Jury May Decide What Was Excessive Force.

Plaintiff sued city and two police officers for using excessive force when they arrested him. The trial court granted a nonsuit, finding he could not prevail without expert testimony regarding “what force a reasonable law enforcement officer would have used under the same or similar circumstances.” The Court of Appeal reversed, stating “there is nothing about the particular use of force in this case that was so far removed from the comprehension of a lay jury as to necessitate expert opinion testimony.”  Allgoewer v. City of Tracy (Cal. App. Third Dist.; July 5, 2012) (Case No. C067636).