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TENNYSON v. CHILDREN'S SERVICES DIVISION

TC No. A8502-01202; CA A40413; SC S35715, S35716.

775 P.2d 1365 (1989)

308 Or. 80

Michael TENNYSON and Colleen Tennyson, Petitioners On Review/Respondents On Review, v. CHILDREN'S SERVICES DIVISION, a Division of the 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 On Review/Petitioners On Review, 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.

Supreme Court of Oregon, In Banc.

Decided June 13, 1989.

Attorney(s) appearing for the Case

Michael E. Kohlhoff, Wilsonville, filed the petition and argued the cause for petitioners on review/respondents on review Tennysons.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondents on review/petitioners on review Children's Services Div., et al. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

CARSON, Judge.

This action concerns claims for federal civil rights violations and for negligence arising from a decision by child protection workers to remove a child from her home and to initiate a proceeding in juvenile court. The central issue concerns the nature of the immunity to which the individual defendants are entitled under 42 U.S.C. section 1983 (1982).1

Plaintiffs are Michael Tennyson (Father) and Colleen Tennyson...

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