Case law

Alleman v. United States

372 F. Supp. 2d 1212 · District Court, D. Oregon · Apr 12, 2005

When legislation waiving sovereign immunity contains a statute of limitations, the statute of limitations constitutes a condition on the waiver of sovereign immunity. Block v. … The Wilderness Act and its supporting regulations clearly established that the government did not recognize roads or motorized access within the wilderness area. See Southwest Four Wheel Drive Ass’n v.

Mark v. Valley Insurance

275 F. Supp. 2d 1307 · District Court, D. Oregon · Jul 17, 2003

Thus, an insured with a Significantly Above Average insurance score did not necessarily qualify for Valley Insurance’s best rate available, the Ultra Rate. … An insured, however, could not qualify for Valley Insurance’s best rate available unless the insured had a Significantly Above Average insurance score.

Crowd Management Services, Inc. v. United States

889 F. Supp. 1313 · District Court, D. Oregon · Apr 11, 1995

While plaintiffs evidence establishes that, after 1982, CMS supervisors no longer *1317 exercised their right to control the details of the security workers’ assignments, it fails to establish that the supervisors no longer … Defendant contends that plaintiff's failure to move for summary judgment on this issue constitutes a concession that plaintiff is not qualified for relief under Section 530. That is clearly not the case, however. 3 .

Ross v. Blewett

District Court, D. Oregon · Feb 3, 2025

Accordingly, Ross has failed to establish that the law “clearly favors his position” that COVID-19 currently poses a sufficiently serious risk of harm to support his Eighth Amendment claim. … In light of the higher level of immunity from vaccines, the widely available PPE, and the greater treatment options now available, the Court finds that Ross has failed to establish that he is likely to suffer irreparable

Vo v. Ohio Department of Jobs and Family Services

District Court, D. Oregon · Sep 20, 2022

On a fundamental level, sovereign immunity bars the relief Petitioner seeks. Although a state may waive sovereign immunity, any such waiver must be an express waiver. … As the Court clearly lacks subject matter jurisdiction, and as the Respondent is entitled to sovereign immunity, there is no point in requiring Petitioner to pay the filing fee or move for leave to proceed in forma pauperis

United States v. Dean

949 F. Supp. 782 · District Court, D. Oregon · Dec 11, 1996

Forfeiture and restitution are clearly distinct concepts in the criminal law. See United States v. … Given current Bureau of Prison pay scales, I find that defendant can pay $5 per month during his incarceration after he qualifies for in custody employment.

A.M v. Omegle.com LLC

District Court, D. Oregon · Feb 2, 2023

Defendant therefore clearly knows that some of the persons it recruits or solicits are under 18. … There is no reason the same should not be true of a virtual establishment.

Walker v. American Red Cross

District Court, D. Oregon · Apr 1, 2021

PAGE 5 – ORDER AND OPINION Here, plaintiff has alleged that he has a severely compromised immune system and is entitled to reasonable accommodation under the ADA. … Importantly, plaintiff has also not established that indefinite housing was even a benefit offered by ARC.

People Not Politicians Oregon v. Clarno

District Court, D. Oregon · Jun 10, 2021

OHA is authorized by statute to create registries that track immunizations in Oregon. Or. Rev. Stat. § 433.094 (2019). … Once vaccine providers have given immunization records to OHA, they publish the aggregate number of people who have received a COVID-19 vaccination on their website.

Barrett

District Court, D. Oregon · Dec 2, 2025

Or. 2004) (finding the Oregon Tort Claims Act does not waive the State of Oregon’s Eleventh Amendment immunity to suit in federal court), and § 1983 does not abrogate that immunity, Quern v. … Because Plaintiff has failed to plausibly establish that “she is a qualified individual with a disability,” Lovell, 303 F.3d at 1052, Plaintiff’s Third Cause of Action under the ADA is dismissed.

Barnhouse

District Court, D. Oregon · Nov 7, 2025

Defendants have Eleventh Amendment immunity from being sued in their official capacities. … To prove an ADA Title II claim, an inmate must establish that: “(1) he is an individual with a disability; (2) he is otherwise qualified to participate in or receive the benefit of some public entity’s services, programs

Wilkins v. Herron

District Court, D. Oregon · Nov 30, 2023

Fourteenth Amendment, and the Food, Drug, and Cosmetic Act, defendants are liable under § 1983, and that that qualified immunity does not apply. … Because plaintiff has failed to state a claim that defendants violated any legal right, the Court need not reach plaintiff’s argument concerning qualified immunity. Kisela v.

McCann v. City of Eugene

833 F. Supp. 2d 1250 · District Court, D. Oregon · Jun 21, 2011

Defendant also seeks summary judgment as to the individual defendants in their individual capacities because they are entitled to qualified immunity. … However, it is clearly established that sex discrimination is prohibited and adverse alteration of job duties as a result is prohibited.

In Re Portland Electric Power Co.

97 F. Supp. 903 · District Court, D. Oregon · Sep 16, 1947

This attorney has had long experience in corporate reorganization and is a member of a firm of high national standing, but those factors do not render him immune from process of the court. … but the new Board establish the dividend rate.

Marshall v. Brown

District Court, D. Oregon · Aug 8, 2023

immunity, id. at 8-9. … However, plaintiff does not clearly state the claims or grounds on which he seeks summary judgment or regarding which defendants. See id. at ¶¶ 99-114.

Bowles v. Bronson

63 F. Supp. 189 · District Court, D. Oregon · May 17, 1945

Some recent cases take the jump from grand juries and their long established right of inquisition to the limitless right of inquiry claimed by at least one agency, “with the greatest of ease.” … Walling, 10 Cir., 147 F.2d 658, 660 [1] (1945) dealing with the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq.: “ * * * [the language of the Act] clearly envisages a judicial act, and in the classical words of Judge

Subasic v. State of Oregon

District Court, D. Oregon · Feb 28, 2025

As clearly held by In Re California Public Utilities Com[m]’n, . . . the work product immunity cannot be claimed by one who would ordinarily hold the right to assert the immunity unless that person/entity is a party (or … “Waiver of work-product immunity does not, however, destroy work-product immunity for other documents of the same character.” Skynet Elec. Co., Ltd v.

Shyrer v. Banks

District Court, D. Oregon · Feb 27, 2023

immunity, their arguments and legal authorities pertain to absolute immunity. … Or. 2004) (“The Oregon Tort Claims Act is a waiver of sovereign immunity but does not waive Eleventh Amendment immunity.

Ljubich v. Oregon Department of Corrections

District Court, D. Oregon · Apr 27, 2023

Gulick is entitled to qualified immunity. Id. at 17-19. A. … Glendale Union High Sch., 343 F.3d 1036, 1040 (9th Cir. 2003) (noting, “[it] is well established that agencies of the state are immune under the Eleventh Amendment from private damages or suits for injunctive relief brought

Rendleman v. Shalala

864 F. Supp. 1007 · District Court, D. Oregon · Oct 4, 1994

case or issue and on the level or levels of the court[ ] or courts involved, a court may have discretion to reopen a previously resolved question under one or more of the following circumstances: (1) the first decision was clearly … CONCLUSION The government has met its burden of establishing the propriety of treble damages.