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MAURI v. SMITH

CC 90-0704234; CA A77516; SC S42635.

929 P.2d 307 (1996)

324 Or. 476

Sergio MAURI, Administrator of the Estate of Noraida Mauri, Deceased, Petitioner on Review, Sergio Mauri, Plaintiff, and Sergio Mauri, Jr., Plaintiff, v. Michael Steven SMITH, Capitol Investigation Company, Ltd.; Eric D. Reiter; John C. Eckhart; William Walker; Nadine L. Bunch; Ernie F. Carneau; William M. Pace; Terry Lorz; and The City of Portland, Respondents on Review. Noraida MAURI, Plaintiff, Sergio Mauri, Petitioner on Review, and Sergio Mauri, Jr., Plaintiff, v. Michael Steven SMITH, Capitol Investigation Company, Ltd.; Eric D. Reiter; John C. Eckhart; William Walker, Nadine L. Bunch; Ernie F. Carneau; William M. Pace; Terry Lorz; and The City of Portland, Respondents on Review.

Supreme Court of Oregon.

Reassigned July 8, 1996.

Decided December 27, 1996.

Attorney(s) appearing for the Case

Robert J. Miller, Sr., of Moomaw, Miller & Hildebrand, Portland, argued the cause for petitioners on review. With him on the petition was Brien Hildebrand.

Harry Auerbach, Deputy City Attorney, Portland, argued the cause and filed the brief for respondents on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.

GRABER, Justice.

The issue before us is whether an entry by police officers into the living room of an apartment occupied by the apartment complex's manager and his wife, in the circumstances presented, permits recovery for the tort of invasion of privacy based on a theory of "intrusion upon seclusion." The trial court granted a directed verdict in favor of defendant police officers and their employer, the City of Portland, on that claim. The Court of Appeals affirmed...

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