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EASTON v. HURITA

No. C-79-6-65; CA 16874; SC 27346.

625 P.2d 1290 (1981)

290 Or. 689

Thomas EASTON, Petitioner, v. Robert E. HURITA, Respondent.

Supreme Court of Oregon.

Argued and Submitted January 7, 1981.

Attorney(s) appearing for the Case

Thomas Easton, Willamina, in pro per.

William Gary, Deputy Sol. Gen., Salem, argued the cause for respondent. With him on the brief were James E. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and Patrick N. Rothwell, Certified Law Student, Salem.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, PETERSON and TANZER, JJ.

TONGUE, Justice.

This is an action for damages for false imprisonment arising as a result of plaintiff's arrest for a minor traffic offense. It presents the question whether a police officer who stops a person for a minor traffic offense can not only place that person under arrest, but also put him in jail, rather than give him a citation and then release him, when the maximum penalty for the infraction is a fine of $250.

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