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HODGES v. STATE OF OREGON

A8208-05005; CA A29318.

688 P.2d 132 (1984)

70 Or.App. 88

Jeffrey HODGES, Respondent-Cross-Appellant, v. STATE OF OREGON, Appellant, and Multnomah County and John Doe, Respondents-Cross-Respondents.

Court of Appeals of Oregon.

Decided September 26, 1984.

Attorney(s) appearing for the Case

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Thomas K. Elden, Asst. Atty. Gen., Salem.

Rudolph S. Westerband, Asst. County Counsel, Portland, argued the cause for respondents-cross-respondents. With him on the brief was John B. Leahy, County Counsel for Multnomah County, Portland.

Hap Wong, Portland, filed the brief for respondent-cross-appellant.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

Plaintiff sued Multnomah County and the State of Oregon for damages resulting from the alleged negligent failure of a circuit court employe to process promptly an order releasing him from jail. Multnomah County moved to dismiss the complaint as to it on the grounds that circuit court employes are state employes and that only the state could be liable for any damage. The trial court granted Multnomah County's motion.

The case against the...

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