• 1985 - Justification (Use of Force by Persons Responsible for Care and Supervision of an Incompetent Person)
  • K-3.62
    • Capacity
    • Defenses
    • Defenses
    • Force
    • Incompetent Person
    • Justification
    • Mental Disease Or Defect
    • Vulnerable Adult
  • A [guardian or other person responsible for the care and supervision of an incompetent person] [person acting at the direction of the guardian or responsible person] may use reasonable force upon the incompetent person for the purpose of safeguarding or promoting the incompetent person's welfare, including the prevention of the incompetent person's misconduct [or, if the incompetent person is in a hospital or other institution for care and custody, for the purpose of maintaining reasonable discipline in the institution].

     

    A person responsible for the care and supervision of an incompetent person is not justified in using more force than is necessary under the circumstances, and the force used must not create a substantial risk of death, serious bodily injury, disfigurement, or gross degradation.

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    • 12.1-05-05(2)
    • 12.1-05-12(1)
    • State ex rel. ND Workmen’s Compensation Board v. Great N. Ry. Co., 209 NW 853 (ND 1926)
    • Zeis v. Great N. Ry. Co., 236 NW 916 (ND 1931)
  • Notes: (2005 - reviewed with no changes)