Case law

Clark v. Wells Fargo Bank

District Court, D. Oregon · Mar 31, 2021

Defendants contend that these claims are barred by the statute of limitations, prosecutorial and qualified immunity, claim and issue preclusion, and the Rooker- Feldman doctrine. … This conduct may be characterized as part of Hasselman’s “administrative or investigative functions,” which fall outside the scope of prosecutorial immunity and for which “only qualified immunity is available.”

Novins v. United States acting through the Department of Health and Human Services.

District Court, D. Oregon · Sep 25, 2023

The alleged tortious conduct here, however, is not so far removed from medical services that it cannot qualify as related conduct. … The establishment, promulgation, and enforcement of policies, including establishing priorities, assigning resources, making budget decisions, and assigning personnel, also generally fall within the discretionary function

Flores v. ODOC

District Court, D. Oregon · Nov 3, 2023

“To prevail on a Section 504 claim, a plaintiff must establish that (1) [the plaintiff] is an individual with a disability; (2) [the plaintiff] is otherwise qualified to receive a certain benefit; (3) [the plaintiff] … June 1, 2023) (dismissing disability discrimination claim under Oregon law because the “plaintiff neglects to allege facts establishing she is a qualified individual with a disability”), findings and recommendation adopted

Elifritz v. Fender

District Court, D. Oregon · May 13, 2020

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, 137 S. … As a result, the officer defendants did not violate a clearly established right by using deadly force against Elifritz, and they are entitled to qualified immunity. III.

Murphy v. Kenops

99 F. Supp. 2d 1255 · District Court, D. Oregon · Dec 16, 1999

immunity argument, cloaked in other terms, is unpersuasive. … This court previously dismissed with prejudice a Bivens claim against federal defendant Kenops due to qualified immunity.

Northwest Success, Inc. v. City of Portland

District Court, D. Oregon · Aug 15, 2025

produced by qualified nonprofit agencies for individuals with disabilities.”24 The OFP thus requires public agencies25 procuring certain products or services to obtain those products or services from a qualified nonprofit … As relevant here, a public agency may procure a product or service from a person other than a qualified nonprofit agency if “[a]ll of the qualified nonprofit agencies for individuals with disabilities on the procurement

General Electric Credit Corp. v. R. A. Heintz Construction Co.

302 F. Supp. 958 · District Court, D. Oregon · Jun 10, 1969

Clearly, Finch-am was a merchant dealing in the selling of construction merchandise and equipment of a kind similar to the 71’s. … Heintz argues that the *963 word “buyer”, as used in the applicable section of the Code, is transactional and that the sale should be considered as a whole and “not fractionalized” into qualifying and non-qualifying parts

Roberts v. Springfield Utility Board

District Court, D. Oregon · Feb 9, 2021

immunity. … “The doctrine of qualified immunity shields government officials performing discretionary functions from liability for damages ‘insofar as their conduct does not violate clearly established statutory or constitutional

Walden v. Hernandez

District Court, D. Oregon · Oct 28, 2024

As explained further below, the Court finds each of Plaintiffs’ allegations “clearly baseless.” Denton, 504 U.S. at 33. 1. … Waco, 502 U.S. 9, 11 (1991) (“[J]udicial immunity is an immunity from suit, not just from ultimate assessment of damages[,]” and “is not overcome by allegations of bad faith or malice[.]”); Stump v.

Jane v. American Red Cross

763 F. Supp. 1084 · District Court, D. Oregon · May 8, 1991

State of Oregon John Doe received a blood transfusion; that the blood used in the transfusion was supplied by the American Red Cross; and that the blood supplied by the American Red Cross was contaminated with the Acquired Immune … STANDARD OF REVIEW On an appeal from a non-dispositive order entered by a magistrate, the district court must determine whether the order is clearly erroneous or contrary to law. 28 U.S.C. § 636 (b)(1)(A); McDonnell Douglas

Ruffin v. Washburn

District Court, D. Oregon · Feb 7, 2023

Defendant Washburn now moves for summary judgment on grounds that he was not deliberately indifferent to plaintiff’s health and is entitled to qualified immunity. … immunity.

United States v. Mayer

162 F. Supp. 3d 1080 · District Court, D. Oregon · Feb 5, 2016

the influence of alcohol did not qualify); James v. … Under Snyder, I likely could find that the term “dwelling” and the street address established a building.

Wider

District Court, D. Oregon · Feb 24, 2026

To qualify for in forma pauperis status, a civil litigant must demonstrate both that the litigant is unable to pay court fees and that the claims the litigant seeks to pursue are not frivolous. 28 U.S.C. § 1915(a)(1), 1915 … Rather, the plaintiff must establish that this harm is likely. Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011).

O'Donnell v. Oregon Department of Corrections

District Court, D. Oregon · Jul 31, 2025

. § 1997e(a), and Eleventh Amendment immunity. (Defs.’ Mot Summ. J. (Defs.’ Mot.), ECF No. 36.) … Because the record clearly demonstrates that Donnell brings his § 1983 claims against defendants in their individual capacities, defendants’ Eleventh Amendment immunity argument is inapt.

Lechuga v. Crosley

228 F. Supp. 2d 1150 · District Court, D. Oregon · Jan 10, 2002

To qualify for federal funds, the state was required to operate a program that conformed with federal guidelines, as set forth in Title IV-D. … The court finds that Plaintiffs have failed to establish that Congress intended to create a federal right for the benefit of Plaintiffs either through Section 602 or the regulation adopted thereunder.

Jacobson v. State of Oregon

District Court, D. Oregon · Aug 15, 2025

ORS § 90.323 (along with ORS § 90.324) establish the amount and frequency with which a landlord may increase a tenant’s rent. … Chandler, 303 F.3d 1039, 1052 (9th Cir. 2002) (to state a claim under Title II or § 504, a plaintiff must first show they are a qualified individual with a disability).

Boaters Rights Association v. Early

District Court, D. Oregon · Jan 5, 2024

The Act establishes a dedicated funding source by imposing an excise tax on boating related items such as fishing equipment and motorboat fuel. … The Marine Board, authorized by statute, promulgated rules that established “slow-no wake” zones around docks and floating homes, established hours for motorboat usage, and created dedicated areas for wake surfing.

Smith v. City of Dalles

District Court, D. Oregon · Jan 17, 2020

Qualified Immunity Officer Nagamatsu is not entitled to qualified immunity. … All of the cases discussed above – Miles, Terry, Dickerson, and Mattarolo, chiefly – clearly establish the law that police officers must follow during a Terry stop and protective frisk. C.

United States v. Colasanti

282 F. Supp. 3d 1213 · District Court, D. Oregon · Sep 26, 2017

July 21, 2017) ("The only right recognized in Johnson was established in its holding."). … Since the Supreme Court has clearly held that the commentary to the mandatory Guidelines is authoritative, Stinson v.

Hughes v. Flemming

195 F. Supp. 724 · District Court, D. Oregon · Jul 10, 1961

Plaintiff’s applications to establish a period of disability and for disability insurance benefits were filed on January 23, 1959. … In conclusion, the Court finds that the -decision of the hearing examiner (the Secretary’s “final decision”) is clearly erroneous, that his findings of fact, insofar as they would support denial of the disability claim, are