State v. Wright

We allowed the state’s petition for review of this case to consider whether and to what extent a person being arrested has justification to oppose the use of excessive force by a peace officer in accomplishing the arrest. We hold that, if a peace officer uses excessive force in making an arrest, the arrestee may use only such physical force as is reasonably necessary under the circumstances to defend himself or herself against the excessive force being using against him or her.

Defendant was charged with assaulting a public safety officer, ORS 163.208, and resisting arrest, ORS 162.315(1). He…