Section 2.22 Ejection of Trespasser
| Library | Tort Law 2016 |
D. (§2.22) Ejection of Trespasser
Ejection of a trespasser can be an affirmative defense to a claim of assault and battery. A person "who is lawfully in charge of premises, and has [rightfully] requested another to leave . . . may lawfully use as much force as is necessary to remove such other [person]." Billings v. Stanley, 759 S.W.2d 277, 279 (Mo. App. W.D. 1988) (quoting 6A C.J.S. Assault and Battery § 94, p. 487 (1975)). Whether the trespasser was asked to leave before being forcibly ejected goes to the issue of what was reasonable...
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