M Civ JI 115.09 Battery - Defense - Use of Force by Law Enforcement Officer in Lawful Arrest

If a person has knowledge, or by the exercise of reasonable care should have knowledge, that he or she is being lawfully arrested by a law enforcement officer, it is the duty of that person to refrain from resisting the arrest.

An arresting officer may use such force as is reasonably necessary to effect a lawful arrest. However, an officer who uses more force than is reasonably necessary to effect a lawful arrest commits a battery upon the person arrested to the extent the force used was excessive.

Comment

See Delude v Raasakka, 391 Mich 296; 215 NW2d 685 (1974); Firestone v Rice, 71 Mich 377; 38 NW 885 (1888).

History

M Civ JI 115.09 was added September 1982.