City of Klamath Falls v. Winters

This is a criminal case involving two defendants, Thomas Winters and his sister, Elena Winters. Both defendants were charged and convicted in the Klamath Falls Municipal Court of disorderly conduct. Thomas Winters was further charged and convicted of resisting arrest. Both charges were based upon violations of Klamath Falls municipal ordinances.1

Defendants appealed to circuit court where their case was tried de novo pursuant to ORS 221.390.2 Both defendants requested that the jury be instructed that the defendants had a right to resist the use of excessive force by police officers in making…