Walk It Through: The Takedown
Force reasonably believed necessary, deadly force only in listed cases, and ninety days' notice of claim.
An officer stops a delivery driver who matches the description in a robbery call, and the driver pulls away from the officer's grip.
Two things a person in this spot might do. Picking one shows what the law says about it.
One stop and one driver. Federal claims, immunities, and the strangulation offense in detail are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Notice of claimThe notice served within ninety days after a claim arises before suing a public corporation or its officers or employees in tort.
- Physical injuryImpairment of physical condition or substantial pain, the harm assault in the third degree turns on.
- Resisting arrestIntentionally preventing, or trying to prevent, a police officer or peace officer from making an authorized arrest of oneself or someone else. A class A misdemeanor.