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TENNYSON v. CHILDREN'S SERVICES DIVISION

A8502-01202; CA A40413.

762 P.2d 333 (1988)

93 Or.App. 366

Michael TENNYSON and Colleen Tennyson, Appellants, v. CHILDREN's SERVICES DIVISION, a Division of Department of Human Resources of the State of Oregon; and Evelyn Goldsby and Vern Welter, Individually and in Their Official Capacity As Agents of the Children's Services Division, Respondents, and Multnomah County, a Political Subdivision of the State of Oregon, and Robert Walliker, Individually, and in His Official Capacity As a Detective, Multnomah County Sheriff's Department, Defendants.

Court of Appeals of Oregon.

Decided October 12, 1988.

Reconsideration Denied November 25, 1988.

Attorney(s) appearing for the Case

Michael E. Kohlhoff, Wilsonville, argued the cause and submitted the briefs for appellants.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Plaintiffs brought this action for negligence and violation of their civil rights under, respectively, the Oregon Tort Claims Act (OTCA), former ORS 30.260 et seq, and 42 U.S.C. § 1983. They allege that defendants violated their constitutional rights to freedom of speech under the First and Fourteenth Amendments, equal protection and due process under the Fifth and Fourteenth Amendments and the rights reserved to them under the Ninth...

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