Case law

Bliss v. Adewusi

District Court, D. Oregon · Apr 27, 2024

“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.” Kisela v. Hughes, 138 S. … County Defendants are not entitled to qualified immunity at this stage of the case.

State v. Lhasawa

334 Or. 543 · Oregon Supreme Court · Sep 19, 2002

Although exclusion from a part of a city is some restraint on personal liberty, we are persuaded that exclusions under the ordinance are not serious enough to qualify as “affirmative restraints.” … The Chief of Police shall grant a variance to any person who can establish that he or she: “i.

Michael A. Grassmueck, Inc. v. WFS Financial, Inc. (In Re Cortez)

255 B.R. 324 · United States Bankruptcy Court, D. Oregon · Nov 22, 2000

Since the commencement of the Debtors’ chapter 7 case, the Trustee has been the duly qualified chapter 7 trustee. … The Debtors clearly included the 1999 Ford on their Schedule B and identified WFS’ security interest in the 1999 Ford on Schedule D. There was no failure to disclose nor ambiguity in disclosure.

Florey v. Meeker

194 Or. 257 · Oregon Supreme Court · Feb 14, 1952

Meeker operated a mercantile business known as the M & M store, originally established by his father in Medford, Oregon. … Under this definition the document before us is clearly a joint and mutual will.

Perron v. Department of Revenue, Tc-Md 091421d (or.tax 6-6-2011)

Oregon Tax Court · Jun 6, 2011

The Ninth Circuit Court of Appeals has clearly stated that "[t]he question of the amount of [gambling] losses sustained by a taxpayer is a question of fact to be determined from the facts of each case, established by the … In Norgaard , the Ninth Circuit stated that "[i]n order to qualify for the estimation treatment under Cohan , the taxpayer must establish that he is entitled to some deduction." 939 F2d at 879 , citing Edelson v.

State v. McDaniel

115 Or. 187 · Oregon Supreme Court · Oct 3, 1924

E. 1077 ). ‘ ‘ The officer has no judicial immunity for errors of judgment. He must be right or suffer. … The evidence that was admitted was sufficient to establish the charge in the indictment.

Smith v. Dep't of Corr.

298 Or. App. 190 · Court of Appeals of Oregon · Jun 19, 2019

The inmate shall clearly state the *** religious item *** requested. "(3) The chaplain or designee will review the request to determine if it is covered by established rule or operational practice and respond to the inmate … Accordingly, when such a request is made, the chaplain must determine whether the item qualifies for a religious accommodation under a DOC rule or operational practice and, if the item qualifies for a religious accommodation

Noble v. Department of Fish & Wildlife

250 Or. App. 252 · Court of Appeals of Oregon · May 31, 2012

Stahl’s fishway approval letters to both Lytle and Stoyan clearly demonstrated “how water depths, water velocities, water drops, jump pools, structure sizing, and fish-injury precautions” provide adequate fish passage. … See ORS 537.409 (setting forth the permit application process for qualifying small reservoirs, which includes a review of injury to water rights or adverse impact on existing fishery resources and a public interest review

Fleck

District Court, D. Oregon · Jun 2, 2026

FAILURE TO STATE A CLAIM It is well established that the “same substantive rules apply to Rule 12(b)(6) and [Section] 1915(e) dismissals for failure to state a claim.” … But even if Fleck had clearly alleged that Del-One furnished the same report on behalf of both Del-One and “Delaware Federal Credit Union,” the tradeline Fleck challenges clearly reflected the same $31,550 unpaid auto loan

GUNDERSON, LLC. v. City of Portland

243 Or. App. 612 · Court of Appeals of Oregon · Jun 22, 2011

To satisfy the standards, the property owner must spend one percent of the project value (up to a maximum expenditure of $200,000) to (1) plant vegetation on the site, (2) build a qualifying eco-roof on-site, or (3) pay the … In the city’s view, “there is nothing in Goal 15 prohibiting cities from adopting regulations or discretionary land use review processes or dictating that all development within the greenway is immune from development review

Walker v. MACKEY

197 Or. 197 · Oregon Supreme Court · Dec 3, 1952

"And the court now being advised in the premises finds that the plaintiff has clearly established by a preponderance of the evidence that *206 the defendant, Ena Fay Mackey, orally contracted to sell to Robert Walker, in … Here plaintiff not only alleged a cause of suit in equity, but on the trial clearly established the same by proof.

State v. Chapman

367 Or. 388 · Oregon Supreme Court · Dec 31, 2020

Schwabe, Williamson & Wyatt, 149 Or App 607, 621, 945 P2d 534 (1997). 8 An informal estimate offered by an employee of the delivery service would not qualify. … That may qualify as filing proof of the mailing date: Certainly, nothing in the text of ORS 19.260(1)(b) excludes that possibility.

City of Woodburn v. Domogalla

1 Or. Tax 292 · Oregon Tax Court · Apr 30, 1963

While these cases are not on all fours with the instant case, they are quite close enough to establish clearly that the extension of a tax levy is a ministerial act and that mandamus will lie to require an assessor to extend … By the Oregon Tax Court Act, the legislature has established a new and separate tax court.

Leach v. Gunnarson

290 Or. 31 · Oregon Supreme Court · Nov 4, 1980

Powell [2] states: "* * * A covenantee is not prevented from recovering by proof that he knew of the encumbrance when he accepted the deed; but, this statement must be qualified by excepting physical conditions of the land … Denies that at the time alleged in said Para III or any other time said irrevocable licenses were established encumbrances on the property therein described.

Strickland v. Arnold Thomas Seed Service, Inc.

277 Or. 165 · Oregon Supreme Court · Feb 17, 1977

The pool members contend that the above provisions, when read together, clearly indicate that all qualifying seed which came under Arnold Thomas’ control during the pool period would become a part of the pool, and that within … Equitable S & L Assn., 268 Or 544, 568 , 522 P2d 478 (1974), we held that a trustee had the burden of proof to establish that it clearly explained to the beneficiary that a proposed investment of the trust corpus was one

Towe v. SACAGAWEA, INC.

246 Or. App. 26 · Court of Appeals of Oregon · Oct 12, 2011

Even if the parties invoke a particular relationship to establish the existence of a duty of care on the part of the defendant, the scope of that particular duty nonetheless may be limited to harms to the plaintiff that were … The court intervenes only when it can say that the actor’s conduct clearly meets the standard or clearly falls below it.’ ” 303 Or at 17-18 .

Post v. OREGONIAN PUBLISHING COMPANY

268 Or. 214 · Oregon Supreme Court · Mar 21, 1974

Metromedia, supra, established the principle that the news media are shielded by the First Amendment from liability for the publication of a defamatory story about a subject of public or general interest, unless published … As we have already indicated, the APB clearly suggested the likelihood that plaintiff had been involved in the incident. A fair reading of the APB leaves the impression that plaintiff was one of the suspects.

State v. Swader

72 Or. App. 593 · Court of Appeals of Oregon · Mar 13, 1985

The victim’s statement clearly is relevant to the case. … The court was careful to qualify that statement in United States v.

State v. Moen

309 Or. 45 · Oregon Supreme Court · Jan 11, 1990

This judicial conduct establishes a new and potentially mischievous precedent which I can not join. Accordingly, I dissent from that change in the law. … Chatfield’s adult *119 grandson, who was there, testified to establish the shotgun incident date.

Owens and Owens

307 Or. App. 418 · Court of Appeals of Oregon · Nov 4, 2020

spousal support. “(9) Based on the above factors, spousal maintenance is appropriate so that Wife can enjoy a standard of living not overly disproportionate to the standard of living of the parties as established … “Absent a qualifying change in circumstances, a trial court lacks authority to modify an award of spousal support.” Id.