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J. M. v. OREGON YOUTH AUTHORITY

A162416.

406 P.3d 1127 (2017)

288 Or.App. 642

J. M., Plaintiff-Appellant, v. OREGON YOUTH AUTHORITY, a state agency; and Gary Lawhead, individually, Defendants-Respondents, and Richard Hill, individually; and Frank James Milligan, individually, Defendants.

Court of Appeals of Oregon.

November 1, 2017.

Attorney(s) appearing for the Case

Dennis Steinman , Portland, argued the cause for appellant. With him on the briefs was Scott J. Aldworth.

Peenesh Shah , Assistant Attorney General, argued the cause for respondents. With him on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Ortega, Presiding Judge, and Garrett, Judge, and Powers, Judge.

The sole issue in this appeal is whether the trial court erred by declining to follow the Oregon Supreme Court's rule that the two-year statute of limitations begins to run on a claim under 42 USC section 1983 when the claim is discovered. In reliance on cases from the lower federal courts, the trial court concluded that the statute...

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