graham's foot?
It is undisputed that at some point during the unfortunate incident Graham's foot was broken. Graham also contended that he suffered an abrasion over his left eye, that his wrists were cut by the handcuffs, that his right shoulder was injured and that he developed a loud ringing in his right ear as a result of being "slammed" onto the hood of the automobile.
When was the Graham case?
The case came on for trial on September 16-17, 1986. In addition to his own account of the incident, Graham presented the testimony of William Berry and Officer Townes. Graham also sought to introduce expert testimony by Dr. Robert Meadows on the subject of proper police training. 1
Who saw Graham's hasty exit from the store?
Respondent Connor, a city police officer, saw Graham’s hasty exit from the store. He became suspicious that Graham may have been involved in a robbery because of his quick exit. Officer Connor then stopped Berry’s car.
Why did Graham have an insulin reaction?
Petitioner Graham had an oncoming insulin reaction because of his diabetes. Respondent Connor and other respondent police officers perceived his behavior as suspicious. In conducting an investigatory stop, the officers inflicted multiple injuries on Graham. The lower courts used a “substantive due process ” standard to evaluate Graham’s excessive ...
What is the Fourth Amendment in Graham v. Garner?
Graham’s excessive force claim in this case came about in the context of an investigatory stop. A person’s protection against unreasonable seizures during an investigatory stop is protected by the Fourth Amendment. Accordingly, the courts below should have evaluated Graham’s claim under the Fourth Amendment. Indeed, the Court used a Fourth Amendment analysis in the case of an officer’s use of deadly force against a fleeing suspect in Tennessee v. Garner, 471 U.S. 1 (1985).
What constitutional amendments are used in Graham v. Connor?
Connor rejects that approach. Instead, the Court finds that excessive force claims should be analyzed under specific constitutional provisions, such as the Fourth or Eighth Amendments .
What standard did the Supreme Court use to evaluate Graham's claims?
The lower courts used a “substantive due process ” standard to evaluate Graham’s excessive force claims. Based on that standard, the courts found that the officers did not use excessive force on Graham. The Supreme Court reversed and remanded that decision.
Which amendment should have been applied to Graham's case?
Unlike a substantive due process analysis, the Fourth Amendment analysis that should have been applied to Graham’s case requires that the officers’ actions were “objectively reasonable” in light of the circumstances, without regard to the officers’ subjective intent or motivation. In sum, the Johnson v.
Who was the petitioner in the case of the diabetic?
Statement of the Facts: The Petitioner Dethorne Graham , a diabetic, felt the onset of an insulin reaction. He asked his friend William Berry to drive him to a convenience store to get orange juice. Upon seeing a long line at the store, Graham quickly left and asked Berry to drive him to a friend’s house instead.
What did the officers do to Graham?
Regaining consciousness, Graham asked the officers to check in his wallet for a diabetic decal that he carried. In response, one of the officers told him to "shut up" and shoved his face down against the hood of the car. Four officers grabbed Graham and put him head first into the police car.
Who was the driver of the car that Graham got into?
The driver of the car, William Berry, told the officer that Graham was a diabetic, but the officer ordered the pair to wait while he found out what had happened in the store.
What are the findings of Graham v. Connor?
Findings from Graham v. Connor determine the legality of every use-of-force decision an officer makes. And they will certainly be considered in the recent deadly use-of-force decision made by Ferguson, Mo., police officer Darren Wilson when using deadly force on Michael Brown. Which is why every American law enforcement officer should have a sound understanding of the Graham case and what it means.
What are the factors that should be included in a Graham analysis?
Greg Meyer, a POLICE Advisory Board member and noted use-of-force expert, the officer's assessment of the suspect becomes very important in a Graham analysis. Height and weight? Weapons? Demeanor? Verbal threats? Intoxication? Prior knowledge of suspect's history? These are among the many factors that you should remember to include in the reporting.
What is the Graham standard?
Using the Graham standard, an officer must apply constitutionally appropriate levels of force, based on the unique circumstances of each case. The officer's force should be applied in the same basic way that an "objectively reasonable" officer would in the same circumstances.
Why did Graham ask a friend to drive him to a convenience store?
He asked a friend to drive him to a convenience store so he could purchase orange juice to counteract the insulin reaction. As he entered the store, Graham took note of the police car parked across from the store, but didn't give it a second thought. He needed sucrose and couldn't wait.
How many officers grabbed Graham?
Four officers grabbed Graham and put him head first into the police car. A friend of Graham's brought some orange juice to the car, but the officers refused to let him have it.
Why did Dethorne Graham ask his friend to drive him to a convenience store?
On November 12, 1984, diabetic Dethorne Graham asked his friend to drive him to a convenience store so he could purchase some orange juice as he believed he was about to have an insulin reaction. Facing a long line upon entering the store, Graham quickly exited, got back into his friend’s car and asked him to drive to a friend’s house.
What is the purpose of Graham v. Connor?
Connor considers the interests of three key stakeholders – the law-abiding public who has a right to move about unrestricted, the government that has a right to enforce its laws, and the LEO who has an obligation to enforce the law and the right to do so without suffering injury. LEOs should know and embrace Graham. Time and again, the United States Supreme Court has demonstrated a clear recognition of the dangers inherent in the LEO’s duties, as well as their role in a peaceful society.
What is the solid bedrock of Graham v. Connor?
The solid bedrock of Graham v. Connor provides a strong foundation for LEOs doing the work few in society are willing to do
Who stopped the car in Charlotte?
Graham’s short stay and rapid exit attracted the attention of City of Charlotte (N.C.) police officer M.S. Connor who stopped the car. He detained Graham and the driver until he could establish that nothing untoward occurred at the convenience store.
Should LEOs embrace Graham?
LEOs should know and embrace Graham. Time and again, the United States Supreme Court has demonstrated a clear recognition of the dangers inherent in the LEO’s duties, as well as their role in a peaceful society. Critics may scream louder than our supporters.
What was the reason for the arrest of Graham?
That December, Graham, then 17, and two 20-year-olds were arrested for an armed home invasion and robbery. Graham was found to have violated his probation and sentenced to life imprisonment. Since Florida has no parole, Graham’s only option for release would have been executive clemency.
Was there money taken in the 2003 burglary?
No money was taken in the 2003 incident. Graham pleaded guilty to armed burglary with assault or battery, and in a letter to the trial court he wrote, “This is my first and last time getting in trouble.”. Graham received probation and was ordered to spend a year of it in the county jail. He was released in June 2004.
Why did Graham leave the convenience store?
Facts of the Case. Graham, a diabetic man, rushed into a convenience store to buy orange juice to help counteract an insulin reaction. It only took him a few seconds to realize that the line was too long for him to wait. He abruptly left the store without purchasing anything and returned to his friend’s car.
What did Graham's counsel argue about the Fourth Amendment?
The Arguments. Graham's counsel argued that the officer’s actions violated both the Fourth Amendment and the due process clause of the 14th Amendment. The stop and search itself were unreasonable, they argued, because the officer did not have sufficient probable cause to stop Graham under the Fourth Amendment.
What is Graham v. Connor?
Graham v. Connor ruled on how police officers should approach investigatory stops and the use of force during an arrest. 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. This standard requires courts to consider the facts and circumstances surrounding an officer's use of force rather than the intent or motivation of an officer during that use of force.
What did the Supreme Court say about Tennessee v. Garner?
In that case, the Supreme Court had similarly applied the Fourth Amendment to determine whether the police should have used deadly force against a fleeing suspect if that suspect appeared unarmed. In that case as well as in Graham v. Connor, the court decided that they must consider the following factors to determine whether the force used was excessive:
Which amendment is the Johnston v. Glick test?
The court struck down previous lower court rulings, which used the Johnston v. Glick test under the 14th Amendment. That test required the court to consider motives, including whether the force was applied in “good faith” or with “malicious or sadistic” intent. Eighth Amendment analysis also called for subjective consideration because of the phrase “cruel and unusual” found in its text. The court found that objective factors are the only relevant factors when evaluating claims of excessive use of force, making the Fourth Amendment the best means of analysis.
Why are the 14th and 8th amendments irrelevant?
The ruling also rendered the 14th and Eight Amendments irrelevant when analyzing an officer's actions, because they rely on subjective factors.
