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JOHNSON v. SAIF

0207-07157; A123541.

122 P.3d 66 (2005)

202 Or. App. 264

John JOHNSON, individually and for all others similarly situated, Appellant, v. SAIF CORPORATION, an Oregon public corporation, and Brenda Rocklin, Respondents.

Court of Appeals of Oregon.

Decided October 19, 2005.

Attorney(s) appearing for the Case

Meagan A. Flynn argued the cause for appellant. With her on the briefs was Preston Bunnell & Stone, LLP.

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

Plaintiff initiated this action under 42 U.S.C. section 1983 against SAIF Corporation (SAIF) and its president and chief executive officer, Rocklin1 (collectively, defendants). He alleges that defendants deprived him of his right to due process under the Fourteenth Amendment to the United States Constitution by terminating his permanent total disability (PTD) benefits without a pretermination hearing. He seeks both damages...

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