21-5227.
Law enforcement officer making arrest.
(a) A law enforcement officer, or any person whom such officer has summoned or directed to assist in making a lawful arrest, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. Such officer is justified in the use of any force which such officer reasonably believes to be necessary to effect the arrest and the use of any force which such officer reasonably believes to be necessary to defend the officer's self or another from bodily harm while making the arrest. However, such officer is justified in using deadly force only when such officer reasonably believes that such force is necessary to prevent death or great bodily harm to such officer or another person, or when such officer reasonably believes that such force is necessary to prevent the arrest from being defeated by resistance or escape and such officer has probable cause to believe that the person to be arrested has committed or attempted to commit a felony involving death or great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that such person will endanger human life or inflict great bodily harm unless arrested without delay.
(b) A law enforcement officer making an arrest pursuant to an invalid warrant is justified in the use of any force which such officer would be justified in using if the warrant were valid, unless such officer knows that the warrant is invalid.
History:
L. 2010, ch 136, § 25; L. 2011, ch. 30, § 11; July 1.
Notes of Decisions
Cited in
12
cases (
7 in the last 5 years), 2014–2024 · leading case:
Youngblood v. Qualls, 308 F. Supp. 3d 1184 (D. Kan. 2018).
Youngblood v. Qualls, 308 F. Supp. 3d 1184 (D. Kan. 2018).
· cites it 8× “Plaintiff also points to K.S.A. § 21-5227 (formerly K.S.A. § 21-3215(1) ) to support his state-law constitutional claims.”
Unruh v. City of Wichita, 540 P.3d 1002 (Kan. 2024).
· cites it 2× “K.S.A. 2022 Supp. 21-5227(a) declares a police officer is justified in using any force, short of deadly force, the officer reasonably believes necessary to effect an arrest or defend oneself or another officer from bodily harm while making an arrest.”
Est. of Randolph v. City of Wichita, 459 P.3d 802 (Kan. Ct. App. 2020).
“K.S.A. 2018 Supp. 21-5227. But the facts on summary judgment do not show that Snyder sought to arrest Randolph.”
Simpson v. State of Kansas, 593 F. App'x 790 (10th Cir. 2014).
“See Kan. Stat. Ann. § 21-5227 (a) (“[An] officer is justified in the use of any force which such officer reasonably believes to be necessary to effect the arrest and the use of any force which such officer reasonably believes to be necessary to defend the officer’s self or…”
Tran v. Douglas Cnty., Kansas (D. Kan. 2023).
· cites it 12× “75-6104(e) and (n), he cannot be held liable for common law battery and malicious prosecution; (2) under K.S.A. § 21-5227(a), he cannot be held liable for battery; and (3) plaintiff cannot satisfy the elements of either claim.”
Arnold v. Olathe, Kansas, City of (D. Kan. 2019).
· cites it 7× “Assault and Battery – Against Defendants Sweany, Mellick, Mills, Denton, Miller, and Chaulk Defendants initially made three arguments for dismissal of the assault and battery claims: that plaintiff lacks standing; that the claims are barred by the statute of limitations; and…”
Washington v. Wichita, Kansas, City of (D. Kan. 2022).
· cites it 4× “(quoting Kan. Stat. Ann. § 21-5227 (a)). Again, the court already has concluded that a reasonable jury could believe Officer Kreifels unreasonably used deadly force against plaintiff.”
State v. Boldridge (Kan. Ct. App. 2021).
· cites it 2× “Accordingly, Boldridge asserts the circumstances did not give rise to legally sufficient provocation for the jury to find he acted in the heat of passion because a reasonable person would not have unlawfully resisted an officer's lawful use of force in making an arrest by…”
Lewis v. City of Lawrence, Kansas (D. Kan. 2020).
· cites it 2× “K.S.A. § 21-5227(a). This statutory provision does not provide protection from liability for an officer’s unreasonable use of force.”
Arnold v. Olathe, Kansas, City of (D. Kan. 2021).
· cites it 2× “In response, Defendants point to K.S.A. § 21-5227(a). That statute states: A law enforcement officer, or any person whom such officer has summoned or directed to assist in making a lawful arrest, need not retreat or desist from efforts to make a lawful arrest because of…”
Askew v. USP Leavenworth (D. Kan. 2023).
· cites it 2× “§ 21-5227. As long as the force is reasonable, law enforcement officers may not be held civilly liable for their use of force.”
Askew v. United States (10th Cir. 2024).
“Kan. Stat. Ann. § 21-5227 (a). The statute provides a defense to officers in a civil lawsuit.”
— K.S.A. § 21-5227(a) — 7 cases
Youngblood v. Qualls, 308 F. Supp. 3d 1184 (D. Kan. 2018).
“Plaintiff also points to K.S.A. § 21-5227 (formerly K.S.A. § 21-3215(1) ) to support his state-law constitutional claims.”
Unruh v. City of Wichita, 540 P.3d 1002 (Kan. 2024).
“K.S.A. 2022 Supp. 21-5227(a) declares a police officer is justified in using any force, short of deadly force, the officer reasonably believes necessary to effect an arrest or defend oneself or another officer from bodily harm while making an arrest.”
Tran v. Douglas Cnty., Kansas (D. Kan. 2023).
“75-6104(e) and (n), he cannot be held liable for common law battery and malicious prosecution; (2) under K.S.A. § 21-5227(a), he cannot be held liable for battery; and (3) plaintiff cannot satisfy the elements of either claim.”
Arnold v. Olathe, Kansas, City of (D. Kan. 2019).
“Assault and Battery – Against Defendants Sweany, Mellick, Mills, Denton, Miller, and Chaulk Defendants initially made three arguments for dismissal of the assault and battery claims: that plaintiff lacks standing; that the claims are barred by the statute of limitations; and…”
State v. Boldridge (Kan. Ct. App. 2021).
“Accordingly, Boldridge asserts the circumstances did not give rise to legally sufficient provocation for the jury to find he acted in the heat of passion because a reasonable person would not have unlawfully resisted an officer's lawful use of force in making an arrest by…”
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