WI · jury_instructions
Wis JI-Civil 2006.3
Battery: excessive force in arrest
Question asks you to determine whether (defendant) used excessive force in
arresting (plaintiff). It is admitted that (defendant) made contact with (plaintiff) and used
force at the time of making the arrest, which force, if not reasonable under the
circumstances, would constitute a battery.
As a law enforcement officer, (defendant) had the duty to enforce the laws of
Wisconsin and in making an arrest may use reasonable force to overcome the resistance of
the person being arrested. This force, however, must not be excessive; that is, the officer
must not use more force than is reasonably necessary under all of the circumstances.
The fact that the evidence in this case shows physical contact between (defendant) and
(plaintiff), which resulted in injury to (plaintiff), is not proof that (defendant) used
excessive force.
(Defendant) had the lawful authority to use such force in making the arrest as a
reasonable police officer would believe to be necessary. But the use of force beyond that
which a reasonable police officer would believe necessary under all the circumstances then
existing is excessive force.
The fact that (defendant) believed (plaintiff) was guilty of a crime is irrelevant. Persons
being arrested have a right not to be mistreated by the use of excessive force.
[Give middle burden instruction, Wis JI-Civil 205.]
History
Wis JI-Civil 2006.3 (11/2025). Release No. 59. Wisconsin Court System, 11/2025. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e65de4c22f12e7ef020b2ac903b6bb185eb52bc3bdff769ff1aa271aa037fd22
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