CACI No. 440

Officer in Arrest or Other Seizure—Essential Factual Elements

A law enforcement officer may use reasonable force to [arrest/detain/

[,/or] prevent escape of/ [,/or] overcome resistance by] a person when the

officer has reasonable cause to believe that that person has committed or

is committing a crime. However, the officer may use only that degree of

force necessary to [arrest/detain/ [,/or] prevent escape of/ [,/or] overcome

resistance by] the person. [Even if the officer is mistaken, a person being

arrested or detained has a duty not to use force to resist the officer

unless the officer is using unreasonable force.].

[Name of plaintiff] claims that [name of defendant] was negligent in using

unreasonable force to [arrest/detain/ [,/or] prevent escape of/ overcome

resistance by] [him/her/ nonbinary pronoun]. To establish this claim, [name

of plaintiff] must prove all of the following:

1. That [name of defendant] used force to [arrest/detain/ [,/or]

prevent escape of/ [,/or] overcome resistance by] [name of

plaintiff];

2. That the amount of force used by [name of defendant] was

unreasonable;

3. That [name of plaintiff] was harmed; and

4. That [name of defendant]’s use of unreasonable force was a

substantial factor in causing [name of plaintiff]’s harm.

In deciding whether [name of defendant] used unreasonable force, you

must consider the totality of the circumstances to determine what

amount of force a reasonable [insert type of offıcer] in [name of

defendant]’s position would have used under the same or similar

circumstances. “Totality of the circumstances” means all facts known to

the officer at the time, including the conduct of [name of defendant] and

[name of plaintiff] leading up to the use of force. Among the factors to be

considered are the following:

(a) Whether [name of plaintiff] reasonably appeared to pose an

immediate threat to the safety of [name of defendant] or others;

(b) The seriousness of the crime at issue; [and]

(c) Whether [name of plaintiff] was actively resisting [arrest/detention]

or attempting to avoid [arrest/detention] by flight[; and/.]

[(d) [Name of defendant]’s tactical conduct and decisions before using

force on [name of plaintiff].]

[An officer who makes or attempts to make an arrest does not have to

retreat or stop because the person being arrested is resisting or

threatening to resist. Tactical repositioning or other deescalation tactics

are not retreat. An officer does not lose the right to self-defense by using

objectively reasonable force to [arrest/detain/ [,/or] prevent escape of/

[,/or] overcome resistance by] the person.]

New June 2016; Revised May 2020, November 2020, May 2021