When Force Is Used
Graham v. Connor — objective reasonableness, and what Michigan law adds after
Michigan has not written its own standard for police force in an arrest into statute, as Washington, California and Virginia have. The rule that governs comes from the United States Supreme Court. Force used during a stop or an arrest is a seizure, and Graham v. Connor holds that it is judged by objective reasonableness: from the perspective of a reasonable officer on the scene, rather than with the hindsight of what came out later.
- The severity of the crime at issue.
- Whether the person posed an immediate threat to the safety of the officers or others.
- Whether the person was actively resisting arrest or attempting to evade arrest by flight.
- The calculus allows for the fact that officers are often forced to make split second judgments in circumstances that are tense, uncertain and rapidly evolving.
Deadly force has its own rule and it is narrower. Tennessee v. Garner holds that using deadly force to stop a fleeing suspect is unreasonable unless the officer has probable cause to believe the person poses a significant threat of death or serious physical injury to the officer or others. Fleeing, by itself, is not that threat.
Michigan's immunity statute leaves intentional torts where they were. Under section 691.1407, an officer or employee of a governmental agency is immune from tort liability for an injury caused in the course of employment if the officer is acting, or reasonably believes he or she is acting, within the scope of his or her authority, the agency is exercising a governmental function, and the conduct does not amount to gross negligence that is the proximate cause of the injury. The same section says that this does not alter the law of intentional torts as it existed before July 7, 1986.
The deadlines are short, and shorter for assault and battery. The period of limitations is 2 years for an action charging assault, battery, or false imprisonment, and 3 years for most other actions for injury to a person. A claim against the state itself has its own rule: for personal injuries, a written claim or notice of intention to file one is filed with the clerk of the court of claims within 6 months after the event.
This is the framework, not an assessment. Whether any particular use of force was reasonable, whether an immunity applies, which defendants a claim can name, whether a federal civil rights claim exists beside the state one, and which deadline governs turn on facts and on precedent that moves. A licensed Michigan attorney, early rather than late, is who answers them.
Sources for this section (5)
- Graham v. Connor, 490 U.S. 386 (1989) — Force during a seizure is judged by objective reasonableness from the officer's perspective at the time
- Tennessee v. Garner, 471 U.S. 1 (1985) — Deadly force against a fleeing suspect is unreasonable absent probable cause of a significant threat of death or serious injury
- MCL 691.1407 — Immunity from tort liability; intentional torts
- MCL 600.5805 — Injuries to persons or property; period of limitations
- MCL 600.6431 — Court of claims; notice of intention to file claim
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.