What is the test for the doctrine of excessive force in a civil case?

Generally, a trial court has a sua sponte duty to instruct a jury on a defense if the defendant is relying on it, or when there is substantial evidence to support it and the instruction is not inconsistent with the defense theory. (See People v. Olguin (1981) 119 Cal.App.3d 39, 46 (Olguin).) "In determining the adequacy of jury instructions, we consider the entire charge of the court and assume jurors are intelligent people capable of understanding and correlating all the instructions given. [Citation.] An instruction is considered flawed only if there is '"a reasonable likelihood that the jury misconstrued or misapplied the words" of the instruction. [Citation.]'" (People v. King (2010) 183 Cal.App.4th 1281, 1316.)

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1. Excessive force

The crime of attempting to deter an executive officer from the performance of his or her duties through force or violence "requires that the officer be engaged in the lawful performance of his duties." (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543.) An officer who uses excessive force is not lawfully performing his or her duties. (People v. Jenkins (2000) 22 Cal.4th 900, 1020.)