Case law

Douglas v. Young

District Court, D. Oregon · Jul 29, 2025

At minimum, Defendant Sundquist is entitled to qualified immunity. … “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.” White v.

Thomason v. Kitzhaber

217 F. Supp. 2d 1112 · District Court, D. Oregon · Aug 2, 2002

Puerini is entitled to qualified immunity. *1115 1. Claim Preclusion Defendants contend that plaintiffs present complaint is precluded by earlier state court litigation. … Because of this disposition, I decline to address defendants’ qualified immunity argument. CONCLUSION Defendants’ motion for summary judgment (# 32) is GRANTED.

Frye v. Public Employes Retirement System

67 Or. App. 617 · Court of Appeals of Oregon · Apr 11, 1984

statutes do not provide for return of contributions to a judge who has not qualified for benefits. … some rights to recover the contributions of judges who do not qualify for benefits.

Padrick v. Lyons

277 Or. App. 455 · Court of Appeals of Oregon · Apr 13, 2016

Summit held itself out to its clients as a qualified intermediary that would keep clients’ money while they concluded their qualifying 1031 transactions. … Schrock, 341 Or 338 , 142 P3d 1062 (2006), may be conduct subject to immunity.

Doe v. Wright

District Court, D. Oregon · Oct 16, 2023

Callahan, 555 U.S. 223, 227 (2009)) (noting that a qualified immunity analysis may first address whether the asserted right was clearly established—particularly where “‘it is plain that a constitutional right is not clearly … In a qualified immunity analysis, the plaintiff “bears the burden of showing that the right at issue was clearly established.” Alston v. Read, 663 F.3d 1094, 1098 (9th Cir. 2011).

Moro v. State of Oregon

357 Or. 167 · Oregon Supreme Court · Apr 30, 2015

See ORS 238.600(1) (“It is the intent of the Legislative Assembly that [PERS] be qualified and maintained under sections 401(a), 414(d) and 414(k) of the Internal Revenue Code as a tax-qualified defined benefit governmental … Thus, the legislature clearly intended that the 1995 offset would not be contractual.

State ex rel. Travis v. Imbler

236 Or. 493 · Oregon Supreme Court · Mar 4, 1964

Judge Higgins was elected to the office of county judge of Hood River county at the general election held November 8, 1960, qualified, and ever since has been the occupant of the office. … Jackson County, 177 Or 200, 211 , 161 P2d 782 , “the term of his office and the immunity of his salary from reduction during his term of office were protected by Article VII, § 1.”

Ann Sacks Tile Stone v. Dept. of Revenue, Tc 4879 (or.tax 11-29-2011)

Oregon Tax Court · Nov 29, 2011

On the one hand, Pub L No 86-272 clearly recognizes that taxpayers may undertake *Page 10 activities in a state through an independent contractor. The statute expressly immunizes certain, but only certain, activities. … In fact, by specifying certain activities that will not cause loss of immunity, the statute clearly implies that some independent contractor activities will result in loss of immunity.

Zockert v. Fanning

310 Or. 514 · Oregon Supreme Court · Nov 8, 1990

ASSISTANCE OF COUNSEL The pioneers who adopted the Oregon Constitution clearly had in mind that assistance of counsel was among the privileges of Oregon citizenry. 7 Events since statehood only reinforce the strength of entitlement … We conclude that the scope of the constitution’s qualifying words, “upon the same terms,” in the context *522 of this case, would cover all parents threatened by permanent termination of parental rights.

Draper v. Astoria School District No. 1C

995 F. Supp. 1122 · District Court, D. Oregon · Feb 12, 1998

Qualifíed Immunity The individual defendants contend they are entitled to qualified immunity from the § 1983 claim. … Since defendants bear the burden of establishing their entitlement to qualified immunity, Collins v.

George v. City of Portland

114 Or. 418 · Oregon Supreme Court · Mar 18, 1925

lawful business, the management of which might be injurious to the public, may be regulated so as to limit the place or to prescribe the manner in which it shall be conducted, provided that in doing so no privileges or immunities … This freedom, however, is not an absolute, but a qualified right, and is, therefore, subject to reasonable restraint in the interest of the public welfare.” 12 C. J. 1200.

Bean v. Duarte

District Court, D. Oregon · Feb 12, 2024

Defendant is Entitled to Qualified Immunity Even if Heck did not bar Plaintiff’s claim, Defendant is entitled to summary judgment on grounds of qualified immunity. … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Laizure v. Washington County

District Court, D. Oregon · Nov 18, 2019

A plaintiff can overcome qualified immunity by establishing that “(1) the official violated a statutory or constitutional right, and (2) the right was ‘clearly established’ at the time of the challenged conduct.” … Because Deputy Tran’s arrest of Laizure violated clearly established law, Deputy Tran is not entitled to qualified immunity.

Kalyton v. Kalyton

45 Or. 116 · Oregon Supreme Court · Dec 14, 1903

thus rendering them self-supporting and partially qualified to compete with the Caucasian race. … of their minds, followed by cohabitation, and, under the rule announced, established the existence of a valid marriage.

Weaver v. Lane County

10 Or. App. 281 · Court of Appeals of Oregon · Aug 10, 1972

We agree that evidence clearly established that defendant Attig was engaged in the performance of discretionary functions here, and that he was immune from suit. … This cause of action is based on negligence and is an exception to the common-law immunity of a governmental body. Ogle v.

City of Eugene v. Miller

318 Or. 480 · Oregon Supreme Court · Apr 7, 1994

Even structures and activities unquestionably devoted to constitutionally privileged purposes such as religion or free expression are not immune from regulations imposed for reasons other than the substance of their particular … Robertson, 293 Or 402 , 649 P2d 669 (1982), this court established a basic framework for determining whether a law violates Article I, section 8.

State v. Orueta

343 Or. 118 · Oregon Supreme Court · Jul 19, 2007

ORS 807.040(l)(g) provides that, in applying for an original commercial driver’s license, “the person must submit to the department, in a form approved by the department, the report of a medical examination that establishes … One of those requirements is that the applicant possess a current medical certificate showing that he or she is physically qualified to drive a commercial motor vehicle.

Berning v. Gooding

643 F. Supp. 26 · District Court, D. Oregon · Jan 7, 1986

The allegation that defendants caused the establishment of the saleable percentages as agreed without notice is also insufficient. … Since the Act was intended to eliminate such imbalances between supply and demand, the volume regulation recommendation provisions of the order have clearly failed. 50 Fed.Reg. 26997, 26998 (1985).

Lowrimore v. Dimmitt

99 Or. App. 192 · Court of Appeals of Oregon · Oct 25, 1989

ORS 820.300(2)(a) qualifies those privileges by imposing on the driver a duty to drive with due regard for the safety of others. … Whether it is the initial decision to begin the chase or a failure to discontinue the chase at some point, the pursuing officer’s decision is discretionary and, therefore, immune under the Oregon Tort Claims Act, even when

Guard Publishing Co. v. Lane County School District No. 4J

96 Or. App. 463 · Court of Appeals of Oregon · May 10, 1989

Such a file, with its evaluations, possible reprimands, etc., is clearly exempt from disclosure. … Because the addresses of replacement coaches do not constitute “personal information,” plaintiff argues, they do not qualify for the exemption.