Excessive Use of Force

Excessive Use of Force

 

What is the standard for excessive use of force in the State of Oregon? Oregon Revised Statute 161.235, outlines that a peace officer is justified in using physical force only to (1) To make an arrest or to prevent the escape from custody of an arrested person unless the peace officer knows that the arrest is unlawful; or (2) For self-defense or to defend a third person from what the peace officer reasonably believes to be the use or imminent use of physical force while making or attempting to make an arrest or while preventing or attempting to prevent an escape.

What is the Federal standard for excessive use of force? Officers have a duty to only use a level of force that other objectively reasonable officers would apply under the given set of circumstances under the Fourth Amendment to the United States Constitution pursuant to 42 U.S.C. §1983.

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