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ASHCROFT V. MATTIS, 431 U. S. 171 (1977)

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U.S. Supreme Court

Ashcroft v. Mattis, 431 U.S. 171 (1977)

Ashcroft v. Mattis

No. 76-1179

Decided May 16, 1977

431 U.S. 171


Once the District Court had decided that the defendant police officers were not liable in appellee's suit against them for shooting and killing his son in an attempted escape from arrest, the suit no longer presented a live "case or controversy" entitling appellee to a declaratory judgment as to the constitutionality of Missouri statutes permitting police to use deadly force in apprehending a felon, and hence this Court is unable to consider the merits of the Court of Appeals' holding that such statutes were unconstitutional. Any emotional satisfaction that appellee would obtain from a ruling that his son's death was wrongful is not enough to meet the case or controversy requirement.

547 F.2d 1007, vacated and remanded.

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