Carson v. Pape

The trial court instructed the jury that:

“If you find that the arrest of the plaintiff by these defendants was not a false arrest, then that will end your consideration of the case and you will return a verdict of no cause of action in favor of the defendants.”

Appellant contends that this instruction was erroneous because a jury issue with respect to excessive force in making the arrest was presented by the pleadings and testimony. Thus, even though the officers were privileged to arrest appellant, if they used excessive force in effecting the arrest he would be entitled to damages.…