ROGERS v. SAYLOR

CC A8409-05447; CA A35289; SC S34838.

760 P.2d 232 (1988)

306 Or. 267

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

Supreme Court of Oregon, In Banc.

Decided July 26, 1988.


Attorney(s) appearing for the Case

Gregory Kafoury, Portland, argued the cause and filed the petition for petitioner on review.

Janet Noelle Billups, Sp. Counsel for Multnomah County Counsel, Portland, argued the cause for respondents on review Saylor, Blackman, Hill and Multnomah County. With her on the response to the petition for review was Laurence Kressel, County Counsel for Multnomah County, Oregon, Portland.

Elden M. Rosenthal, of Rosenthal & Greene, P.C., Portland, filed a brief on behalf of amicus curiae American Civil Liberties Union.

Richard C. Baldwin, of Baldwin & Brischetto, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers' Ass'n.

David B. Williams, Asst. County Counsel, Lane County Office of Legal Counsel, Eugene, filed a brief on behalf of amicus curiae Ass'n of Oregon Counties.

Robert D. Durham, of Durham, Drummonds, Colombo & Smith, Portland, filed a brief on behalf of amicus curiae Oregon Educ. Ass'n.

Jerome Lidz, Asst. Atty. Gen., and Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem, filed a brief on behalf of amicus curiae Dept. of General Services.

(at8s)brief on behalf of amicus curiae Oregon Ass'n of Defense Counsel.


JONES, Justice.

This case presents the question whether the limitations on individual and governmental liability contained in the Oregon Tort Claims Act (OTCA), ORS 30.260 to 30.300, most specifically in ORS 30.270,1 apply to an action which states a claim under the federal civil rights act, 42 U.S.C. § 1983,2 when that federal claim is brought in state court.

Plaintiff's complaint contains two...

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