REHNQUIST, C.J., delivered the opinion of the Court, in which WHITE, STEVENS, O'CONNOR, SCALIA, and KENNEDY, JJ., joined. On a late-fall afternoon in 1984, in Charlotte, North Carolina, Dethorne Graham started to feel ill. I was doing something else." MATT: But for our purposes, the reason we were there or the reason we were excited for Kelly to be there is that a big chunk of the class ... [ARCHIVE CLIP, Jim Glennon: So all right, let’s talk about the ...], [ARCHIVE CLIP, Jim Glennon: ... about Graham vs. Connor and us actually using force.]. . Devallis Rutledge is special counsel to the Los Angeles County District Attorney's Office, a use-of-force subject matter expert, and author of numerous books and POLICE Magazine's monthly "Point of Law" column. After speaking briefly with the two men, Connor called for backup. Turning away from the Fourteenth Amendment as a constitutional standard would come to represent a missed opportunity to situate excessive force in minority communities as a long-standing structural problem. Did the officer try to de-escalate the situation before using force? He tries to tell the officers ... That he was a diabetic, that he had a medical card in his wallet. The District Court ...], [ARCHIVE CLIP, Justice Thurgood Marshall: Was that threatening to anybody? Totality means, like, totality. ], [ARCHIVE CLIP, protester: They killed her baby, man. So considering the facts that are known in the Ferguson case, of which there are very few in the public domain at this time, the officer's state of mind will play an important role in considering if the shooting was excessive. And so the question that I asked producer Matt Kielty and Kelly Prime was, "Why?". So, he starts to tail Dethorne and his friend. The reasoning of Kidd was subsequently rejected by the en banc Fourth Circuit in Justice v. Dennis, 834 F.2d 380, 383 (1987), cert. MATT: You look at the who, what, where, when. Kelly said the whole thing was put on by this company. At that time I handcuffed him.". And the thing that Chiraag said to me that was kind of surprising is that, because this is a criminal case it's not -- the reasonableness standard isn't gonna be the front and center defense here for Chauvin. He represented Dethorne Graham in that original case. State and local governments, however, have the opportunity to be more proactive. Radiolab is created by Jad Abumrad with Robert Krulwich, and produced by Soren Wheeler. MATT: So, these were, like, it’s constrained only to this little moment in time, it’s constrained to the perspective of the officers, constrained that there’s no 20/20 hindsight, all of that stuff. CHIRAAG BAINS: Well actually, one thing before I get into this, do you happen to have the charging document from ... MATT: So I was talking to this guy Chiraag Bains who used to try use of force cases and civil rights cases. He was never arrested. It’s fast, and the court recognizes that. You’ve had your chance to police my community without murdering us and you have failed for 300 years. Justice BLACKMUN, with whom Justice BRENNAN and Justice MARSHALL join, concurring in part and concurring in the judgment. He was never arrested. And he’s like, "Take a look at this right here." This sort of thing they'll say we didn't know. And if I don’t have a gun, your ass is going to jail because you were wrong. He bent forward at the waist and began to take a step forward in my direction. Officer Connor of the Charlotte Police Department, sitting in the car across the street, saw Graham enter the store, then quickly run from the store, a textbook move for a thief or robber. His body would seize up and he would shake and he would bite his tongue up. Our cases have not resolved the question whether the Fourth Amendment continues to provide individuals with protection against the deliberate use of excessive physical force beyond the point at which arrest ends and pretrial detention begins, and we do not attempt to answer that question today. Many cases used substantive due process under the Fourteenth Amendment, following an earlier Second Circuit Court of Appeals decision in Johnson v. Glick, in which a detained man alleged that a correctional officer had assaulted him. He understood what was happening; insulin reactions from diabetes were a regular part of his life. Yeah. For the first time in hundreds of years, maybe they would have an objective standard. WOODY CONNETTE: And the officers laid him out in his front yard, took the handcuffs off and then just drove away. Jim pauses. . App. No, he didn’t. So -- and which fortunately he was able to overcome that, and ... And that was after the Supreme Court case? ], [ARCHIVE CLIP, lawyer: He wasn’t arrested. While this was going on, a few people gathered around. Until that point, the legal standards through which federal courts reviewed claims of excessive force by state and local police were diverse. WOODY CONNETTE: When Justice Marshall said that, suddenly I heard a judge who understood our point of view. ], [ARCHIVE CLIP, lawyer: I think we’re playing with words there. But until I am faced with a case in which that question is squarely raised, and its merits are subjected to adversary presentation, I do not join in foreclosing the use of substantive due process analysis in prearrest cases. This is Woody Connette again. So if you think of time as just this, like, continuous flow, this is like, no, you break that, you stop that and you take this one little moment and you pluck it out and you’re like, this moment. 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. All right all you hungover cops, let’s get this shit started.]. ], [ARCHIVE CLIP, Jim Glennon: Does this work under Graham? ], [ARCHIVE CLIP, lawyer: At the time, the officers didn’t know that he was a diabetic in a coma. What is reasonable and what is not reasonable? So I -- I called a few different people and was told, yes, but not quite in the way that maybe I would expect. It’s not just that but yes, it also includes that. A generation of officers has been trained in the case's practical meaning and has spent decades applying it to every use-of-force decision. GERALD BEAVER: From the facts of the case. On November 12, 1984, diabetic Dethorne Graham asked his friend to drive him to a convenience store so he could purchase some orange juice as he believed he was about to have an insulin reaction. Dethorne Graham, a diabetic, brought a § 1983 action to recover damages for injuries sustained when law enforcement officers used physical force against him during an investigatory stop.

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