Unruh v. City of Wichita

Summary

The court held that the plaintiff's claim arising from officers' intentional use of force during a lawful arrest was a civil battery claim, not negligence, because he identified no separate legally recognized duty independent of the force itself. The battery claim was subject to the one-year statute of limitations and was therefore time-barred, supporting summary judgment for the defendants. The court also disapproved language suggesting that any affirmative act by a police officer automatically creates a special duty.