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The Use Of Force For Purposes Of State Law Battery Claim

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The shooting was excessive use of force for purposes of state law battery claim.

Under the California Penal Code, a peace officer who makes, or attempts to make, an arrest need not retreat or desist from his efforts because of resistance of the person being arrested. That officer will not be deemed an aggressor or lose his right to self-defense by use of reasonable force to prevent escape or overcome resistance. Cal. Penal Code § 835a (West 2015). Here, the court will probably find that Mr. Templeton used excessive, unreasonable force because decedent was not under arrest and possessed no weapons that threatened great bodily injury or death.

A. The Plaintiff must prove unreasonable force was used to make a prima facie showing of battery.

The Plaintiff must prove unreasonable force was used. Edson v. City of Anaheim, 63 Cal. App. 4th 1269, 1272 (1998). The Plaintiff must show that the Defendant acted unreasonably in using deadly force. Id. A police officer may use reasonable force to make an arrest, prevent escape or overcome resistance. Id. The officer’s use of deadly force is reasonable if the officer has probable cause to believe the suspect poses a significant threat of death or serious injury to him or others. Brown v. Ransweiler, 171 Cal. App. 4th 516, 525 (2009). The standard jury instruction for a police battery recognizes that a peace officer who uses unreasonable or excessive force in making a detention commits a battery upon the person being detained. Id. at
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