City of Birmingham v. Thompson

I cannot agree that a battery may be a negligent tort

The majority holds that an officer using excessive force against a prisoner has committed a negligent tort. I believe, however, that the majority's ruling is not sustained by the authorities. A battery is an intentional and nonconsensual touching of another, W. Prosser, Handbook of the Law of Torts § 9 (4th ed. 1971), or the touching by one person of the person of another in rudeness or anger. Wilson v. Orr, 210 Ala. 93,97 So. 133 (1923). Although a police officer is privileged to use that force the officer reasonably believes necessary to…