Oregon 1983 Law
Jose Artemio Carmona-Perez v. City of Salem, et al.
Eugene, Oregon personal injury lawyers represented the Plaintiff who sued the defendants on prisoner civil rights theories under 42 U.S.C. 1983.<br> <br> <br> This action arises from an encounter between Jose Artemio Carmona-Perez and police officers on February 28, 2018, in Salem, Oregon. Plaintiff Carmona-Perez ("Plaintiffâ€) filed suit against Defendants City of Salem, Sergeant Michael Bas... More...
$0 (10-20-2023 - OR)Darcee Thomason v. State of Oregon, et al.
Eugene, Oregon civil rights lawyers represented the Plaintiff who sued the Defendants on civil rights violation theories under 42 U.S.C. 1983.<br> <br> This case was filed in the Marion County Circuit Court, 22CV39657, and was removed to federal court by the Defendants.<br> <br> "Section 1983 of Title 42 of the United States Code (42 U.S.C. § 1983) is a federal law that allows individuals to su... More...
$0 (10-20-2023 - OR)Jacklyn Hyonk Lee and Jongbum Pak v. U.S. Citizenship and Immigration Service
Portland, Oregon immigration lawyer represented Plaintiffs, who sued Defendants on an Administration Procedure Act and due process violation theories.<br> <table><br> <h1><br> <center><br> <P><br> <img width="300" src="http://www.morelawtv.com/wp-content/uploads/2020/08/Portland_OR_Fed.png" alt="Federal Courthouse - Porland, Oregon"><br> <P><br> Federal Courthouse - Portland, Oregon<br> <P><br> <a... More...
$0 (02-21-2023 - OR)Cindy Saban, Jeffrey Dean Saban and Corey Saban v. Lake Oswego Police Department and Mark Anderson
Portland, Oregon personal injury lawyer represented Plaintiffs, who sued Defendants on civil rights violation theories under 42 U.S.C. 1983 claiming to have suffered $3.2 million in damages and/or injuries as a direct result of the violation of their constitutional rights.... More...
$0 (10-30-2021 - OR)Robynne A. Fauley v. Clackamas County, et al.
Portland, Oregon civil rights lawyer represent Plaintiff who sued the Sheriff of Clackmas County and the county on civil rights violation theories under 42 U.S.C. 1983 claiming $156,000 in damages.<br> <br> This case was initially filed in the Circuit Court, Clackamas County, a19CV11780.... More...
$1 (06-09-2021 - OR)Sarah Meyer and Gail Wooldridge v. State of Oregon
Plaintiffs, Sarah Meyer and Martin Wooldridge, appeal from a general judgment dismissing their action against defendants Oregon State Lottery (the Lottery), Jill Goldsmith, Larry Niswender, Tessa Sugahara, John Kroger, and Craig Durbin.1 Plaintiffs assert five assignments of error. We reject plaintiffs’ fourth assignment of error without written discussion and write only to address their remaini... More...
$0 (07-05-2018 - OR)Angela Johnson Musa v. Dr. Carrie Miles and Dr. Joseph Elia
This appeal involves a dispute over attorney fees in an action on an automobile insurance policy. Plaintiff sued defendant for personal injury protection (PIP) and uninsured motorist (UM) benefits under his automobile insurance policy with defendant after he was involved in a motor vehicle accident with an uninsured driver. The only issues remaining in the case after court-annexed arbitration and ... More...
$0 (07-16-2018 - OR)State of Oregon v. Robert Darnell Boyd
Portland, Oregon - Civil rights lawyer represented Plaintiff, who sued Defendant on civil rights violation theory.<br> <br> The issue in this case is whether police unlawfully interrogated a criminal defendant after he invoked his rights to counsel and against compelled self-incrimination, guaranteed by Article I, section 12, of the Oregon Constitution and the Fifth Amendment to the United States ... More...
$0 (09-22-2017 - OR)State of Oregon v. Robert Darnell Boyd
Defendant, who was convicted of murder, assigns error to the trial court's denial of his motion to suppress statements that he made both before and after his arrest. Defendant raises several arguments—in which he requests plain error review of an unpreserved argument that he received inadequate Miranda warnings—which we have considered and reject without written discussion. We write to discuss... More...
$0 (03-15-2017 - OR)Janell Howard v. City of Coos Bay
We must decide whether the former employee of a City in Oregon may prevail on allegations that it violated the First Amendment and state law by refusing to rehire her.<br> I<br> A<br> Janell Howard served as the Finance Director for the City of Coos Bay (“City”) from 1998 through 2008. On September 16, 2008, after an investigation into whether Howard had shoplifted from Wal-Mart (from which no... More...
$0 (09-29-2017 - OR)Gavin Lee Buck v. Jesus Barragan, a/k/a Chito, et al.
Winter recreation has become increasingly popular in the<br> Deschutes National Forest in Central Oregon, exacerbating<br> parking shortages and on-snow user conflicts between<br> motorized and non-motorized recreationalists. In 2012, the<br> National Forest Service approved the building of Kapka<br> Sno-Park, a parking lot primarily designed for motorized<br> recreationalists, and issued an Envir... More...
$0 (09-08-2017 - OR)United States of America v. $11,500 In United States Currency
This appeal is from a civil forfeiture of $11,500 under<br> 21 U.S.C. § 881(a)(6). The claimant and his wife are heroin<br> addicts, who have been buying and selling drugs for most of<br> their lives. When the claimant, through a friend, tried to post<br> the $11,500 as bail for his wife, the government seized the<br> cash. At trial, the government had two theories: first, that the<br> money was ... More...
$0 (09-06-2017 - OR)David Berger, et al. v. Spokane County, Shawn Audie and Steve Paynter
Spokane, WA - Jury Finds In Favor of Defendants In Excessive Force Wrongful Death Case<br> <br> <br> David Berger and Amber Berger, individually and as representative of the Estate of William Sage Burger sued Spokane County and police officers Shawn Audie and Steve Paynter on civil rights violation theories under 42 U.S.C. 1983 claiming that William Berger was killed as a direct result of the offi... More...
$0 (06-28-2017 - OR)Macadam Bay Homeowners Association v. David Soyster, Joy Soyster and James Idle
Defendants David Soyster, Joy Soyster, and James<br> Idle appeal from a general judgment granting declaratory<br> relief to plaintiff Macadam Bay Homeowners Association<br> (Macadam Bay). On appeal, defendants assign error to the<br> trial court’s grant of Macadam Bay’s motion for summary<br> judgment. Defendants contend that the trial court incorrectly<br> concluded, as a matter of law, that ... More...
$0 (06-01-2017 - OR)Dante R'Marcus Farmer v. Jeff Premo
In this post-conviction relief case, the state1 appeals<br> from a judgment granting petitioner relief on a number of<br> his claims, and remanding the case for a new trial. The state<br> assigns error to the post-conviction court’s rulings on those<br> claims, arguing that petitioner failed to establish, as a matter<br> of law, that he was entitled to relief on any of them. We<br> conclude that... More...
$0 (02-23-2017 - OR)Jack Brockway v. Allstate Property and Casualty Insurance Company
This case involves an insurance dispute between<br> plaintiffs and defendant, Allstate Property and Casualty<br> Insurance Company (Allstate). After a theft at their home,<br> plaintiffs filed claims with Allstate, their insurance carrier,<br> under two policies. More than two years after the loss,<br> Allstate denied coverage for the loss and plaintiffs brought<br> an action against Allstate rela... More...
$0 (03-01-2017 - OR)Jeffrey Dale Tiner v. Jeff Premo
Petitioner was found guilty by a jury of two counts<br> of aggravated murder, one count of intentional murder,<br> and a number of other crimes. He sought post-conviction<br> relief on a variety of claims. The post-conviction court<br> denied relief on all of petitioner’s claims involving the guilt<br> phase of petitioner’s criminal trial but granted relief on<br> his penalty-phase claims and ... More...
$0 (03-01-2017 - OR)Melton J. Jackson, Jr. v. Steve Franke
In this post-conviction proceeding, petitioner challenged,<br> among other things, the adequacy of legal representation<br> he received in conjunction with his underlying criminal<br> trial, in which he was convicted of first-degree sodomy.<br> One of petitioner’s inadequate-assistance claims was based<br> on his lawyer’s failure to object to a diagnosis of sexual abuse<br> in the absence of p... More...
$0 (03-01-2017 - OR)Neal Kaste v. Land O'Lakes Purina Feed, LLC
Plaintiffs Neal and Nancy Kaste operate a dairy<br> farm in Tillamook County, and contracted with defendant,<br> Land O’Lakes Purina Feed LLC, to provide them with feed<br> for their dairy cows. That feed sickened a number of plaintiffs’<br> cows and killed others, causing plaintiffs to incur veterinary<br> expenses to care for the cows as well as other losses.<br> Plaintiffs sued defendant, a... More...
$0 (03-08-2017 - OR)Jesse Brown v. SAIF Corporation
The issue in this workers’ compensation case is<br> whether claimant is entitled to benefits for his “combined<br> condition” claim. Under ORS 656.005(7)(a)(B), a “combined<br> condition” exists when an “otherwise compensable injury”<br> combines with a preexisting condition, and the otherwise<br> compensable injury remains the major contributing cause<br> of that combined condition.... More...
$0 (03-30-2017 - OR)<b>STATE OF OREGON v. LINDA JEAN BONILLA</b>
Police officers entered a residence without a warrant and opened a wooden box that they found in a bedroom, believing that they had lawful consent to take each of those actions. Defendant, who was charged with unlawful possession of a controlled substance based on evidence found in the box, moved to suppress the evidence under Article I, section 9, of the Oregon Constitution, on the ground that th... More...
$0 (01-03-2017 - OR)David VanValkenburg v. Oregon Department of Corrections
Salem, OR - Jury Awards Prison Inmate $400,000 on Civil Rights Claim<br> <br> David VanValkenburg, who is deaf, sued the Oregon Department of Corrections on a civil rights violation theory under 42 U.S.C. 1983 claiming that his rights were violated when prison officials repeatedly denied him a qualified interpreter for prison medical appointments, a prison job and in-custody class between Septembe... More...
$400000 (11-05-2016 - OR)Justin Wilkins v. Rob Edwards
Eugene, OR - Plaintiff wins excessive force claim against Oregon State Trooper<br> <br> Justin Wilkins, age 41, sued Oregon State Police Captain Rob Edwards on a civil rights violation theory under 42 U.S.C. 1983 claiming that the Defendant used excessive force by kicking him in the upper chest after chasing him down by speeding on his motorcycle. He also claimed that Edwards failed to exercise d... More...
$180000 (01-15-2016 - OR)United States of America v. Dwight Lincoln Hammond, Jr., Steven Dwight Hammond
SUMMARY***<br> Criminal Law<br> On appeals by the government, the panel vacated<br> sentences for maliciously damaging the real property of the<br> United States by fire, in violation of 18 U.S.C. § 844(f)(1),<br> and remanded for resentencing, in cases in which the<br> defendants set fires on their ranch land that spread to public<br> land.<br> The panel rejected the defendants’ contention tha... More...
$0 (10-08-2015 - OR)State Of Oregon v. Ashkins
Defendant was charged with first-degree rape, sodomy, and unlawful sexual penetration against his stepdaughter, CS, beginning when CS was approximately 12 years old. The indictment alleged that the crimes occurred between January 1, 2007, and March 23, 2010. The pertinent <br> 1 As the source of his argument, defendant primarily relies on Article I, section 11, of the Oregon Constitution, which p... More...
$0 (09-16-2015 - OR)AT&T Corp. v. Dept. of Rev.
AT&T, the taxpayer, is a global telecommunications company. It provides voice and data telecommunications services over the global AT&T network, which AT&T constructed, maintains, and operates. The network works together as an integrated whole, and it is used to provide all of AT&T’s services at issue. In the United States, the network provides multiple pathways that a call may take, <br> 694 AT... More...
$0 (09-11-2015 - OR)Lee Pacific Properties v. Century Pacific Equity Corporation
Because this is an equitable case, the Court of Appeals, “acting in its sole discretion, may try the cause anew upon the record or make one or more factual findings anew upon the record.” ORS 19.415(3)(b). No party has requested that we exercise our discretion to review de novo. Nevertheless, as explained below, 272 Or App at 635, the trial court’s interpretation of the parties’ settlement... More...
$0 (08-03-2015 - OR)United States of America v. Johnny Brown, a/k/a Mickey
After a five-day trial, a federal jury convicted Johnny<br> Brown of 14 counts of wire fraud, making false statements to<br> a financial institution and tax evasion. While the jury was<br> deliberating, one of the jurors became ill and asked to be<br> excused. Brown requested that the district court seat an<br> alternate juror rather than proceed with 11 jurors. The court<br> denied Brown's reques... More...
$0 (05-01-2015 - OR)Kurtiss Teegarden v. State of Orgeon
Plaintiff, who is a former employee of the State of<br> Oregon—specifically, Oregon Youth Authority—filed a complaint<br> seeking damages from the state and Sid Thompson,<br> the superintendent of MacLaren Youth Correctional Facility<br> where plaintiff had worked (collectively, OYA).1 After OYA<br> moved for judgment on the pleadings pursuant to ORCP 21 B,<br> the trial court conclu... More...
$0 (04-15-2015 - OR)State of Oregon v. Gregory James Tegland
Defendant appeals a judgment of conviction for one<br> count of possession of methamphetamine, ORS 475.894,<br> and one count of erecting a structure on a public right of<br> way, in violation of Portland City Code (PCC) 14A.50.050.<br> He assigns error to the trial court's denial of his motion to<br> suppress evidence found after a police officer lifted a tarp to<br> defendant's makeshift shelter... More...
$0 (02-11-2015 - OR)In the Matter of J.C.N-V, a Youth
Youth appeals a judgment of the juvenile court<br> granting the state's petition to waive youth into circuit<br> court so that he could be tried as an adult on the charge<br> of aggravated murder. Youth, who was 13 years and eight<br> months old at the time of the alleged offense, was made eligible<br> for adult prosecution by ORS 419C.352, which allows<br> for discretionary waiver for 12- to 14-y... More...
$0 (01-22-2015 - OR)State ex rel Mel Stewart v. City of Salem
This matter is before us for a second time. See State<br> ex rel Stewart v. City of Salem, 241 Or App 528, 251 P3d<br> 783 (2011) (Stewart I). Relator, in a mandamus proceeding,<br> appeals from a judgment that, in pertinent part, denied his<br> request for attorney fees incurred in ultimately, successfully<br> obtaining a peremptory writ. ORS 34.210(2). We affirm.1<br> As recounted in Stewart I, ... More...
$0 (01-22-2015 - OR)In the Matter of the Compensation of Lisa R. Davis-Warren, Claimant.
Horizon Air Industries, Inc., petitions for reversal of an order by the 2 Workers' Compensation Board. At issue on review is the board's conclusion that 3 claimant, a flight attendant, suffered a compensable injury arising from an incident 4 aboard one of employer's aircraft. We conclude that substantial evidence supports the 5 board's findings that (1) claimant suffered an "injury" during the cou... More...
$0 (10-15-2014 - OR)Kevin Rains v. Stayton Builders Mart, Inc.
2 Plaintiffs Kevin and Mitzi Rains filed an action against several parties<br> 3 seeking damages for injuries sustained by Kevin when a board on which he was standing<br> 4 broke, causing him to fall 16 feet to the ground. Kevin, who was working as a<br> 5 subcontractor on a construction project, sustained a thoracic T12 vertebrae burst fracture<br> 6 that resulted in paraplegia. Kevin brought cla... More...
$0 (08-13-2014 - OR)Keely Rae Johnson Fuentes v. Mary L. Tillett
2 This consolidated appeal involves interrelated judgments in two separate<br> 3 actions concerning a conservatorship for Allison Fuentes. The first action, the<br> 4 conservatorship proceeding, was commenced in 1999 in the probate court after the death<br> 5 of Allison's mother; Allison's aunt, Mary Tillett, was appointed conservator and guardian<br> 6 ad litem for Allison. In 2008, Allison's sis... More...
$0 (05-21-2014 - OR)Evergreen West Business Center, LLC v. Terry W. Emmert
2 For centuries, the choice between legal and equitable remedies in civil<br> 3 actions has been informed by the shibboleth that equitable relief ordinarily is not<br> 4 available when the claimant has an adequate legal remedy. See, e.g., Norton v. Elwert, 29<br> 5 Or 583, 587, 41 P 921 (1895) (stating principle). This case, which involves alternative<br> 6 legal and equitable claims for damages a... More...
$0 (02-13-2014 - OR)Joan Rice v. Mary Rabb
2 This case requires us to decide whether the six-year statute of limitations<br> 3 applicable to conversion and replevin claims under ORS 12.080(4) incorporates a<br> 4 discovery rule to determine when such claims "accrue" pursuant to ORS 12.010. The<br> 5 Court of Appeals concluded that the limitation prescribed by ORS 12.080(4) begins to<br> 6 run at the time of the wrongful taking of personal ... More...
$0 (01-30-2014 - OR)State of Oregon v. Cinthya Garcia-Cineros
State of Oregon charged Cinthya Garcia-Cineros, age 19, with failing to perform the duties of a driver as result of a fatal high and run accident that resulted in the death of 6-year-old Anna Deiter-Eckerdt and 11-year-old Abigail Robinson. The children were playing in a pile of leaves when they were hit by the car driven by Defendant. The State did not claim that Defendant intentionally ran ove... More...
$0 (01-15-2014 - OR)Montara Owners Association v. La Noue Development, LLC
The dispute here is a familiar one: a construction defect action by a homeowners association against the developer and general contractor, who then filed third-party complaints against the multiple subcontractors. Most, but not all, of the claims settled. The claims of the developer and general contractor, La Noue Development, LLC (La Noue), against several subcontractors went to trial. Although L... More...
$0 (12-04-2013 - OR)Lena Hamlin v. The Wilderville Cemetery Association
2 Plaintiff brought several claims against defendant, a nonprofit corporation<br> 3 that operates Wilderville Cemetery, relating to defendant's burial of her late husband, and<br> 4 now appeals the trial court's award of summary judgment to defendant. Plaintiff and her<br> 5 husband, Donald (collectively, the Hamlins), had purchased a plot in defendant's<br> 6 cemetery, and the lawsuit involves cl... More...
$0 (10-30-2013 - OR)