Deadly Force

What It Is

Deadly force is force that is likely to cause death or serious bodily harm — most commonly shooting a firearm, but it can also include chokeholds, vehicle strikes, or taser use in certain circumstances. The Fourth Amendment places strict limits on when officers may use deadly force, because killing or gravely injuring someone is the most extreme form of seizure.

The Garner Rule

In Tennessee v. Garner, 471 U.S. 1 (1985), the Supreme Court struck down a Tennessee law that allowed police to shoot any fleeing suspect. The Court held that deadly force is a seizure under the Fourth Amendment and may only be used when:

1. The officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others, AND
2. The force is reasonably necessary to prevent escape (when applicable)

The officer must reasonably believe the suspect is dangerous — not merely fleeing. Shooting an unarmed person running from a minor offense is unconstitutional.

The Graham Framework Still Applies

Deadly force claims are analyzed under the same Graham v. Connor “objective reasonableness” standard as other excessive force claims. Courts consider the totality of the circumstances, including:

• The severity of the crime at issue
• Whether the suspect posed an immediate threat to officers or others
• Whether the suspect was actively resisting or attempting to evade arrest

The most important factor is almost always the immediacy of the threat. Courts will look at what the officer knew at the moment force was used — not what was discovered later.

Common Issues in Deadly Force Cases

• “I thought they had a gun” — Officers often claim they perceived a weapon. The question is whether that perception was objectively reasonable given the circumstances.
• Shooting into vehicles — Many departments prohibit this because moving cars are hard to stop with bullets and bystanders are at risk. Violating department policy doesn’t prove a constitutional violation, but it’s relevant evidence.
• Shooting people in mental health crisis — Officers who immediately resort to deadly force without attempting de-escalation may face liability, though circuit courts vary on whether de-escalation is constitutionally required.
• The “created danger” question — Some courts consider whether the officer recklessly created the dangerous situation that led to the shooting, though this varies by circuit.

Qualified Immunity Challenges

Deadly force cases often hinge on qualified immunity. Defendants argue there’s no clearly established law matching the specific facts. Courts have sometimes required near-identical factual precedent, making these cases difficult. However, Garner itself clearly establishes that shooting an unarmed, non-dangerous fleeing suspect is unconstitutional.

Key Cases

• Tennessee v. Garner, 471 U.S. 1 (1985) — Deadly force limited to dangerous suspects; can’t shoot any fleeing person
• Graham v. Connor, 490 U.S. 386 (1989) — Objective reasonableness standard for all excessive force claims
• Scott v. Harris, 550 U.S. 372 (2007) — Ramming a fleeing car was reasonable given the danger of the high-speed chase
• Plumhoff v. Rickard, 572 U.S. 765 (2014) — Shooting to end a dangerous car chase did not violate the Fourth Amendment