Beech v. Melancon, 72-1167.

Citation465 F.2d 425
Decision Date31 July 1972
Docket NumberNo. 72-1167.,72-1167.
PartiesRobert BEECH, Plaintiff-Appellant, v. D. J. MELANCON and P. J. Gallo, Defendants-Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)

Drew S. Days, III, Jack Greenberg, New York City, Walter L. Bailey, Jr., of Ratner, Sugarmon & Lucas, Memphis, Tenn., for appellants.

Arthur J. Shea, James M. Manire and Frierson M. Graves, Jr., Memphis, Tenn., for appellees.

Before EDWARDS, McCREE and KENT, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment for the defendants in a civil rights action instituted by the plaintiff claiming damages resulting from having been shot by the defendant police officers while attempting to escape from the scene of a burglary. The plaintiff and one Crenshaw were attempting to rob a safe in a gas station when the defendant police officers stopped their patrol car in front of the gas station. Plaintiff and Crenshaw attempted to make an escape from the scene of the felonious activity.

The District Judge found that they were warned to halt and were informed that the defendants were police officers. When they did not halt the defendants fired, Crenshaw was killed and Beech was wounded.

The single issue here presented is whether the trial court was guilty of clear error in concluding that the defendants were justified in the use of deadly force to apprehend the plaintiff. A Tennessee Statute, T.C.A. § 40-808, authorizes a police officer under the circumstances set forth above to "* * * use all the necessary means to effect the arrest." This Statute has been recently construed and found to be constitutional by a Three-Judge District Court. Cunningham v. Ellington, 323 F.Supp. 1072 (W.D.Tenn.1971). In any event the police officers were entitled to assume the constitutionality of the Tennessee Statute. "State statutes like federal ones are entitled to the presumption of constitutionality until their invalidity is judicially declared." Davies Warehouse Company v. Bowles, 321 U.S. 144, 153, 64 S.Ct. 474, 479, 88 L.Ed. 635 (1944), and see also McDonald v. Board of Election, 394 U.S. 802, 808, 809, 89 S.Ct. 1404, 22 L.Ed.2d 739 (1969); Davis v. Department of Labor, 317 U.S. 249, 257, 63 S.Ct. 225, 87 L.Ed. 246 (1942).

On this record the District Judge had evidence to justify his finding that the officers used only the "necessary means to effect the arrest." The plaintiff and his accomplice were engaged in a safe robbery and attempted to escape in the dark of night through weeds and bushes after being warned that police officers were present with guns. We cannot say that the District Judge was guilty of clear error.

The judgment is affirmed.

McCREE, Circuit Judge (concurring).

I agree with the result reached by the court's opinion to the extent that...

To continue reading

Request your trial
26 cases
  • Palma v. Johns
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 28 Febrero 2022
    ...police from danger" is a "strong governmental interest[ ]" underlying Fourth Amendment jurisprudence); Beech v. Melancon , 465 F.2d 425, 426 (6th Cir. 1972) (McCree, J., concurring) ("[C]ourts should not second-guess police officers who, faced with making split-second decisions, reasonably ......
  • Davis v. Balson, C 73-205.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • 28 Septiembre 1978
    ...Cir.), cert. denied, 425 U.S. 975, 96 S.Ct. 2176, 48 L.Ed.2d 800 (1976); Jones v. Marshall, 528 F.2d 132 (2d Cir. 1975); Beech v. Melancon, 465 F.2d 425 (6th Cir. 1972), cert. denied, 409 U.S. 1114, 93 S.Ct. 927, 34 L.Ed.2d 696 (1973); Cunningham v. Ellington, 323 F.Supp. 1072 (W.D.Tenn.197......
  • Carter v. City of Chattanooga, Tenn., s. 84-5247
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 7 Noviembre 1986
    ...in Cunningham v. Ellington, 323 F.Supp. 1072 (W.D.Tenn.1971), and this court had declared the statute constitutional in Beech v. Melancon, 465 F.2d 425 (6th Cir.1972), cert. denied, 409 U.S. 1114, 93 S.Ct. 927, 34 L.Ed.2d 696 (1973), and Wiley v. Memphis Police Department, 548 F.2d 1247 (6t......
  • Carter v. City of Chattanooga, Tenn., s. 84-5247
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 27 Junio 1988
    ...like federal ones are entitled to the presumption of constitutionality until their invalidity is judicially declared." Beech v. Melancon, 465 F.2d 425, 426 (6th Cir.1972), cert. denied, 409 U.S. 1114, 93 S.Ct. 927, 34 L.Ed.2d 696 (1973) (citations omitted) (emphasis added). In a concurring ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT