Case law
Opinions from 1658 to today.
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District Court, D. Oregon · Aug 8, 2019
Those are clearly fighting words. … immunity.
Cited 0 timesUnknown242 F. Supp. 2d 922 · District Court, D. Oregon · Dec 18, 2002
However, Home Depot argues that Roberge cannot establish his prima facie case for failure to promote because he cannot show that he applied for and was qualified for any particular job opening. … employees who were promoted were more qualified than Roberge.
Cited 10 timesPublishedDistrict Court, D. Oregon · Mar 17, 2026
Patterson is Qualified to Offer Infection Preventionist Testimony PeaceHealth contends that Patterson is not qualified to offer expert testimony because she lacks relevant education, training, and experience. Def. … Plaintiffs contend that if Patterson does not qualify as a scientific or medical expert, she does qualify to offer expert opinion based on her knowledge and experience as an infection control nurse at SLMC during
Cited 0 timesUnknownYoung v. Commissioner Social Security Administration
214 F. Supp. 3d 987 · District Court, D. Oregon · Oct 11, 2016
Rawlins was not aware of the level of Plaintiffs alcohol consumption, he clearly knew she had a history of alcohol abuse. Moreover, Dr. … Rawlins’ opinions are viewed as a whole, they clearly demonstrate that even when alcohol is not considered, her PTSD and other mental limitations remain disabling.
Cited 2 timesPublished291 F. Supp. 3d 1194 · District Court, D. Oregon · Nov 27, 2017
Wainwright , 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963), which established a right to counsel for all felony prosecutions. Id. at 447 , 92 S.Ct. 589 . … This error, unlike that in Addonizio , was not the result of a subjective belief about an outside entity's future actions, but rather an externally verifiable mistake of law, clearly reflected in the Plea Agreement, Presentence
Cited 0 timesPublished872 F. Supp. 2d 1093 · District Court, D. Oregon · May 31, 2012
Once the movant has met its burden, the burden shifts to the nonmovant to produce specific evidence to establish a genuine issue of material fact or to establish the existence of all facts material to the claim. … It was only after the February 26, 2008, proceedings before the Hearings Officer that the County ultimately conceded that the ADA applied to its zoning decisions and that plaintiff is a qualified individual with a disability
Cited 1 timesPublishedMeyer v. Federal Bureau of Investigation
District Court, D. Oregon · Nov 29, 2022
Legal Standards Congress established that when a complaint is filed by a plaintiff proceeding in forma pauperis, “the court shall dismiss the case at any time if the … The United States and its agencies have sovereign immunity in federal court unless that immunity is waived. United States v. Mitchell, 445 U.S. 535, 538 (1980).
Cited 0 timesUnknownDistrict Court, D. Oregon · Feb 21, 2023
The individual Defendants may be found to have caused a constitutional injury to Plaintiff but still be shielded from liability through qualified immunity. See Chew v. … Gates, 27 F.3d 1432, 1439 (9th Cir. 1994) (explaining that when an individual defendant succeeds on a qualified immunity defense, “the city’s liability has not been actually and necessarily decided”).
Cited 0 timesUnknownDCIPA, LLC v. Lucile Slater Packard Children's Hospital at Stanford
868 F. Supp. 2d 1042 · District Court, D. Oregon · Oct 20, 2011
It is also undisputed that defendant was qualified under the regulations to provide such transplant services. See OAR 410-124-0040(1). … Moreover, even if defendant could establish a misrepresentation, it could not establish detrimental reliance or that such reliance was reasonable. See Day, 336 Or. at 519 , 86 P.3d 678 .
Cited 9 timesPublishedStellar J Corp. v. Smith & Loveless, Inc.
749 F. Supp. 2d 1137 · District Court, D. Oregon · Aug 5, 2010
Perhaps Smith could establish that, when it inserted the notation “N/A” on page 7 of the form that it faxed to Stellar, it was, reasonably, unaware the it needed an Oregon contractor’s license. … Smith clearly qualifies as a contractor under the terms of Or.
Cited 0 timesPublishedUnited States v. One Parcel of Real Property
780 F. Supp. 715 · District Court, D. Oregon · Jul 3, 1991
In Roviaro , the Supreme Court stated that the qualified privilege to withhold the identity of an informant “must depend upon the particular circumstances of each case, taking into consideration ... the possible significance … Circumstantial evidence is sufficient to establish probable cause in a forfeiture proceeding.
Cited 11 timesPublishedDistrict Court, D. Oregon · Nov 4, 2021
And while the Federal judicial officers named here were not named there, any claims against them for any actions taken during Plaintiff’s federal action in Louisiana are clearly barred by absolute judicial immunity. … To establish personal jurisdiction, a plaintiff must show that a defendant had “minimum contacts” with Oregon, such that the exercise of personal jurisdiction “does not offend ‘traditional notions of fair play and substantial
Cited 0 timesUnknown217 F. Supp. 2d 1116 · District Court, D. Oregon · Aug 30, 2002
Narratives can provide information regarding the history of Indian cultures, and Congress clearly intended that, where appropriate, this evidence should be considered in establishing cultural affiliation. 59 See, 25 USC § … Plaintiffs are clearly the kind of “qualified professionals” referenced in the regulations. 73 The record establishes that Plaintiffs are eminent scientists in the field of “First American Studies” who have written hundreds
Cited 9 timesPublishedDistrict Court, D. Oregon · Jun 8, 2026
he is entitled to qualified immunity regarding plaintiff’s Eighth Amendment claim. … May 25, 2022) (“The court has discretion to decide which of the two prongs of the qualified immunity analysis,” 1) whether a constitutional violation occurred, and 2) whether the right was clearly established, “should be
Cited 0 timesUnknownTornabene v. Northwest Permanente, P.C.
156 F. Supp. 3d 1234 · District Court, D. Oregon · Dec 28, 2015
Dyson concluded that “[t]here were clearly political issues going on in the Department and there were clearly issues on the perfusion team.” Id. ¶ 6. … Thus, given the “minimal” burden necessary to establish a prima facie case, Tornabene has presented sufficient facts showing that she was qualified for her position and that her performance was satisfactory at the time of
Cited 9 timesPublishedDistrict Court, D. Oregon · Jan 30, 2024
"To qualify for judicial immunity, a judge must have performed a 'judicial act' which was within the scope of his jurisdiction." McGuire v. Clackamas Cnty. Couns., No. 08-CV-1098-AC, 2009 WL 4456310, at *4 (D. Or. … It is "well established" that Eleventh Amendment immunity extends to agencies of the state. Savage v. Glendale Union High Sch., Dist.
Cited 0 timesUnknown986 F. Supp. 2d 1211 · District Court, D. Oregon · Nov 7, 2013
First, both Wall’s and Raymer’s Declarations establish actual, material, and substantial disruption to their working relationships with Plaintiff. … Given my determination on the merits, I do not consider Defendant’s alternative qualified immunity argument.
Cited 3 timesPublishedDistrict Court, D. Oregon · Feb 6, 2023
Defendants move for summary judgment on grounds that plaintiff cannot establish deliberate indifference to his health and, alternatively, that defendants are entitled to qualified immunity. … At most, plaintiff complains of negligence, and it is well established that negligence cannot support a § 1983 claim. Toguchi, 391 F.3d at 1057.
Cited 0 timesUnknownDistrict Court, D. Oregon · Jun 18, 2021
Moreover, Plaintiff brings suit against a number of municipal entities but makes no claim that would establish municipal liability. See Monell v. … Fletcher, 522 U.S. 118, 123-25 (1997) (prosecutorial immunity); Olsen v. Idaho State Bd. of Medicine, 363 F.3d 916, 922 (9th Cir. 2004) judicial immunity).
Cited 0 timesUnknownDistrict Court, D. Oregon · Jun 21, 2024
"A defendant seeking removal has the burden to establish that removal is proper and any doubt is resolved against removability." Id. … Moreover, despite the fact that Ettlin did not involve Eleventh Amendment immunity, it is well settled that such immunity does not apply to state officials sued in their personal capacity.
Cited 0 timesUnknown
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