Terranova v. New York
2012 U.S. App. LEXIS 7587
| 2d Cir. | 2012Background
- On June 2, 2003, Riley and Torres engaged in planning to stop a group of speeding motorcyclists on Sprain Brook Parkway to avoid a high-speed chase.
- The group included Baldwin, Terranova, Oliver, and Figueroa; the motorcyclists slowed, then Baldwin struck a vehicle when stopping for the roadblock.
- Terranova and Oliver maneuvered to avoid the collision; Oliver’s unmanned motorcycle struck Terranova, causing fatal injuries.
- The district court proposed a separate deadly force instruction but later removed it, citing Scott v. Harris and focusing on objective reasonableness.
- The jury found the Troopers not liable for Fourth Amendment excessive-force claims; plaintiffs pursued JNOV and new-trial motions.
- On appeal, appellants challenge the failure to instruct on Garner-based deadly-force preconditions and the overall reasonableness standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Garner preconditions required a deadly-force instruction | Terranova argued Garner factors were required. | Toropers argued Garner preconditions are unnecessary after Scott. | No Garner instruction needed; standard is objective reasonableness. |
| Whether Scott governs reliance on Garner in traffic-stop contexts | Terranova asserts Garner applicability to all deadly-force questions. | Toropers contend Scott rejects Garner-dependent preconditions here. | Scott controls; Garner preconditions not required. |
Key Cases Cited
- Tennessee v. Garner, 471 U.S. 1 (1985) (deadly force may be used to prevent escape when certain conditions exist)
- Scott v. Harris, 550 U.S. 372 (2007) (Garner preconditions are not universal; focus remains on reasonableness)
- Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness governs excessive-force inquiries)
- Brosseau v. Haugen, 543 U.S. 194 (2004) (reiterates reasonableness standard for police use of force)