Can a police officer be found not "engaged in the performance of her duties" if they use excessive force in making an arrest?
California, United States of America
The following excerpt is from People v. Howard, D068181 (Cal. App. 2016):
People v. Delahoussaye (1989) 213 Cal.App.3d 1, 7 ["A peace officer is not 'engaged in the performance of his or her duties' . . . if he arrests a person unlawfully or uses excessive force in making the arrest"].)
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