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JOHNSON v. SAIF

(CC 020707157; CA A123541; SC S53734)

164 P.3d 278 (2007)

343 Or. 139

John JOHNSON, individually and for all others similarly situated, Respondent on Review, v. SAIF CORPORATION, an Oregon public corporation, and Brenda Rocklin, Petitioners on Review.

Supreme Court of Oregon.

Decided July 26, 2007.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioners on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Meagan A. Flynn, of Preston Bunnell & Flynn LLP, Portland, argued the cause and filed the briefs for respondent on review.

Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.

BALMER, J.

The central issue before us in this case is whether the State Accident Insurance Fund Corporation (SAIF) may be sued for damages under 42 USC section 1983. Plaintiff filed a section 1983 action seeking damages and injunctive relief against SAIF and its president and chief executive officer (collectively, SAIF or defendant).1 Plaintiff alleged that SAIF had deprived him of his right to due process under the Fourteenth Amendment...

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