PATTEN v. STATE

13C13249; A155862.

359 P.3d 469 (2015)

273 Or. App. 476

Michael Van PATTEN, Mark Banks, Carl Ralls, William McGill and Dan Russ, Plaintiffs-Appellants, v. STATE of Oregon and Kelly Ballas, Defendants-Respondents, and Oregon Health Department, Department of Corrections, Oregon State Police and Bruce Goldberg, Defendants.

Court of Appeals of Oregon.

Decided September 2, 2015.


Attorney(s) appearing for the Case

Richard Myers , Portland, argued the cause for appellants. On the briefs were Thomas K. Doyle and Bennett, Hartman, Morris & Kaplan, LLP.

Matthew J. Merritt , Assistant Attorney General, argued the cause for respondents. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before DeVORE, Presiding Judge, and GARRETT, Judge, and SCHUMAN, Senior Judge.


Plaintiffs are state employees who hold state-subsidized health insurance policies administered by the Public Employees' Benefit Board (PEBB). They brought this action against the state and the then-PEBB administrator, Kapowich,1 contending that one aspect of the insurance program, a self assessment questionnaire...

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