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NELSON v. LANE COUNTY

No. 16-83-05689; CA A32607.

720 P.2d 1291 (1986)

79 Or.App. 753

Lynda NELSON, Appellant, v. LANE COUNTY, David Burks, Department of State Police, John C. Williams, K.E. Chichester and Richard Geistwhite, Respondents.

Court of Appeals of Oregon.

Decided June 11, 1986.

Reconsideration Denied August 15, 1986.

Attorney(s) appearing for the Case

Robert D. Durham, Portland, for appellant. With him on briefs were Kulongoski, Durham, Drummonds & Colombo, Portland, American Civil Liberties Union, and Harry T. Carp as co-counsel with Robert D. Durham.

John F. Kilcullen, Eugene, for respondents Lane County and David Burks. With him on brief was Flinn, Brown & Roseta, Eugene.

Richard D. Wasserman, Asst. Atty. Gen., Salem, for respondents Department of State Police, John C. Williams, K.E. Chichester, and Richard Geistwhite. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and GILLETTE, J. Pro Tem.

JOSEPH, Chief Judge.

Plaintiff was stopped and detained at a police roadblock that was conducted to apprehend persons driving under the influence of intoxicants (DUII). She brought this action for damages and injunctive and declaratory relief, contending that the stop and detention violated her statutory and federal and state constitutional rights. The trial court allowed defendants'1 motions...

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