Real examples of applying PC 9.31(c)

[extremist]

Are there ever legal justifications to resisting arrest?
Texas Penal Code 9.31(c) provides two instances in which the use of force to resist an arrest or search is justified:

First, if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search then the use of force is justified.
Second, when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer’s (or other person’s) use or attempted use of greater force than necessary, the resistance is justified.

Actual PC 9.31(c) cite:
(c) The use of force to resist an arrest or search is justified:

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

Any real examples of this being utilized in the defense?

Discuss ....

[Charles L. Cotton]

I don't personally know of any instances, but I want to point out that TPC§9.31(c) sets out two elements that must be present for the defense. It's not two separate different potential defenses.

Chas.

[ET-Ret]

I do not know what this was defended under as it is old.
I remember a Dallas Policeman who said you could never point a gun at a policeman.
In Oak Cliff side of Dallas a bystander shot and killed a Dallas police man who had gone beserk.
I think it was listed as The state of Texas vs Pigg. Charles will have no problem finding the details so in Rare
cases it can be done.
I have [Pre-paid legal service] and would have more but I do not think they work togeather.
ET-ret

[threoh8]

Re the Pigg/Blair/Tillis case, I found these. From "D" magazine in 1987, for what that's worth:
https://www.dmagazine.com/publications/ ... -killings/
https://www.dmagazine.com/publications/ ... -off-base/