GRAHAM V CONNOR

November 12, 1984

GRAHAM V CONNOR

42 U.S.C. § 1983 Violation Lawsuit

Graham filed a federal lawsuit against Officer Connor stating that his civil rights under the fourteenth amendment were violated. The case initially went to court on February 21, 1989. Graham alleged that the officers involved in his case used excessive force against him. Officer Connor believed he had "good faith" that Graham had committed a crime. The court stated: "in the course of an arrest, investigatory stop, or other 'seizure' of a free citizen are properly analyzed under the Fourth Amendment's "objective reasonableness" standard, rather than under a substantive due process standard"

Dethorne Graham was a diabetic having a reaction to his insulin in Charlotte, NC. Graham was in need of sugar, so he asked his friend, William Berry to drive to a nearby convenience store for orange juice. Once at the store, Graham saw that the line was long, left the store and got back in Berry's car. Graham then asked Berry to drive him to a friend's house in search of a sugary beverage.

Officer Connor Notices Graham

What is "Objective Reasonableness"?

Officer Connor of the Charlottesville Police Department was sitting in his marked patrol vehicle outside of the convenience store when he saw Graham enter the store, then quickly leave in what appeared to be a getaway car. Officer Connor then got behind the car and followed Berry and Graham. Officer Connor then stopped the car to investigate what he believed to be a shoplifting.

The court opinion was “…that all claims that law enforcement officers have used excessive force – deadly or not – in the course of an arrest, investigatory stop, or other seizure of a free citizen should be analyzed under the Fourth Amendment and its objective reasonableness standard…” “The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight."

This test asks, based on facts and circumstances known at the time, was the force that was used considered reasonable?

Force Used Against Graham

Graham is Arrested

The officers lifted Graham from the ground as Graham began to regain consciousness. Graham explained that he had a card identifying him as a diabetic in his wallet, but he was told to "shut-up." Officers pushed Graham's face into the hood of Officer Connor's police car and then four officers pushed him into the back of the car, head first.

Verdict Summarized

Graham Factors

Factors to Consider When Determining what is "Reasonable"

Officer Connor ordered Graham and Berry to wait while he figured out what had happened back at the store. Berry told Officer Connor that Graham was a diabetic in need of sugar. Officer Connor returned to his patrol call and called for backup. While Officer Connor was in his car, Graham got out of the vehicle, ran around it twice, sat down on the curb and ultimately passed out. Many officers showed up to back up Officer Connor, one of which rolled Graham over and placed him in handcuffs. Berry explained to police that Graham was in need of sugar.

The Supreme Court in 1989 ultimately determined that Graham did not present enough evidence against Officer Connor to say that he acted maliciously or sadistically. Chief Jusitice Rehnquist stated, "The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation."

Truth Discovered

• Violent history of suspect known to officer
• Suspect's mental/psychiatric history known to officer
• Innocent bystanders who could be harmed
• Availability of weapon such as spray, batons, or tasers
• Number of suspects and officers
• Duration of action
• Size, age, and condition of officer/suspect

A friend of Graham's attempted to give Graham orange juice, but police would not permit it. Graham sustained a broken foot, cuts on his wrists, a bruised forehead, and an injured shoulder before Officer Connor discovered that nothing had happened at the convenience store and Graham was innocent. Officers then drove Graham home and released him.