BRADFORD v. DAVIS

No. A7810-16902; CA 14381.

611 P.2d 326 (1980)

46 Or.App. 213

Phillip Warren BRADFORD, a/k/a Phillip Groner, by and through His Guardian Ad Litem, David H. Williams, Appellant, v. Richard A. DAVIS, Individually and in His Capacity As Director of the Oregon Department of Human Resources; Children's Services Division; J.N. Peet, Individually and in His Capacity As Administrator of the Oregon Children's Services Division; Gordon Gilbertson, in His Capacity As Former Administrator of the Family and Children's Services Department of the Public Welfare Division; Barbara Davis Spencer, Individually and in Her Capacity As Manager of the Adoption Unit of Children's Services Division; Lewis L. Winchester, Individually and in His Capacity As Former Director of Children's Services Model Cities District and the Albina Branch of Children's Services Division; Ruth Cahill, Individually; Roy Odrin, Individually and in His Capacity As Albina Branch Manager for Children's Services Division; Mike Beaver, Individually and in His Capacity As Supervisor, Albina Branch of Children's Services Division; Monica Bacon, Individually and in Her Capacity As Caseworker, Community Resources Branch of Children's Services Division; Linda Beachell, Individually and in Her Capacity As Caseworker, Albina Branch of Children's Services Division; Rosemarie Orange, Individually and in Her Capacity As Social Worker, Albina Branch of Children's Services Division; Mary L. Carson, Individually and in Her Capacity As Caseworker, Albina Branch of Children's Services Division; Virginia Freeland, Individually; and the State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided May 19, 1980.


Attorney(s) appearing for the Case

Alan E. Baily, Legal Aid Service, Portland, Robert L. Walker, Nat. Center For Youth Law, San Francisco, Cal., argued the cause for appellant. With them on the briefs were Michael H. Marcus, Legal Aid Service, Portland, Julie H. McFarlane, Certified Law Student, Legal Aid Service, Portland, and Abigail English, Nat. Center For Youth Law, San Francisco, Cal.

Jan K. Kitchel, Portland, argued the cause for respondents. With him on the brief were Ridgeway K. Foley, Jr., Kenneth E. Roberts, and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.


ROBERTS, Judge.

Plaintiff seeks to recover for physical and emotional injuries allegedly suffered while he was in the legal custody of the Children's Services Division of the Department of Human Resources (CSD). This is an appeal from an order of the trial court allowing defendant's demurrer and dismissing plaintiff's complaint. Following is a summary of the facts as they are alleged in the complaint.

Plaintiff, who was 17 years old when suit was filed on...

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