When Force Is Used
18 Pa.C.S. 508 — the force believed necessary to arrest, and deadly force only in narrower cases
Pennsylvania's rule for police force in an arrest is section 508 of the Crimes Code. A peace officer need not retreat or desist from a lawful arrest because of resistance or threatened resistance, and is justified in using any force the officer believes necessary to effect the arrest, and any force the officer believes necessary to defend the officer or another from bodily harm while making it.
Deadly force is justified only in narrower cases. A peace officer is justified in using deadly force only when the officer believes it is necessary to prevent death or serious bodily injury to the officer or another person, or when the officer believes both that it is necessary to prevent the arrest from being defeated by resistance or escape, and that the person has committed or attempted a forcible felony, or is attempting to escape and possesses a deadly weapon, or otherwise indicates that he will endanger human life or inflict serious bodily injury unless arrested without delay.
- An officer making an arrest under an invalid warrant is justified in the same force as if it were valid, unless the officer knows it is invalid.
- A private person making a lawful arrest is justified in deadly force only when believed necessary to prevent death or serious bodily injury.
- An officer with a person in custody may use the force to prevent escape that would be justified in arresting that person, and deadly force believed necessary to prevent an escape from a correctional institution.
A claim against a government unit starts with a written statement within six months. Within six months from the date of an injury, a person about to bring a civil action against a government unit for damages for injury to the person files a signed written statement in the government unit's office, and also with the Attorney General when the action is against a Commonwealth agency. If it is not filed, an action begun more than six months after the injury is dismissed, unless the court excuses the failure on a showing of reasonable excuse. Separately, an action for assault, battery, false arrest or injuries to the person caused by unlawful violence must be commenced within two years.
This is the statute, not an assessment. Whether any particular use of force was justified, whether the notice rule reaches a given claim, whether a federal claim exists beside the state one, and what immunities apply turn on facts and on case law these sections do not contain. A licensed Pennsylvania attorney, early rather than late, is who answers them.
Sources for this section (3)
- 18 Pa.C.S. 508 — Use of force in law enforcement
- 42 Pa.C.S. 5522 — Six months limitation; notice prerequisite to action against government unit
- 42 Pa.C.S. 5524 — Two year limitation
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.