In what circumstances can a police officer use excessive force to make an arrest?

California, United States of America


The following excerpt is from People v. Mancilla, B252532 (Cal. App. 2014):

In the context of civil actions arising under federal civil rights (42 U.S.C. 1983) or state tort law, an officer may use reasonable force to make an arrest, prevent escape, or overcome resistance, and need not relent in the face of resistance. (Munoz v. City of Union City (2004) 120 Cal.App.4th 1077, 1102 [wrongful death action claiming police used excessive force], disapproved on another ground by Hayes v. County of San Diego (2013) 57 Cal.4th 622, 639, fn. 1.) Police officers act under color of law to protect the public interest and are charged with acting affirmatively and using force as part of their duties. (Id. at p. 1109.) Because a police officer is exercising the privilege of protecting the public peace and order, he is allowed to use greater force than might be considered sufficient for self-defense. (Ibid.)

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