• 9 minutes

Supreme Court's Rejection of Provocation Rule


Fourth Amendment violations should be analyzed separately.

In Tennessee v. Garner, the lead case in deadly force, deadly force can be used if the subject is an imminent threat to officers or to others. The officer should identify himself/herself and warn the subject first if feasible. However, an important unanswered question in Fourth Amendment jurisprudence is where Fourth Amendment review begins in self?defense shooting – specifically, can you consider that police created circumstances that required use of deadly force? First, Third, Seventh (applying qualified immunity), and Eleventh Circuits consider “all the surrounding circumstances” and “actions leading up to” use of force. This video reviews the provocation rule and several court cases surrounding deadly force.

Runtime: 9 minutes



Wayne C. Beyer, Esq.

Wayne C. Beyer, Esq.

  • Trial lawyer, author, presenter, former federal official and administrative appeals judge
  • Lead counsel in over 300 police misconduct and corrections cases, including dozens of jury trials, involving Fourth Amendment excessive force, false arrest, illegal search, fatal shootings, positional asphyxia, cell suicide, pursuits, failure to render medical assistance, failure to protect, First Amendment, malicious prosecution, and wrongful conviction
  • Assistant corporation counsel and assistant attorney general for the District of Columbia and outside counsel to New Hampshire’s Property and Liability Insurance Trust
  • Presenter at national programs for Georgetown University Law Center, Defense Research Institute, the American Bar Association, the Federal Judicial Center for District and Magistrate Judges, and many webinars
  • Author of law review and magazine articles on police misconduct, including the 1,540-page treatise and handbook, “Police Misconduct: A Practitioner’s Guide to Section 1983,” available from Juris Publishing at Bookstore/United-States/Police-Misconduct.html
  • Member of New Hampshire and D.C. Bars, International Association of Chiefs of Police, National Sheriffs Association, and Police Executive Research Forum
  • Formerly associate and partner at prominent New Hampshire law firms; chief of staff U.S. General Services Administration; and rendered 750 final decisions on employment and labor issues for the executive branch of the United States government as member, chairman, chief judge, U.S. Department of Labor Administrative Review Board and member Federal Labor Relations Authority
  • Degrees from Dartmouth College, Harvard University, and Georgetown University Law Center
  • Can be contacted at 603-356-5106 or [email protected]

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