DE · jury_instructions
Del. P.J.I. Civ. § 13.4
Assault and Battery – Use of Force in Lawful Arrest
USE OF FORCE IN LAWFUL ARREST
A citizen has a duty to cooperate with the directions of a peace officer
attempting to make a lawful arrest. If resisted, the officer may use such force as is
reasonably necessary to make the arrest. If you find that [name of officer] used
excessive and unnecessary force to make the arrest of [plaintiff’s name], then you
must return a verdict for [plaintiff’s name]. If you find that [name of officer] used
reasonable and necessary force to make the arrest of [plaintiff’s name], then you
must return a verdict for [name of officer].
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
3e3ecbedef77624636fb5594c2b91188223c0d8e9b5fd643ec5c64c55263d893
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