In 2012, a police officer in Springfield was convicted criminally based upon actions taken during the course of an arrest. Following the conviction, the officer retained RJA to pursue an appeal on his behalf. In the brief filed with the Massachusetts Appeals Court, RJA argued that the trial judge did not instruct the jury properly on the applicable law, as she failed to provide guidance on a police officer’s ability and, at times, obligation to use force in discharging official duties. After briefs were filed, the Supreme Judicial Court, on its own initiative, took the case from the Appeals Court and, more recently, announced that it was seeking amicus, or friend of the court, briefs on the following question of law:
Whether the defendant, a police officer charged with assault and battery stemming from his use of force in the performance of official duties, was entitled to a jury instruction regarding the so-called police privilege, including a description of when an officer is entitled to use reasonable and necessary force in the performance of duties.
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