If I’m a victim of vandalism and detain the suspect at the scene in an attempt at an untrained citizen’s arrest, am I liable in any way to the suspect in the way of excessive force?

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If I’m a victim of vandalism and detain the suspect at the scene in an attempt at an untrained citizen’s arrest, am I liable in any way to the suspect in the way of excessive force?

Asked on July 8, 2017 under Personal Injury, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, if you use excessive force to restain him or her, you may:
1) Be sued by him or her for any injuries you cause--medical bills, "pain and suffering", etc.
2) You could face charges for assault. 
Don't do this--the potential downside to you is worse than the "gain" from having the malefactor arrested. Use your phone to call the police and take his/her picture for them. Let the professionals handle the arrest.


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