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OR. STATE POLICE OFFICERS ASS'N v. STATE

TC A8508-05041; CA A46148; SC S35924.

783 P.2d 7 (1989)

OREGON STATE POLICE OFFICERS ASSOCIATION INC., an Oregon Corporation, and Stephen Beck, Respondents On Review, v. STATE of Oregon, Oregon Department of State Police, and Emil Brandaw, Superintendent of State Police, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided November 30, 1989.

Reconsideration Denied January 11, 1990.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for petitioners on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

James S. Coon, Portland, argued the cause for respondents on review. With him on the response was Imperati, Barnett, Sherwood & Coon, P.C., Portland.

VAN HOOMISSEN, Justice.

The primary issue in this case is whether the political activity clause of ORS 181.400(2) violates Article I, section 8, of the Oregon Constitution. It does. A secondary issue is whether plaintiffs are entitled to attorney fees as prevailing parties because they also pled a claim under 42 U.S.C. § 1983. They are not.

I.

ORS 181.400(2) provides in part:

"Notwithstanding any other law, no member of the state police...

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