Can a police officer use excessive force against an ordinary citizen?

California, United States of America


The following excerpt is from People v. Williams, 46 Cal.App.4th 1767, 54 Cal.Rptr.2d 521 (Cal. App. 1996):

There was no abuse of discretion. Law enforcement officers and ordinary citizens are not similarly situated in terms of the lawful use of force. With few exceptions not applicable here, citizens may not lawfully use force against other persons. In contrast, law enforcement officers are permitted the use of force in the course of their duties and are only prohibited from using excessive force. ( 835a.) "A comparison of the number of prosecutions brought would tell us nothing about how many should have been brought against the respective members of those unlike classes." (Robinson v. Superior Court (1978) 76 Cal.App.3d 968, 983, 143 Cal.Rptr. 328.)

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