Case law

Dove

District Court, D. Oregon · Feb 23, 2026

Qualified Immunity Harris and Roberts also argue that they are entitled to qualified immunity. … Qualified immunity “is an immunity from suit rather than a mere defense from liability,” and therefore should be evaluated as early as possible. See Mitchell v.

Miller, Anderson, Nash, Yerke & Wiener v. United States Department of Energy

499 F. Supp. 767 · District Court, D. Oregon · Jun 17, 1980

After considering relevant case law, I conclude that the memorandum at issue falls within the established definition of “privileged” and within the established definition of “confidential”. *771 I find that the document is … It is uncontested that the document is a legal memorandum prepared by PGE’s attorney and communicated to an agent of PGE; therefore, at least initially, the document was clearly privileged information.

Bradley v. Hall

911 F. Supp. 446 · District Court, D. Oregon · Jul 21, 1994

Although speech contained in an inmate grievance is not clearly protected under the First Amendment, neither has it been clearly held to be unprotected. … Uninearcerated citizens possess broad First Amendment rights, but are afforded absolute immunity only in certain circumstances. Connick, supra.

REX - Real Estate Exchange, Inc. v. Brown

District Court, D. Oregon · Dec 9, 2021

So long as they acted pursuant to a clearly articulated state policy, they are be entitled to state-action immunity. See Charley’s Taxi Radio Dispatch Corp. v. … Defendants, on the other hand, argue that the Board and its members are immune from suit because they lack any authority to adopt, establish, or enforce state policy.

Friends of the Wild Swan, Inc. v. Thorson

260 F. Supp. 3d 1338 · District Court, D. Oregon · Jun 1, 2017

Thus, the fact that a recovery plan carnes with it “real-world consequences” is not enough to qualify it as a final agency action. 7 . … ESA and APA provisions, to establish waiver of immunity Coos County must have successfully stated a claim under those provisions....

McCormick v. Oregon Employment Dept.

District Court, D. Oregon · Nov 22, 2022

Plaintiff’s Complaint fails to establish these elements. First, plaintiff’s Complaint does not allege a protected property interest in unemployment assistance. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Thomsen v. NaphCare, Inc.

District Court, D. Oregon · Aug 31, 2021

Therefore, I do not adopt Judge Acosta’s findings and recommendation insofar as they relate to qualified immunity. F&R [165] at 31-34. … CONCLUSION Upon review, I agree with Judge Acosta’s recommendation and J ADOPT the F&R [165] with the exception of its discussion of qualified immunity.

G.C. Ex Rel. Counts v. North Clackamas School District

654 F. Supp. 2d 1226 · District Court, D. Oregon · Aug 21, 2009

Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), affect defendants’ qualified immunity argument, and what is plaintiffs response to that argument? … Finally, because I recommend granting summary judgment to defendants on the merits of the section 1983 claims, I do not consider defendants’ qualified immunity argument.

Farr v. U.S. West, Inc.

815 F. Supp. 1364 · District Court, D. Oregon · Dec 24, 1992

The Act sets standards for participation, vesting and funding and establishes an insurance system to protect pension plans. … They rely upon these documents solely to establish that defendants assumed a “duty” to provide the § 415 limit tax information.

Coyle v. P.T. Garuda Indonesia

180 F. Supp. 2d 1160 · District Court, D. Oregon · Jun 27, 2001

Clearly the Badens’ ultimate destination was Oregon; there is no evidence they planned to remain in Indonesia. … Airlines, 525 U.S. at 169-70, 119 S.Ct. 662 , and by the FSIA, which establishes rules that govern claims against a foreign government even when, as here, sovereign immunity has been waived.

Kelsay

District Court, D. Oregon · Dec 8, 2025

Qualified Immunity Defendants contend that they are entitled to qualified immunity, which would preclude Plaintiff from obtaining relief. Defs.’ Mot. … Qualified immunity “shields Government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights[.]’”

Murray v. United States Department of Justice

District Court, D. Oregon · Jul 17, 2025

Although the Court finds that Plaintiff is eligible to proceed IFP, Plaintiff has failed to establish that she has valid, nonfrivolous claims against Defendants. … This statutory language has been held to clearly establish that Title II of the ADA is inapplicable to the federal government, its agencies, and its officers and employees.”)

Coe v. United States

502 F. Supp. 881 · District Court, D. Oregon · Aug 19, 1980

Coe, seems about as good an approach as any and establishes the amount of the loss about as well as it can be determined. … Immunity is waived only to the extent that a private person would be liable to the claimant under the law of the place where the act or omission occurred.

Shepherd v. State of Oregon

District Court, D. Oregon · Feb 6, 2025

The metadata established a timeline of events that revealed the falsity of the allegations of abuse made by the former employees. … to qualified immunity.

Ernst v. United States

291 F. Supp. 3d 1190 · District Court, D. Oregon · Feb 13, 2018

Self , 75 Or.App. 230 , 706 P.2d 975 (1985), cast serious doubt on Shumate -but Sandoval and Shumate are not clearly irreconcilable. … See id. at 1093 (holding that the defendant's convictions qualified as residual-clause violent felonies); United States v.

Isaac v. Manning

District Court, D. Oregon · Sep 2, 2025

Plaintiff challenges representations Maile made in the course of litigation, which were clearly made in the course of her official duties. … Gammick, 413 F.3d 971 (9th Cir. 2005) (discussing absolute prosecutorial immunity and qualified immunity); Burnard v. Giblin, No. 22-1982, 2024 WL 458640, at *2–4 (D. Or.

Todd v. Boyd

District Court, D. Oregon · Mar 29, 2021

Plaintiff also alleges that McMahon lacked legal authority to conduct the search while armed with a firearm because McMahon is not a qualified police officer. Id. … Second, Defendant OHS established in the prior litigation its lack of liability for any of Plaintiff’s alleged losses, and that ruling would be impaired by the prosecution of this action.

Payne v. City of Eugene

District Court, D. Oregon · Dec 23, 2024

Qualified Immunity The same questions of fact on excessive force create questions of fact on qualified immunity. Citing Drummond, Plaintiff frames Mr. … Qualified immunity shields law enforcement from liability for constitutional violations unless “the unlawfulness of their conduct was ‘clearly established at the time’” of the violation. Perez v.

Gander v. Wood

457 F. Supp. 2d 1152 · District Court, D. Oregon · Oct 13, 2006

For the same reason, I also deny defendants' summary judgment motion on qualified *1157 immunity grounds. The principles enunciated in Graham, supra, and its progeny, such as Deorle v. … Rutherford, were well established at the time of these events.

Munoz

District Court, D. Oregon · Nov 14, 2025

immunity defense1). … Munoz responds to each of Bugher’s individual capacity arguments on the merits. 1 Officials sued in their official capacities are not entitled to a qualified immunity defense. See Brandon v.