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ROGERS v. SAYLOR

A8409 05447; CA A35289.

746 P.2d 718 (1987)

88 Or.App. 480

Lonnie ROGERS, Appellant, v. Sam SAYLOR, John Blackman, Jerry R. Hill, Robert Peterson, Multnomah County, and City of Gresham, Respondents, Harold R. Boehmer, Defendant.

Court of Appeals of Oregon, In Banc.

Decided December 9, 1987.

Resubmitted October 7, 1987.

Reconsideration Denied February 5, 1988.

Attorney(s) appearing for the Case

Gregory Kafoury, Portland, argued the cause and filed the briefs for appellant.

Noelle Billups, Portland, argued the cause for respondents. With her on the briefs was John B. Leahy, County Counsel for Multnomah County, Oregon.

Elden M. Rosenthal and Rosenthal & Greene, P.C., Portland, filed a brief amicus curiae for ACLU Cooperating Attorney.

Resubmitted in banc October 7, 1987.

JOSEPH, Chief Judge.

In this action, which is generally subject to the Oregon Tort Claims Act (OTCA), ORS 30.260 to ORS 30.300, plaintiff asserts a violation of 42 U.S.C. § 1983.1 He alleges in his first claim that, on September 19, 1982, defendants Saylor, Blackman, Hill, Boehmer and Peterson physically and verbally assaulted him, in violation of his rights under the Fourth, Fifth and...

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