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Oregon Revised Statutes

Or. Rev. Stat. § 133.315 (2026)

Liability of peace officer making arrest

✓ current as of May 2026
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      133.315 Liability of peace officer making arrest. (1) No peace officer shall be held criminally or civilly liable for making an arrest pursuant to ORS 133.055 (2) or 133.310 (3) or (5) provided the peace officer acts in good faith and without malice.

      (2) No peace officer shall be criminally or civilly liable for any arrest made under ORS 133.310 (4) if the officer reasonably believes that:

      (a) A physical or electronic document or other writing supplied to the officer under ORS 133.310 (4) is an accurate copy of a foreign restraining order as defined by ORS 24.190 and is the most recent order in effect between the parties; and

      (b) The person restrained by the order has been personally served with a copy of the order or has actual notice of the order. [1977 c.845 §9; subsection (2) enacted as 1991 c.222 §3; 1999 c.250 §3; 2021 c.326 §4]

 

      Note: 133.315 (2) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1983–2025 · leading case: Mouktabis v. Oregon City Police Dept., 563 P.3d 1003 (Or. Ct. App. 2025).
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Mouktabis v. Oregon City Police Dept., 563 P.3d 1003 (Or. Ct. App. 2025). · cites it 8× “1 Defendants filed a motion for summary judgment against all of plaintiff’s claims, arguing that the police were immune from liability under ORS 133.315, which grants police officers immunity—“provided the peace officer acts in good faith and without malice”—for arrests made…”
Nearing v. Weaver, 670 P.2d 137 (Or. 1983). · cites it 2× “Defendants also claim immunity by virtue of ORS 133.315, which provides that "[n]o peace officer shall be held criminally *143 or civilly liable for making an arrest pursuant to ORS 133.”
Doyle v. City of Medford, 337 P.3d 797 (Or. 2014). · cites it 2× “310(3), did not expressly create a right of action, such a right was implied by the grant of immunity from civil liability to police officers under ORS 133.315 for arrests made in good faith and without malice pursuant to ORS 133.”
Roy v. City of Everett, 823 P.2d 1084 (Wash. 1992). · cites it 2× “845, § 9; Or. Rev. Stat. § 133.315 . The immunity provision of our domestic violence *371 act, enacted 2 years after Oregon's law, employs broader language: It immunizes "an arrest .”
Kerr-Daly v. City of Eugene (D. Or. 2025). “ORS 133.315(1). Similarly, the Oregon Tort Claims Act grants immunity from civil liability for an officer’s mistaken decision to make an arrest unless the officer acted “in bad faith or with malice.”
Doyle v. City of Medford (Or. 2014). “310(3), did not expressly create a right of action, such a right was implied by the grant of immunity from civil liability to police officers under ORS 133.315 for arrests made in good faith and without malice pursuant to ORS 133.”
Doyle v. City of Medford (Or. 2014). “310(3), did not expressly create a right of action, such a right was implied by the grant of immunity from civil liability to police officers under ORS 133.315 for arrests made in good faith and without malice pursuant to ORS 133.”
— Or. Rev. Stat. § 133.315(1) — 1 case
Kerr-Daly v. City of Eugene (D. Or. 2025). “ORS 133.315(1). Similarly, the Oregon Tort Claims Act grants immunity from civil liability for an officer’s mistaken decision to make an arrest unless the officer acted “in bad faith or with malice.”
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