BENSON v. STATE OF OREGON

0108-07955; A119452.

100 P.3d 1097 (2004)

196 Or. App. 211

Roger BENSON, Respondent, v. STATE of Oregon, Appellant, and County of Lane, Defendant.

Court of Appeals of Oregon.

Decided November 10, 2004.


Attorney(s) appearing for the Case

Judy Lucas, Assistant Attorney General, argued the cause for appellant. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Charles Carreon, Ashland, argued the cause and filed the brief for respondent. With him on the brief was Online Media Law, PLLC.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.


SCHUMAN, J.

Oregon officials provided California officials with a criminal history report erroneously indicating that plaintiff was a thrice-convicted felon. That error caused California officials wrongly to incarcerate plaintiff for 43 days, leading to this negligence action. At trial, both plaintiff and the state moved for a directed verdict on the issue of whether plaintiff had given the state timely notice of his impending...

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