California, United States of America
The following excerpt is from Huber v. City of Stockton, C086700 (Cal. App. 2019):
" 'A battery is any intentional, unlawful and harmful contact by one person with the person of another.' " (Fluharty v. Fluharty (1997) 59 Cal.App.4th 484, 497.) "The essential elements of a cause of action for battery are: (1) defendant touched plaintiff, or caused plaintiff to be touched, with the intent to harm or offend plaintiff; (2) plaintiff did not consent to the touching; (3) plaintiff was harmed or offended by defendant's conduct; and (4) a reasonable person in plaintiff's position would have been offended by the touching." (So v. Shin, supra, 212 Cal.App.4th at p. 669; see also CACI No. 1300.) A plaintiff alleging a battery cause of action against a police officer must also plead and prove that the officer used unreasonable force in making a lawful arrest or detention, and
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