Case law

Thomas v. Harder

District Court, D. Oregon · Feb 8, 2023

Qualified Immunity Plaintiff objects that the F&R misapplied qualified immunity. … Plaintiff is not automatically granted leave to amend because, the Court dismisses his claims, among other reasons, based on absolute and qualified immunity.

McKinney v. Benton County

District Court, D. Oregon · Aug 25, 2020

Similarly, plaintiff fails to plead facts required to overcome County employee defendants’ qualified immunity. Qualified immunity protects defendants “from suit” and is not “a mere defense to liability.” Pearson v. … Qualified immunity protects state actors from liability for violating rights that are not clearly established. Id. at 232.

White v. United States Department of Agriculture Forest Service

District Court, D. Oregon · Jul 1, 2021

Forest Service received from Oregon ATV licenses does not qualify as a charge under Oregon’s recreational immunity statute because it is not a fee requested in return for permission to go on or use the land. … Because recreational immunity clearly applies, I find any amendment would be futile. Thus, I DISMISS this case with prejudice.

Johnson v. Wurthman

227 F. Supp. 135 · District Court, D. Oregon · Feb 10, 1964

If anything, this decision emphasizes that the waters of Lake of the Woods do not qualify as navigable waters of the United States. *138 The dredging operation in Tabbs Bay, the source of the injury to the workman in McKie … The 1851 Act was passed to give the same immunity to American shipowners, as that which existed in favor of the English. The Law of Admiralty, Gilmore & Black, p. 664.

Ex parte Kelley

48 F. Supp. 816 · District Court, D. Oregon · Jan 7, 1943

The board members and their paid clerks who have appeared before me in this and another jurisdiction represent a high type of citizenship, and they are entitled to the same immunity from inquiry into their motives and mental … There is nothing in judicial training or experience which would qualify one to pass better judgment in the field of religious interpretation than the boards, carefully selected under the-Act and constituting a cross-section

Olympia Sauna Compania Naviera, S.A. v. United States

604 F. Supp. 1297 · District Court, D. Oregon · Sep 11, 1984

Both the SAA and the PVA are waivers of sovereign immunity in maritime cases, and Olympia’s claim is clearly maritime in nature. 10 Immunity is not necessarily waived in this case, however. … The simplest way of establishing a line of position is to observe range.

Shepard v. City of Portland

829 F. Supp. 2d 940 · District Court, D. Oregon · Oct 31, 2011

In the alternative, defendants argue that they are entitled to qualified immunity, a. … As such, the Court declines to address *969 whether Kahn’s or Johnson’s actions were protected by qualified immunity, ii.

Alvarez v. University of Oregon

District Court, D. Oregon · Jan 6, 2020

was clearly established at the time of the challenged conduct.” … They did not directly address plaintiff's excessive force claim and did not address the second, “clearly established” prong of the qualified immunity analysis. Dawn ta TYDTATICVSN. AWAIT MRED 3.

Norman v. Wellpath, LLC

District Court, D. Oregon · May 13, 2022

Clearly Established Right Even if Norman could prove Dep. Brooks acted with deliberate indifference, Dep. Brooks would be protected by qualified immunity. … Clearly Established Right To defeat qualified immunity, Norman again relies on Clement and its progeny. Oral Arg. Tr. [ECF 191] at 52:25–53:1.

McCune v. Oregon Senior Services Division

643 F. Supp. 1444 · District Court, D. Oregon · Sep 9, 1986

The moving party has the burden of establishing the absence of a genuine issue of material fact. Securities and Exchange Commission v. Murphy, 626 F.2d 633, 640 (9th Cir.1980). … The immunity regulation requires that interpretations be by the Division Administrator, not by an Area Director.

QBE Insurance v. Creston Court Condominium, Inc.

58 F. Supp. 3d 1137 · District Court, D. Oregon · Nov 1, 2014

The plaintiff in the underlying case is required to plead facts that establish the defendant’s liability; the plaintiff often is not required to establish the nature of the defendant’s relationship to some other party or … That is, Crestón Court and the Association argue that Shearer applies only when the insured seeks to admit extrinsic evidence to establish that he or she qualifies as an insured.

Maney v. Brown

District Court, D. Oregon · Feb 8, 2022

“Covered Persons who are afforded liability immunity under [the] Declaration are ‘manufacturers,’ ‘distributors,’ ‘program planners,’ ‘qualified persons,’ and their officials, agents, and employees, as those terms are … Indeed, interpreting the FAD to provide absolute immunity for all COVID-19 vaccine allocation decisions, even if the decision clearly violates the U.S.

Bong

District Court, D. Oregon · Mar 18, 2026

immunity, because her rights were not ‘“clearly established’ at the time of the challenged conduct.” … (California governor’s “stay-at-home order did not violate clearly established law” because “[i]n March 2020, Jacobson v.

Clemens v. United States

295 F. Supp. 1339 · District Court, D. Oregon · Sep 30, 1968

The instructions included a provision 3 which clearly indicated *1341 that the “fall of the hammer” would not create a present interest in the highest bidder, but that he would be awarded the contract if he was qualified … qualified, responsible, and willing- to accept the contract.” .

Harvey

District Court, D. Oregon · Apr 21, 2026

Thus, a court may dismiss a claim as frivolous where it is based on an “indisputably meritless legal theory” or where the factual contentions are “clearly baseless.” Id. at 327. … To qualify for judicial immunity, a judge must have performed “judicial acts” within the scope of his or her jurisdiction. Stump v. Sparkman, 435 U.S. 349, 356– 57 (1978).

In re Ah Lee

5 F. 899 · District Court, D. Oregon · Apr 19, 1880

They are: ‘ No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process … They then mean a course of legal proceedings according to those rulos and principles which have been established in our jurisprudence for the protection and enforcement of private rights.

Rice v. Comtek Manufacturing of Oregon, Inc.

766 F. Supp. 1550 · District Court, D. Oregon · Nov 12, 1990

Innuendo, however, cannot “establish a new charge or enlarge or charge the previous words.” Marr v. Putnam, 196 Or. 1, 23 , 246 P.2d 509 (1952). … Plaintiff’s Response Plaintiff contends defendants must plead the qualified privilege as a qualified defense.

Mayfield v. United States

504 F. Supp. 2d 1023 · District Court, D. Oregon · Sep 26, 2007

Massey’s motion to dismiss based on qualified immunity, or lack of personal jurisdiction, or in the alternative for summary judgment was denied; (2) defendants Werder’s, Green’s and Wieners’ motion to dismiss or alternative … motion for summary judgment based on qualified immunity, lack of personal jurisdiction, failure to state a claim or alternatively, for summary judgment was denied; and (3) defendants DOJ’s and FBI’s motion to dismiss counts

Donahue

District Court, D. Oregon · Apr 20, 2026

First, his claims are barred by judicial immunity. … Because Kramer is clearly entitled to quasi-judicial immunity, Plaintiff fails to state a claim and this action must be dismissed with prejudice.

Pacific Power & Light Co. v. Duncan

499 F. Supp. 672 · District Court, D. Oregon · Oct 21, 1980

Although the government may waive its sovereign immunity from contract claims, it has not done so here. See Lee v. … The government acknowledges that judicial review of administrative actions is the rule, and that nonreviewability is an exception that must be clearly demonstrated.