A police officer's use of force.

Practice point: Under a theory of respondeat superior, a municipality may be vicariously liable for a common-law assault, premised upon an assault by a police officer.

Student note:  An officer executing a search warrant is privileged to use reasonable force to effectuate the detention of the occupants of the place to be searched. The reasonableness of the use of force should be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.

Case: Linson v. City of New York, NY Slip Op 06193 (2d Dept. 2012).

Here is the decision.

Monday’s issue: Enforcing a forum selection clause.