Use of ForceQuestion 62 of 200

Once an arrestee is fully restrained (e.g., handcuffed and seated, no longer resisting), further use of force by the guard is:

a.Generally NOT permitted — additional force becomes excessive and may constitute battery (§242) or assault (§240)
b.Permitted as 'pain compliance' — a brief application of pain to reinforce the guard's control over the situation and the subject
c.Required as a deterrent against future resistance, so that the subject learns not to resist a guard on a later occasion
d.Permitted at the guard's own discretion until police arrive, since the guard remains responsible for the subject until officers take over

Explanation

The reasonableness analysis under §835 and Graham v. Connor terminates at the point necessary force ends. Once a person is fully restrained and not resisting, additional force is not 'necessary' and therefore unreasonable, exposing the guard to criminal charges (PC §§240, 242) and civil liability. 'Pain compliance' (b), deterrence (c), and discretionary force (d) all describe punitive uses that the law treats as battery. Maintain reasonable hold, monitor for safety, and await police.

Law Reference: Cal. Penal Code §835; objective reasonableness; Graham v. Connor

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