Eugene, Oregon personal injury lawyers represented the Plaintiff who sued the defendants on prisoner civil rights theories under 42 U.S.C. 1983.


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 Baske... More...    $0 (10-20-2023 - OR)

Portland, Oregon personal injury lawyer represented Plaintiff, who sued Defendant claiming that her civil rights were violated by Defendants.


The panel denied a motion for attorney's fees sought pursuant to 42 U.S.C. § 1988 following the panel's decision, in an unpublished disposition, affirming the denial of qualified immunity to a deputy sergeant who allegedly violated plaintiff... More...    $0 (06-08-2022 - OR)

Appellant Gold Medal LLC d/b/a Run Gum (Run Gum)
appeals the district court’s order dismissing its complaint.
Run Gum alleged that Appellees USA Track & Field
(USATF) and the United States Olympic Committee
(Olympic Committee) engaged in an anticompetitive
conspiracy in violation of antitrust law by imposing
advertising restrictions during the Olympic Trials for track
a... More...    $0 (08-09-2018 - OR)

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 remaining... More...    $0 (07-05-2018 - OR)

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.
I
A
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 cha... More...    $0 (09-29-2017 - OR)

Petitioner was found guilty by a jury of two counts
of aggravated murder, one count of intentional murder,
and a number of other crimes. He sought post-conviction
relief on a variety of claims. The post-conviction court
denied relief on all of petitioner’s claims involving the guilt
phase of petitioner’s criminal trial but granted relief on
his penalty-phase claims and void... More...    $0 (03-01-2017 - OR)

Plaintiff was seriously injured when he was hit by
a car while crossing South Riverside Avenue at its intersection
with Ninth Street in Medford. There are no traffic signals
controlling that intersection, but the City of Medford
has installed a crosswalk across South Riverside Avenue on
the south side of the intersection. Plaintiff was in that crosswalk
when he was hit, and... More...    $0 (03-29-2017 - OR)

Oregon requires that foreign corporations doing
business in this state appoint a registered agent to receive
service of process. ORS 60.731(1).1 The primary question
that this case presents is whether, by appointing a registered
agent in Oregon, defendant (a foreign corporation)
impliedly consented to general jurisdiction here—that is,
whether defendant consented to have Or... More...    $0 (03-02-2017 - OR)

In reviewing a denial of a motion for judgment of acquittal, we describe the pertinent facts and all reasonable inferences that may be drawn from those facts in the light most favorable to the state. State v. Walker, 356 Or 4, 6, 333 P3d 316 (2014). In this case, defendant’s son and estranged wife went to defendant’s house to pick up his son’s backpack before school. While defendant’s wife and son... More...    $0 (09-17-2015 - OR)

Judgment in favor of the State of Oregon and City of
Depoe Bay reversed and remanded; otherwise affirmed.
As plaintiff was travelling north on State Highway 101 in the City of Depoe
Bay, his motorcycle collided with defendant Colip’s automobile, which had
entered the highway from the east on a road owned by Lincoln County. Plaintiff
was severely injured in the accident and, m... More...    $0 (04-15-2015 - OR)

Defendant, who was convicted after a jury trial of
two counts of first-degree sexual abuse, ORS 163.427, and
one count of second-degree sodomy, ORS 163.395, appeals.
He asserts that the trial court erred in denying his motion
to suppress evidence, and in denying his motion for a mistrial
made during the prosecutor’s closing argument. He
also argues that nonunanimous jury ... More...    $0 (03-18-2015 - OR)

Plaintiffs brought this medical malpractice action to recover for injuries that their son sustained during delivery.

On review, the issues are whether ORCP 59 H limits an appellate court’s ability to review objections to a trial court’s instructional rulings and whether a statutory cap on noneconomic damages constitutionally can be applied to actions brought by children injured during b... More...    $0 (09-26-2013 - OR)

We agreed to hear this case en banc to clarify whether the
statute of limitations in 28 U.S.C. § 2401(b) of the Federal
Tort Claims Act (“FTCA�) may be equitably tolled. We hold
that § 2401(b) is not “jurisdictional,� and that equitable
tolling is available under the circumstances presented in this
case.
I. BACKGROUND
A. Statutory Background
The FTCA conta... More...    $0 (10-09-2013 - OR)

2 After drinking past the point of intoxication at defendant's bar, plaintiff
3 attempted to drive home and was severely injured when she entered an interstate highway
4 driving in the wrong direction and collided with another car. She brought this action
5 against the bar, alleging negligence for having served her "when she had already
6 consumed excessive quantities of alcohol," ... More...    $0 (05-15-2013 - OR)

2 This case is before the court on certified questions of Oregon law from the 3 United States Court of Appeals for the Ninth Circuit (Ninth Circuit). See generally ORS 4 28.200 to 28.255 (granting authority to answer certified questions and describing 5 procedure). The questions arise out of an action for personal injury brought in federal 6 district court against defendant Boyle and his employer,... More...    $0 (03-15-2013 - OR)

2 Plaintiff, who ran a convenience store, was accused of stealing from that
3 store and was arrested for theft. After the charges were eventually dismissed, he brought
4 this tort action against defendant, an attorney who represented the store, alleging claims
5 for false imprisonment, malicious prosecution, and abuse of process--each claim arising
6 out of defendant's alleged part... More...    $0 (02-21-2013 - OR)

The complaint alleges that employees in Oregon State University’s Facilities Department gathered up the outdoor newsbins belonging to the Liberty, a conservative student monthly, and threw them in a heap by a dumpster in a storage yard. The employees acted pursuant to an unwritten and previously unenforced policy governing newsbins on campus. They did not notify anyone at the Liberty before conf... More...    $0 (10-24-2012 - OR)

During the 2004 presidential campaign, Plaintiff-Appellees, Michael Moss and others who opposed President Bush (“protestorsâ€� or “anti-Bush protestorsâ€�), organized a demonstration at a campaign stop in Jacksonville, Oregon. They contend that Secret Service agents, Defendant-Appellants Tim Wood and Rob Savage (“agentsâ€� or “Secret Service agentsâ€�), engaged in unconstitutional viewpoin... More...    $0 (04-09-2012 - OR)

2 Plaintiff brought a civil action against Washington County Deputy Sheriff
3 Henningsen and Washington County, asserting that Henningsen had arrested her without
4 probable cause. Plaintiff's claim against defendant Henningsen, brought pursuant to 42
5 USC section 1983, was that he violated her Fourth Amendment right to be free from
6 unreasonable seizures. Plaintiff's claim again... More...    $0 (02-08-2012 - OR)

2 Plaintiff appeals from a limited judgment dismissing with prejudice all of
his claims against defendant Swanson Group, Inc.1 3 The trial court granted defendant's
4 motion for summary judgment on the ground that defendant is exempt from liability
5 under the exclusive remedy provision, ORS 656.018, of the workers' compensation law.
6 According to plaintiff, the exclusive remedy p... More...    $0 (02-29-2012 - OR)

Eighteen-year-old Lukus Glenn was shot and killed in his driveway by Washington County police officers. His mother had called 911 for help with her distraught and intoxicated son after Lukus began threatening to kill himself with a pocketknife and breaking household property. Within four minutes of their arrival, officers had shot Lukus with a “less-lethalâ€� beanbag shotgun, and had fatally sho... More...    $0 (12-27-2011 - OR)

2 While running to prevent a child from falling into the water at a city
3 swimming pool, plaintiff slipped on a "splash pad" and slid into a slightly elevated
4 fountain fixture, seriously injuring her ankle. She brought this negligence action against
5 defendant, the City of Bend Metropolitan Park and Recreation District, alleging four
specifications of negligence.1 6 Two dealt w... More...    $0 (12-14-2011 - OR)

Eighteen-year-old Lukus Glenn was shot and killed in his driveway by Washington County police officers. His mother had called 911 for help with her distraught and intoxicated son after Lukus began threatening to kill himself with a pocketknife and breaking household property. Within four minutes of their arrival, officers had shot Lukus with a “less-lethalâ€� beanbag shotgun, and had fatally sho... More...    $0 (11-04-2011 - OR)

2 This case concerns the proper application of stare decisis and requires us to
3 decide whether Collins v. Farmers Ins. Co., 312 Or 337, 822 P2d 1146 (1991), is still
4 good law. In Collins, this court held that an exclusion in a motor vehicle liability
5 insurance policy that purported to eliminate all coverage for a claim by one insured
6 against another insured under the same p... More...    $0 (09-09-2011 - OR)

2 Plaintiff conducted a rabbit breeding operation on property located in
3 Jackson County. In 2001, plaintiff pleaded no contest to animal abuse, and, in
4 conjunction with the criminal proceedings, the county seized her rabbits. The county
5 housed, treated, and fed the rabbits before declaring them abandoned, at which point the
6 county gave them away. In 2003, plaintiff filed an... More...    $0 (07-27-2011 - OR)

This case requires us to address an issue left open in Harris v. Suniga, 344 Or 301, 313, 180 P3d 12 (2008): Whether a claim for property damage arising from construction defects may lie in tort, in addition to contract, when the homeowner and builder are in a contractual relationship. Plaintiffs hired defendants(1) to build their house. Plaintiffs eventually discovered extensive water damage to t... More...    $0 (03-10-2011 - OR)

Plaintiff was severely injured while riding his snowmobile on defendant's land. Plaintiff appeals a judgment that dismissed his negligence action on summary judgment on alternative theories. First, the trial court concluded that defendant was immune from liability under ORS 105.682(1) because plaintiff's injuries arose out of his use of defendant's land for a recreational purpose. Second, the tria... More...    $0 (02-02-2011 - OR)

Plaintiffs, John Brehm (Brehm) and his wife, Mishel Brehm, appeal a limited judgment dismissing with prejudice their negligence, Oregon Employer Liability Law, and loss of consortium claims against defendant Copeland Sand & Gravel, Inc.(1) They assign error to the trial court's granting of defendant's motion for summary judgment on the ground that plaintiffs' claims were barred by the exclusive l... More...    $0 (05-12-2010 - OR)

Plaintiff brought common-law claims against defendants for wrongful discharge, breach of contract, intentional infliction of emotional distress, and intentional interference with economic relations, and brought statutory claims of employment discrimination, ORS 659A.230 (whistleblowing),(1) and blacklisting, ORS 659.805.(2) This is an interlocutory appeal of an order denying defendants' motion t... More...    $0 (03-03-2010 - OR)

Plaintiff was injured as the result of treatment he received while a patient at Oregon Health and Science University (OHSU). He brought this action against two of his physicians as well as OHSU and OHSU Medical Group (Medical Group), the latter two in their capacity as the physicians' employers. A jury returned a verdict in favor of one of the physicians, but found that the other, West, was negl... More...    $0 (02-10-2010 - OR)

We are asked to decide whether the actions of a child protective services caseworker and deputy sheriff, understandably concerned for the well-being of two young girls, exceeded the bounds of the constitution. Specifically, the girls’ mother, Sarah Greene, alleges, on behalf of S.G., one of her children, that the caseworker, Bob Camreta, and deputy sheriff, James Alford, violated the Fourth Amen... More...    $0 (12-11-2009 - OR)

This case concerns a landlord's liability for harm to a tenant's guest caused by the dangerous condition of a tenant improvement to leased property. Plaintiff was seriously injured when he fell while descending stairs to the entrance of a manufactured dwelling. The dwelling was situated in a leased space in a mobile home park. Plaintiff filed negligence claims against Archuleta, the owner of th... More...    $0 (11-18-2009 - OR)

This is a legal malpractice action in which plaintiff contends that defendant, his former attorney, negligently handled his personal injury action by failing to assert claims against the owner of the land where the injury occurred. The trial court concluded that the owner of the land was immune from liability for injuries that arose out of the use of its property for recreational purposes and tha... More...    $0 (10-07-2009 - OR)

A landowner is immune from suit for injuries that arise out of the recreational use of its land when the owner "permits any person to use the land for recreational purposes[.]" ORS 105.682(1). However, that immunity applies only if the landowner "makes no charge for permission to use the land[.]" ORS 105.688(2)(a). In this action for injuries arising out of plaintiffs' use of a state park, the... More...    $0 (10-07-2009 - OR)

In 2005, plaintiff was injured when his motorcycle collided with a vehicle driven by Mathias, a pizza delivery driver.(1) At the time of the accident, Mathias was employed by and was delivering pizzas for Zzeeks Pizza & Wings, Inc. (Zzeeks), doing business as one of approximately 4,500 franchises of Domino's Pizza, LLC (Domino's). Plaintiff subsequently filed this negligence action against Mathi... More...    $0 (09-02-2009 - OR)

Defendant Farmers Insurance Company appeals a supplemental judgment awarding attorney fees to plaintiff, its insured, after plaintiff prevailed in an action for payment of uninsured motorist (UM) benefits. Plaintiff cross-appeals, seeking additional fees. The question before us on appeal is whether a dispute concerning the enforceability of a release is an issue that relates only to "damages"; i... More...    $0 (08-20-2009 - OR)

The decision of the Court of Appeals is reversed. The judgment of the circuit court is reversed, and the case is remanded to the circuit court for further proceedings.

*Appeal from Multnomah County Circuit Court, Bruce Hamlin, Judge pro tempore. 218 Or App 375, 180 P3d 185 (2008).

BALMER, J.

This tort case requires us to determine the meaning of the word "agent" for purposes ... More...    $0 (04-16-2009 - OR)

Plaintiff Capital Credit & Collection Services, Inc., a debt collector, brought this action to collect $3,990.57 in principal, interest, and attorney fees on a guaranty of a student loan that defendant signed for a friend, Armani. (1) Plaintiff alleged that it had been assigned a claim for the principal of the loan by the creditor, United States National Bank (US Bank). Defendant's amended answe... More...    $0 (04-22-2009 - OR)

We must decide whether the Communications Decency Act of 1996 protects an internet service provider from suit where it undertook to remove from its website material harmful to the plaintiff but failed to do so.

I

This case stems from a dangerous, cruel, and highly indecent use of the internet for the apparent purpose of revenge.1 In late 2004, Cecilia Barnes broke off a lengthy relat... More...    $0 (05-07-2009 - OR)

In this case, we consider a county's claim of immunity from civil liability under ORS 30.265(3)(c), Oregon's discretionary immunity statute.

Plaintiff Hughes was driving his motorcycle on Cherry Heights Road, a county road in Wasco County, when defendant Wilson drove out of a private driveway and the two vehicles collided. Plaintiff(1) brought a personal injury action against Wilson, alleg... More...    $0 (12-18-2008 - OR)