161.05 Use of physical force generally.
The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:
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- A parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person may use reasonable physical force upon such minor or incompetent person when and to the extent the person reasonably believes it necessary to maintain discipline or to promote the welfare of the minor or incompetent person.
- Personnel of a public education program, as that term is defined in ORS 339.285, may use reasonable physical force upon a student when and to the extent the application of force is consistent with ORS 339.291
- An authorized official of a jail, prison or correctional facility may use physical force when and to the extent that the official reasonably believes it necessary to maintain order and discipline or as is authorized by law.
- A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under the direction of the person, may use physical force when and to the extent that the person reasonably believes it necessary to maintain order, but the person may use deadly physical force only when the person reasonably believes it necessary to prevent death or serious physical injury.
- A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical self-injury may use physical force upon that person to the extent that the person reasonably believes it necessary to thwart the result.
339.285. Definitions for ORS 339.285 to 339.303.
Definition: Physical restraint means the restriction of a student’s movement by one or more persons holding the student or applying physical pressure upon the student.
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- Physical restraint” does not include the touching or holding of a student without the use of force for the purpose of directing the student or assisting the student in completing a task or activity.
- Physical restraint” does not include prone restraint.
- Prone restraint” means a restraint in which a student is held face down on the floor.
- Serious bodily injury means any significant impairment of the physical condition of a person, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else.
- Physical restraint” does not include the touching or holding of a student without the use of force for the purpose of directing the student or assisting the student in completing a task or activity.
Prohibitions on use of certain restraints; limitations on use of physical restraint and seclusion.
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- The use of a mechanical restraint, chemical restraint or prone restraint on a student in a public education program in this state is prohibited.
- The use of physical restraint or seclusion on a student in a public education program in this state is prohibited unless used as provided in ORS 339.291.
339.291. Use of physical restraint or seclusion. Physical restraint or seclusion may be used on a student in a public education program only if:
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- The student’s behavior imposes a reasonable threat of imminent, serious bodily injury to the student or others; and
- Less restrictive interventions would not be effective.
- Physical restraint or seclusion may not be used for discipline, punishment or convenience of personnel of the public education program.
- If physical restraint or seclusion is used on a student, the physical restraint or seclusion must be:
- Used only for as long as the student’s behavior poses a reasonable threat of imminent, serious bodily injury to the student or others;
- Imposed by personnel of the public education program who are:
- Trained to use physical restraint or seclusion through programs described in ORS 339.300; or
- Otherwise available in the case of an emergency circumstance when personnel described in subparagraph (A) of this paragraph are not immediately available due to the unforeseeable nature of the emergency circumstance; and
- Continuously monitored by personnel of the public education program for the duration of the physical restraint or seclusion.
- In addition to the requirements described in subsection (2) of this section, if physical restraint or seclusion continues for more than 30 minutes:
- The student must be provided with adequate access to the bathroom and water every 30 minutes;
- Personnel of the public education program must immediately attempt to verbally or electronically notify a parent or guardian of the student; and
- Every 15 minutes after the first 30 minutes of the physical restraint or seclusion, an administrator for the public education program must provide written authorization for the continuation of the physical restraint or seclusion, including providing documentation for the reason the physical restraint or seclusion must be continued.
Conflict Alert: Oregon has a legal conflict within in own laws and case law. The standard of intervention for legal use of force in Oregon Statute is imminent harm, whereas the standard of intervention in schools is serious bodily injury. The law in Oregon with respect to the use of restraint and physical force in the classroom is in conflict with itself and with the U.S. Supreme Court which held that teachers and school personnel do not lose their constitutional rights when they walk through the schoolhouse gates. Tinker v. Des Moines.
Below are citations to Oregon’s defense of self, others and property laws that are in direct conflict with the standards enumerated in ORS 339.285 et al.
Use of physical force in defense of self, others and property
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- ORS 161.209. A person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose.
- ORS 161.219. A person is justified in using deadly physical force upon another if a person reasonably believes that the other person is using or about to use unlawful deadly physical force against a person.
- ORS 161.229. Physical force (not deadly force) may be used in defense of property when and to the extent that the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property.
- ORS 161.055. The State has the burden of disproving that a person acted lawfully.
Disclaimer. Nothing in this post is intended to create an attorney client relationship. Nothing written or spoken constitutes legal advice and should not be used as a substitute for obtaining legal advice. There may be additional laws, rules, policies applicable to the use of restraint and force in your state. The above is an overview of information compiled from individual sources that are maintained and
updated with varying frequencies. While we attempt to keep the information current, readers should read the source information directly, go to the source to check for updates or conduct further research. For information and/or legal advice, consult with your attorney or States Attorney General.