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STATE v. WRIGHT

TC 89NB0014; CA A60450; SC S36960.

799 P.2d 642 (1990)

310 Or. 430

STATE of Oregon, Petitioner On Review, v. Jeffrey Kent WRIGHT, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided October 25, 1990.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause, for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Nick Nylander, North Bend, argued the cause, for respondent on review.

VAN HOOMISSEN, Justice.

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...

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