Case law

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.

Penuel v. Titan/Value Equities Group, Inc.

127 Or. App. 195 · Court of Appeals of Oregon · Mar 30, 1994

Neither of the girls, individually, could have qualified for any of those investments. … At best, the trust might have qualified for two of the limited partnership investments.

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

Akiyama v. Tillamook County

Court of Appeals of Oregon · Jun 26, 2024

For example, the ordinance limits the number of licenses to one per licensee,6 establishes geographical subareas within the county and limits the number of licenses that may be issued for each subarea, establishes a density … limitation on the issuance of short-term rental licenses, and establishes a minimum rental rate requirement to qualify for license renewal.

Scovell v. TRK Trans, Inc.

299 Or. 679 · Oregon Supreme Court · Aug 27, 1985

Lenhard, 227 Or. 242, 256 , 362 P.2d 312 (1961) (where right to sue is "a creation of the legislature," it is "clearly subject to legislative restrictions"). … Extinguishment should be treated as a fact essential to establish a settlor's right.

State v. Balukovic

153 Or. App. 253 · Court of Appeals of Oregon · Apr 1, 1998

Once a defendant pleads guilty, ORS 138.050 clearly limits review to the sentence imposed and does not include review of the underlying proceedings that led to his conviction. See, e.g., State v. … On appeal, defendant contends that ORS 45.275, which provides, in part, that “[t]he court shall appoint a qualified interpreter.”

In Re Complaint as to the Conduct of Chase

339 Or. 452 · Oregon Supreme Court · Oct 27, 2005

See ORS 33.015(2) (listing acts, if done willfully, that qualify as “contempt of court”). … The accused testified that, for part of 2002, he took medication for his mental disability and that the medication was beneficial and helped him to think more clearly.

State v. Camarena

208 Or. App. 575 · Court of Appeals of Oregon · Oct 11, 2006

In that regard, the Court noted that learning the name of the defendant was necessary to establish the severity of the situation (to establish, for example, whether the defendant was a violent felon). Id. … Defendant had left the house about a minute before the call was made, and Carder was clearly still frightened.

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

Bonner v. American Golf Corp. of California

372 Or. 814 · Oregon Supreme Court · Oct 31, 2024

It is defendants’ burden to establish that we must disavow our earlier cases. See State v. … In Fulmer, the court had found that the plaintiff had pleaded facts sufficient to establish a common-law claim for premises liability because, “it is well-established in Oregon that a proprietor’s obligation to make its premises

State v. Clegg

332 Or. 432 · Oregon Supreme Court · Aug 23, 2001

Accordingly, those statements by Tina to Hughes are hearsay and are admissible only if they qualify under one of the exceptions to the hearsay rule. … The question thus becomes whether Tina’s statement to Hughes qualifies under one of the exceptions to which OEC 802 refers.

Guzek v. Board of Parole

Court of Appeals of Oregon · May 10, 2023

Petitioner, thus, failed to establish retroactive application of the statute. … The sentencing court could, and still may, impose up to a 30-year indeterminate sentence if it found that a defendant so qualified. ORS 161.725.

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.)

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.

Bernert v. Multnomah Lbr. & Box Co.

119 Or. 44 · Oregon Supreme Court · Jun 8, 1926

Under this qualified right, the stockholder, as stated in Wilson v. … But that there may be conditions and circumstances which would justify the corporation in refusing to permit an inspection is clearly recognized in Clawson v.

Safeway Stores, Inc. v. City of Portland

149 Or. 581 · Oregon Supreme Court · Jan 24, 1935

Plaintiff contends that ordinance No. 61451 violates section 20, Article I of the state constitution, which provides: “No law shall be passed granting to any citizen or class of citizens, privileges or immunities which, upon … It is too firmly established at the present day to admit of a doubt.

Houston v. Zahm

65 L.R.A. 799 · Oregon Supreme Court · Apr 18, 1904

Upon the other hand, the university was clearly not in a position to burden the land with an easement, having no estate therein to grant. … Whatever way we may turn the proposition, however, the agreement or covenant with reference to the establishment of the sixty foot highway to Spaulding Street was a mere personal covenant, wholly collateral to the land, and

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

Richards v. City of Portland

121 Or. 340 · Oregon Supreme Court · Mar 30, 1927

Ordinarily, the jurisdiction of a municipality ceases at its boundaries and for it to exercise extraterritorial jurisdiction its power to do so must be clearly expressed: Dunlap et al. v. … or agreement for the purchase, condemnation, ownership, construction or operation by the city of any public utility shall be entered into by the council without first submitting such proposed contract or agreement to the qualified

Murphy v. Senior Services Division

94 Or. App. 725 · Court of Appeals of Oregon · Jan 11, 1989

contemplate[ ] the establishment of different facilities under the auspices of different agencies to provide the services needed by persons with different problems.” … Section 504 provides: “No otherwise qualified individual with handicaps in the United States * * * shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected