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J. M. v. OREGON YOUTH AUTHORITY

(CC 14C15773) (SC S065487).

434 P.3d 402 (2019)

364 Or. 232

J. M., Respondent on Review, v. OREGON YOUTH AUTHORITY, a State Agency; and Gary Lawhead, Individually, Petitioners on Review, and Richard Hill, Individually; and Frank James Milligan, Individually, Defendants.

Supreme Court of Oregon.

January 17, 2019.

Attorney(s) appearing for the Case

Peenesh Shah , Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioners on review. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Dennis Steinman , Kell, Alterman & Runstein, LLP, Portland, argued the cause and filed the brief for respondent on review. Also on the brief was Scott J. Aldworth.

Kristian Roggendorf , Vial Fotheringham LLP, Lake Oswego, filed the brief for amici curiae National Center for the Victims of Crime and Oregon Trial Lawyers Association.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, and Nelson, Justices, and Kistler, Senior Justice pro tempore.

Sixteen years after he had been sexually abused by an Oregon Youth Authority (OYA) employee, plaintiff initiated this action. At issue on review is plaintiff's 42 USC section 1983 claim against defendant Lawhead, former superintendent of the OYA facility where the abuse had occurred. Plaintiff alleged that defendant had violated his...

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