2) Read the entire text of Tennesse v Garner , 471 U.S. 1 (1985) and Graham v Co

2) Read the entire text of Tennesse v Garner , 471 U.S. 1 (1985) and Graham v Connor , 490 U.S. 386 (1989). Apply the Court’s decision and standard of review found in Tennessee v Garner and Graham v Connor to the following factual circumstances. Officers of the Department of Public Safety, Hartman and White, responded to a dispatch of a domestic violence complaint on March 13, 2002. The officers responded to a reported stabbing of a female at 803West First Street (corner of Dresser and West First St.) at approximately 10:17 pm. Officers Hartman and White met the victim, Aleta Seifert, at the residence of Stanley Myshock. The officers observed that she had blood on her hands and that her left arm was wrapped in a towel. Seifert informed the officers that Mike DeMerell stabbed her with a knife in the back and in the arm. Seifert explained that she was assaulted by DeMerell at her residence, 833 Dresser, and that she fled to the Myshock residence for assistance. She also informed the officers that DeMerell threatened to “kill the baby” (a two-year child in the residence with DeMerell) if she called the police. Officer White informed Hartman that he would respond to 833 Dresser and contacted local Michigan State Police troopers and Cheboygan County Sheriff’s Department for backup. Hartman summoned emergency medical care for Ms. Seifert while officer White proceeded to the DeMerell residence (several houses from the Myshock residence). Officer White parked his patrol vehicle in the 833 Dresser residence driveway behind a silver van and was met by Troopers Bolen and Poink. Bolens accompanied White and they looked around the outside of the house. White and Bolen observed DeMerell in the house with a black pistol in his hand and it appeared that he was reaching for an object with his other hand. White stepped off of the porch, informed Bolen and Poink that DeMerell had a gun, retrieved a 12 gauge shotgun from his vehicle, and took a position of cover behind his vehicle where Bolen joined him. Trooper Poink backed his patrol car north of the DeMerell residence, retrieved his shotgun, and took a cover position at his vehicle. DeMerell suddenly exited the house and approached White’s vehicle with the gun in his left hand. White and Bolen moved to a second position of cover, behind a Cheboygan County Sheriff’s Department vehicle (Sgt. Brege and deputy Chimner) who had just arrived. The County vehicle was parked on Dresser street facing north and behind White’s patrol car. From the County vehicle, White, Bolen, Sergeant Brege, and Chimner took a cover position and White attempted numerous times to convince DeMerell to stop advancing and to surrender peacefully. Hartman arrived at the Dresser residence and took a cover position behind a patrol vehicle south of the County vehicle. While advancing toward the officers, DeMerell waived the gun with his left hand across his torso, yelling profanities at the officers, and yelling to them that he was not going to jail, that they didn’t have the balls to shoot him, and to shoot him. Sergeant Brege also attempted to gain DeMerell’s peaceful surrender but he kept yelling, waiving the gun, and continued to advance toward the officers position. White again attempted to verbally control DeMerell, instructing him to put the weapon down but he kept advancing toward them, ignoring the instructions. As DeMerell stepped closer to the officers (approximately 10 yards away ), he raised the gun and pointed it at them. Officer White fired one round from his shotgun, hitting DeMerell in the chest. DeMerell fell to the ground and the officers approached him. They secured the weapon, summoned emergency medical personnel, and initiated life saving efforts until medical personnel arrived on the scene. He was transported to the hospital by responding medical personnel, where he was pronounced dead (it was later discovered that the gun was a “starter pistol,” but it was unknown to the officers at the time).