Case law

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  • Sebastian

    District Court, D. Oregon · Mar 10, 2026

    Such a suit is clearly barred by the Eleventh Amendment. … Instead, he is suing a state agency and "[i]t is well established that agencies of the state are immune under the Eleventh Amendment from private damages or suits for injunctive relief brought in federal court."

    Cited 0 timesUnknown
  • Cordova v. FedEx Ground Package Systems, Inc.

    104 F. Supp. 3d 1119 · District Court, D. Oregon · May 8, 2015

    They recite several facts which they contend establish Defendant’s right to control them. E.g., id. at ¶ 16. … These contract provisions appear in the “Vehicle Operations” section of the Operating Agreements governing the employment of “qualified persons.” Ex. A to Harris Decl. at 17 (§ 2.2(b), (c)); Ex.

    Cited 4 timesPublished
  • Ruecker v. Sommer

    567 F. Supp. 2d 1276 · District Court, D. Oregon · Jun 6, 2008

    Most of the relief sought by Ruecker in this case clearly was available through the administrative process. … In addition, the individual defendants seek summary judgment based on qualified immunity. Because this court lacks subject matter jurisdiction over these claims, it need not address these additional arguments.

    Cited 5 timesPublished
  • Donohue v. Hughes

    District Court, D. Oregon · May 6, 2020

    A court has discretion to decide which of the two prongs of the qualified immunity analysis to address first. See Pearson v. Callahan, 555 U.S. 223, 236 (2009). … Farmer, 511 U.S. at 842. 3 The Court also need not address Defendants’ qualified immunity argument regarding Mr. Donohue’s left shoulder issues. See n.1, supra.

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  • Menefee v. Marzelli

    District Court, D. Oregon · Aug 19, 2024

    Plaintiff has had at least three qualifying strikes while incarcerated or detained: (1) Menefee v. … “Examples of the former class are claims against which it is clear that the defendants are immune from suit, . . . and [e]xamples of the latter class are claims describing fantastic or delusional scenarios, claims with

    Cited 0 timesUnknown
  • LaTulippe v. Harder

    District Court, D. Oregon · Nov 23, 2021

    “Absolute immunity aids in the ‘discouragement of collateral attacks, thereby helping to establish appellate procedures as the standard system for correcting judicial error.’” Id. at 928–29 (quoting Buckles v. … OMB and Absolute Judicial Immunity Courts have extended absolute immunity to qualifying state officials sued under § 1983 whose actions are functionally comparable to the actions of a prosecutor

    Cited 0 timesUnknown
  • Lester v. Hotel Alder

    District Court, D. Oregon · Aug 29, 2025

    To establish federal question jurisdiction, a plaintiff must plead that defendants have violated a federal constitutional or statutory provision. 28 U.S.C. § 1331; In re Ford Motor Co. … Nor does his claim clearly arise out of a past criminal conviction. (See generally Compl.)

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  • Castaneda v. State of CA

    District Court, D. Oregon · Jul 15, 2020

    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). … As such, a court is to presume “that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction.” Kokkonen v. Guardian Life Ins.

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  • Jackson v. Surber

    District Court, D. Oregon · Mar 5, 2025

    Federal Register,’ that the Act’s immunity ‘is in effect.’” … 2015) (dismissing an AIC’s claims that ODOC employees violated his constitutional right to privacy, HIPAA, and the ADA by sharing his HIV-positive status with other AICs because “[t]here is no showing or indication of a qualifying

    Cited 0 timesUnknown
  • Hartford Accident & Indemnity Co. v. U.S. Natural Resources, Inc.

    897 F. Supp. 466 · District Court, D. Oregon · Jul 25, 1995

    Thus, Temple-Eastex qualifies as an “insured” under the plain language of the CGL policy. … Thus, USNR has failed to establish a critical element of its estoppel claim.

    Cited 1 timesPublished
  • Pounds v. Smith

    District Court, D. Oregon · Dec 3, 2024

    On January 8, 2024, Defendants moved for summary judgement asserting the affirmative defense of qualified immunity. Mot. for Summ. J. and Mem., ECF No. 122. … immunity, rather than on the merits of Plaintiff’s claim.

    Cited 0 timesUnknown
  • Bekos v. Providence Health Plan

    334 F. Supp. 2d 1248 · District Court, D. Oregon · Jul 16, 2004

    The plaintiff argued against enforcement of the exclusion because it did not explain if a conviction was required to qualify as an illegal act. … The dictionary definition of “illegal” is contrary to or violating a law or rule or regulation or something else (as an established custom) having the force of law.

    Cited 5 timesPublished
  • Anderson v. Miller

    District Court, D. Oregon · Mar 26, 2021

    Personal Participation Under § 1983, Eleventh Amendment Immunity, and Qualified Immunity Defendants also contend that defendants Bailey, Alvis, DiGiulio, Coffey … not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

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  • Bond v. Brown

    District Court, D. Oregon · Feb 9, 2024

    The Privileges or Immunities Clause provides that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States[.]” U.S. Const. Amend. XIV, § 1, cl.2. … With respect to substantive due process, that claim is, as previously noted, not clearly made out on the face of the proposed TAC.

    Cited 0 timesUnknown
  • Clay Tower Apartments v. Kemp

    757 F. Supp. 1145 · District Court, D. Oregon · Mar 4, 1991

    The Owner or the HFA shall submit to HUD financial statements which clearly support the increase. (d) Overall Limitation. … HUD responds that the expiration of the tax abatement does not qualify as a substantial “general increase” in real property taxes; that to grant the owners of Clay Towers the adjustment they request will be to ignore the

    Cited 2 timesPublished
  • Intransit, Inc. v. Excel North American Road Transport, Inc.

    426 F. Supp. 2d 1136 · District Court, D. Oregon · Mar 7, 2006

    Wal-Mart qualifies as a shipper. … Phoenix Exp., Ltd., 156 F.Supp.2d 889, 892-894 (N.D.Ill.2001). *1144 Intransit’s complaint clearly states that it is a truck broker and that Excel is a carrier.

    Cited 7 timesPublished
  • Halloum v. 60's Diner and Restaurant LLC

    District Court, D. Oregon · Oct 8, 2025

    Second, it must assess whether the action is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune to such relief. 28 U.S.C. § 1915(e)(2 … Or. 2013) (“A request for reasonable accommodation of a disability qualifies as protected activity under the ADA.”).

    Cited 0 timesUnknown
  • Menchu v. United States Department of Health & Human Services

    965 F. Supp. 2d 1238 · District Court, D. Oregon · Aug 14, 2013

    While the complaint is void of any mention of the Privacy Act, a letter dated May 16, 2012, and addressed to the Agency, which was filed as an exhibit to the complaint, clearly establishes that Menchu requested the 'information … This is clearly not “an express promise that the identity of the source would be held in confidence.”

    Cited 1 timesPublished
  • Partin v. Gevatoski

    District Court, D. Oregon · Aug 10, 2020

    civil liability pursuant to the doctrine of sovereign immunity. … These facts are insufficient to establish a Sixth Amendment claim.

    Cited 0 timesUnknown
  • Bailey v. Hoffman

    District Court, D. Oregon · Aug 28, 2025

    of law to establish federal jurisdiction over these claims. … Witt, 781 F.2d 155, 158 (9th Cir. 1986) (noting that absolute immunity “fails to attach to judicial officers only when they act clearly and completely outside the scope of their jurisdiction” and therefore allegations that

    Cited 0 timesUnknown

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