immunity doctrine in Oregon

2016As this court explained in McBride v. Magnuson, 282 Or 433, 437 , 578 P2d 1259 (1978), *653 “insofar as an official action involves both the determination of facts and simple cause-and-effect relationships and also the assessment of costs and benefits, the evaluation of relative effectiveness and risks, and a choice among competing goals and priorities, an official has ‘discretion’ to the extent that he has been delegated responsibility for the latter kind of value judgment.” The accepted rationale for providing discretionary-function immunity—separation of powers of coordinate branches of gov

2016As this court explained in McBride v. Magnuson, 282 Or 433, 437 , 578 P2d 1259 (1978), *653 “insofar as an official action involves both the determination of facts and simple cause-and-effect relationships and also the assessment of costs and benefits, the evaluation of relative effectiveness and risks, and a choice among competing goals and priorities, an official has ‘discretion’ to the extent that he has been delegated responsibility for the latter kind of value judgment.” The accepted rationale for providing discretionary-function immunity—separation of powers of coordinate branches of gov

2016As this court explained in McBride v. Magnuson, 282 Or 433, 437 , 578 P2d 1259 (1978), *653 “insofar as an official action involves both the determination of facts and simple cause-and-effect relationships and also the assessment of costs and benefits, the evaluation of relative effectiveness and risks, and a choice among competing goals and priorities, an official has ‘discretion’ to the extent that he has been delegated responsibility for the latter kind of value judgment.” The accepted rationale for providing discretionary-function immunity—separation of powers of coordinate branches of gov

2016As this court explained in McBride v. Magnuson, 282 Or 433, 437 , 578 P2d 1259 (1978), *653 “insofar as an official action involves both the determination of facts and simple cause-and-effect relationships and also the assessment of costs and benefits, the evaluation of relative effectiveness and risks, and a choice among competing goals and priorities, an official has ‘discretion’ to the extent that he has been delegated responsibility for the latter kind of value judgment.” The accepted rationale for providing discretionary-function immunity—separation of powers of coordinate branches of gov

2000Scovill v. City of Astoria, 129 Or App 240, 243 , 878 P2d 1127 , mod 130 Or App 425 , 882 P2d 1126 (1994), affd in part and rev’d in part 324 Or 159 , 921 P2d 1312 (1996); Tennyson v. Children’s Services Division, 93 Or App 366, 381 , 762 P2d 333 (1988), aff'd in part and rev’d in part 308 Or 80 , 775 P2d 1365 (1989).

2000Scovill v. City of Astoria, 129 Or App 240, 243 , 878 P2d 1127 , mod 130 Or App 425 , 882 P2d 1126 (1994), affd in part and rev’d in part 324 Or 159 , 921 P2d 1312 (1996); Tennyson v. Children’s Services Division, 93 Or App 366, 381 , 762 P2d 333 (1988), aff'd in part and rev’d in part 308 Or 80 , 775 P2d 1365 (1989).

2000Scovill v. City of Astoria, 129 Or App 240, 243 , 878 P2d 1127 , mod 130 Or App 425 , 882 P2d 1126 (1994), affd in part and rev’d in part 324 Or 159 , 921 P2d 1312 (1996); Tennyson v. Children’s Services Division, 93 Or App 366, 381 , 762 P2d 333 (1988), aff'd in part and rev’d in part 308 Or 80 , 775 P2d 1365 (1989).

2000Scovill v. City of Astoria, 129 Or App 240, 243 , 878 P2d 1127 , mod 130 Or App 425 , 882 P2d 1126 (1994), affd in part and rev’d in part 324 Or 159 , 921 P2d 1312 (1996); Tennyson v. Children’s Services Division, 93 Or App 366, 381 , 762 P2d 333 (1988), aff'd in part and rev’d in part 308 Or 80 , 775 P2d 1365 (1989).

2000Scovill v. City of Astoria, 129 Or App 240, 243 , 878 P2d 1127 , mod 130 Or App 425 , 882 P2d 1126 (1994), affd in part and rev’d in part 324 Or 159 , 921 P2d 1312 (1996); Tennyson v. Children’s Services Division, 93 Or App 366, 381 , 762 P2d 333 (1988), aff'd in part and rev’d in part 308 Or 80 , 775 P2d 1365 (1989).

2000Scovill v. City of Astoria, 129 Or App 240, 243 , 878 P2d 1127 , mod 130 Or App 425 , 882 P2d 1126 (1994), affd in part and rev’d in part 324 Or 159 , 921 P2d 1312 (1996); Tennyson v. Children’s Services Division, 93 Or App 366, 381 , 762 P2d 333 (1988), aff'd in part and rev’d in part 308 Or 80 , 775 P2d 1365 (1989).

2000Scovill v. City of Astoria, 129 Or App 240, 243 , 878 P2d 1127 , mod 130 Or App 425 , 882 P2d 1126 (1994), affd in part and rev’d in part 324 Or 159 , 921 P2d 1312 (1996); Tennyson v. Children’s Services Division, 93 Or App 366, 381 , 762 P2d 333 (1988), aff'd in part and rev’d in part 308 Or 80 , 775 P2d 1365 (1989).

2000Scovill v. City of Astoria, 129 Or App 240, 243 , 878 P2d 1127 , mod 130 Or App 425 , 882 P2d 1126 (1994), affd in part and rev’d in part 324 Or 159 , 921 P2d 1312 (1996); Tennyson v. Children’s Services Division, 93 Or App 366, 381 , 762 P2d 333 (1988), aff'd in part and rev’d in part 308 Or 80 , 775 P2d 1365 (1989).

2000Scovill v. City of Astoria, 129 Or App 240, 243 , 878 P2d 1127 , mod 130 Or App 425 , 882 P2d 1126 (1994), affd in part and rev’d in part 324 Or 159 , 921 P2d 1312 (1996); Tennyson v. Children’s Services Division, 93 Or App 366, 381 , 762 P2d 333 (1988), aff'd in part and rev’d in part 308 Or 80 , 775 P2d 1365 (1989).

2000Scovill v. City of Astoria, 129 Or App 240, 243 , 878 P2d 1127 , mod 130 Or App 425 , 882 P2d 1126 (1994), affd in part and rev’d in part 324 Or 159 , 921 P2d 1312 (1996); Tennyson v. Children’s Services Division, 93 Or App 366, 381 , 762 P2d 333 (1988), aff'd in part and rev’d in part 308 Or 80 , 775 P2d 1365 (1989).

1995In Germeroth , we first discussed Utley v. City of Independence, 240 Or 384 , 402 P2d 91 (1965), where the Supreme Court had held that the judge’s act was not protected by immunity, and Quast v. City of Ontario, 43 Or App 557 , 603 P2d 1210 (1979), rev den 288 Or 571 (1980), where we held that the immunity doctrine did apply.

1995In Germeroth , we first discussed Utley v. City of Independence, 240 Or 384 , 402 P2d 91 (1965), where the Supreme Court had held that the judge’s act was not protected by immunity, and Quast v. City of Ontario, 43 Or App 557 , 603 P2d 1210 (1979), rev den 288 Or 571 (1980), where we held that the immunity doctrine did apply.

1995In Germeroth , we first discussed Utley v. City of Independence, 240 Or 384 , 402 P2d 91 (1965), where the Supreme Court had held that the judge’s act was not protected by immunity, and Quast v. City of Ontario, 43 Or App 557 , 603 P2d 1210 (1979), rev den 288 Or 571 (1980), where we held that the immunity doctrine did apply.

1995In Germeroth , we first discussed Utley v. City of Independence, 240 Or 384 , 402 P2d 91 (1965), where the Supreme Court had held that the judge’s act was not protected by immunity, and Quast v. City of Ontario, 43 Or App 557 , 603 P2d 1210 (1979), rev den 288 Or 571 (1980), where we held that the immunity doctrine did apply.

1993Tozer v. City of Eugene, 115 Or App 464, 466 , 838 P2d 1104 (1992).

1993Tozer v. City of Eugene, 115 Or App 464, 466 , 838 P2d 1104 (1992).

1991In Lowrimore v. Dimmitt, 310 Or 291, 296 , 797 P2d 1027 (1990), the court explained that “immunity will apply to decisions involving the making of policy, but not to routine decisions made by employees in the course of their day-to-day activities,, even though the decision involves a choice among two or more courses of action.” That plaintiff misunderstands the immunity defense is apparent from her assertion that defendant does not have “discretion to be negligent.” Discretionary immunity means that the public body cannot be held liable even if it has committed acts or omissions that otherwise

1991In Lowrimore v. Dimmitt, 310 Or 291, 296 , 797 P2d 1027 (1990), the court explained that “immunity will apply to decisions involving the making of policy, but not to routine decisions made by employees in the course of their day-to-day activities,, even though the decision involves a choice among two or more courses of action.” That plaintiff misunderstands the immunity defense is apparent from her assertion that defendant does not have “discretion to be negligent.” Discretionary immunity means that the public body cannot be held liable even if it has committed acts or omissions that otherwise

1988Id. at 416 .

1987The immunity claim raises a question of federal law.' Hampton v. Chicago, 484 F2d 602, 607 (CA7 1973), cert denied 415 US 917 , 39 LEd2d 471 , 94 SCt 1413 , 94 SCt 1414 ." 444 U.S. at 284 n. 8, 100 S.Ct. at 558 n. 8. [1] We need not decide in this case whether a section 1983 violation is still a tort under the OTCA despite the 1985 amendment to ORS 30.265(1).

1987The immunity claim raises a question of federal law.’ Hampton v. Chicago, 484 F2d 602, 607 (CA7 1973), cert denied 415 US 917 , 39 L Ed 2d 471 , 94 S Ct 1413 , 94 S Ct 1414 .” 444 US at 284 n 8.

1987The immunity claim raises a question of federal law.' Hampton v. Chicago, 484 F2d 602, 607 (CA7 1973), cert denied 415 US 917 , 39 LEd2d 471 , 94 SCt 1413 , 94 SCt 1414 ." 444 U.S. at 284 n. 8, 100 S.Ct. at 558 n. 8. [1] We need not decide in this case whether a section 1983 violation is still a tort under the OTCA despite the 1985 amendment to ORS 30.265(1).

1987The immunity claim raises a question of federal law.' Hampton v. Chicago, 484 F2d 602, 607 (CA7 1973), cert denied 415 US 917 , 39 LEd2d 471 , 94 SCt 1413 , 94 SCt 1414 ." 444 U.S. at 284 n. 8, 100 S.Ct. at 558 n. 8. [1] We need not decide in this case whether a section 1983 violation is still a tort under the OTCA despite the 1985 amendment to ORS 30.265(1).

1987The immunity claim raises a question of federal law.' Hampton v. Chicago, 484 F2d 602, 607 (CA7 1973), cert denied 415 US 917 , 39 LEd2d 471 , 94 SCt 1413 , 94 SCt 1414 ." 444 U.S. at 284 n. 8, 100 S.Ct. at 558 n. 8. [1] We need not decide in this case whether a section 1983 violation is still a tort under the OTCA despite the 1985 amendment to ORS 30.265(1).

1987The immunity claim raises a question of federal law.’ Hampton v. Chicago, 484 F2d 602, 607 (CA7 1973), cert denied 415 US 917 , 39 L Ed 2d 471 , 94 S Ct 1413 , 94 S Ct 1414 .” 444 US at 284 n 8.

1987The immunity claim raises a question of federal law.' Hampton v. Chicago, 484 F2d 602, 607 (CA7 1973), cert denied 415 US 917 , 39 LEd2d 471 , 94 SCt 1413 , 94 SCt 1414 ." 444 U.S. at 284 n. 8, 100 S.Ct. at 558 n. 8. [1] We need not decide in this case whether a section 1983 violation is still a tort under the OTCA despite the 1985 amendment to ORS 30.265(1).

1987The immunity claim raises a question of federal law.’ Hampton v. Chicago, 484 F2d 602, 607 (CA7 1973), cert denied 415 US 917 , 39 L Ed 2d 471 , 94 S Ct 1413 , 94 S Ct 1414 .” 444 US at 284 n 8.

1984In a third variation, New York simply discarded the immunity doctrine in Gelbman v. Gelbman, 23 NY2d 434 , 297 NYS2d 529 , 245 NE2d 192 (1969), overruling Sorrentino v. Sorrentino, supra, without formulating any exceptions.

1984In a third variation, New York simply discarded the immunity doctrine in Gelbman v. Gelbman, 23 NY2d 434 , 297 NYS2d 529 , 245 NE2d 192 (1969), overruling Sorrentino v. Sorrentino, supra, without formulating any exceptions.

1980In Comley v. State Bd. of Higher Ed., 35 Or App 465 at 468-69 , 582 P2d 443 (1978), the Court of Appeals observed: "The issue of immunity may properly be raised by demurrer, Smith v. Cooper, 256 Or 485, 488 , 475 P2d 78 , 45 ALR3d 857 (1970), but that is not the only means of interposing an immunity defense.

1980App. 465 at 468-69 , 582 P.2d 443 (1978), the Court of Appeals observed: "The issue of immunity may properly be raised by demurrer, Smith v. Cooper, 256 Or. 485, 488 , 475 P.2d 78 , 45 A.L.R.3d 857 (1970), but that is not the only means of interposing an immunity defense.

1965Pruett v. Lininger, 224 Or 614, 625 , 356 P2d 547 (1960).

1965Pruett v. Lininger, 224 Or 614, 625 , 356 P2d 547 (1960).

1958Long prior to this decision the Supreme Court of the United States in Northern Pacific Railway Co. v. Meese, 239 US 614 , 60 L ed 467, 36 S Ct 223 (1916), summarily rejected the identical contention with, respect to the Washington statute.

1958Long prior to this decision the Supreme Court of the United States in Northern Pacific Railway Co. v. Meese, 239 US 614 , 60 L ed 467, 36 S Ct 223 (1916), summarily rejected the identical contention with, respect to the Washington statute.

1958The others are: Johnson v. Timber Structures, Inc., 203 Or 670 , 281 P2d 723 ; Kosmecki v. Portland Stevedoring Co., 190 Or 85 , 223 P2d 1035 ; Atkinson v. Fairview Dairy Farms, supra; Brown v. Underwood Lumber Co., 172 Or 261 , 141 P2d 527 ; Inwall v. Transpacific Lumber Co., 165 Or 560 , 108 P2d 522 . *437 In the Atkinson case, as stated, the constitutionality of the immunity clause, as there applied, was challenged.

1958The others are: Johnson v. Timber Structures, Inc., 203 Or 670 , 281 P2d 723 ; Kosmecki v. Portland Stevedoring Co., 190 Or 85 , 223 P2d 1035 ; Atkinson v. Fairview Dairy Farms, supra; Brown v. Underwood Lumber Co., 172 Or 261 , 141 P2d 527 ; Inwall v. Transpacific Lumber Co., 165 Or 560 , 108 P2d 522 . *437 In the Atkinson case, as stated, the constitutionality of the immunity clause, as there applied, was challenged.

1958The others are: Johnson v. Timber Structures, Inc., 203 Or 670 , 281 P2d 723 ; Kosmecki v. Portland Stevedoring Co., 190 Or 85 , 223 P2d 1035 ; Atkinson v. Fairview Dairy Farms, supra; Brown v. Underwood Lumber Co., 172 Or 261 , 141 P2d 527 ; Inwall v. Transpacific Lumber Co., 165 Or 560 , 108 P2d 522 . *437 In the Atkinson case, as stated, the constitutionality of the immunity clause, as there applied, was challenged.

1958The others are: Johnson v. Timber Structures, Inc., 203 Or 670 , 281 P2d 723 ; Kosmecki v. Portland Stevedoring Co., 190 Or 85 , 223 P2d 1035 ; Atkinson v. Fairview Dairy Farms, supra; Brown v. Underwood Lumber Co., 172 Or 261 , 141 P2d 527 ; Inwall v. Transpacific Lumber Co., 165 Or 560 , 108 P2d 522 . *437 In the Atkinson case, as stated, the constitutionality of the immunity clause, as there applied, was challenged.

1958In the recent case of Hand v. Greyhound Corporation, 49 Wash2d 171, 299 P2d 554 , an immunity clause of the Washington Compensation Law similar to that in the Oregon law was sustained as against a claim by an injured employee of denial of equal protection of the laws.

1958OES 656.154, which is referred to by counsel as the immunity clause, has been construed and applied in a number of cases by this court, the most recent of which is Hensler v. City of Portland, 212 Or 28 , 318 P2d 313 .

1958OES 656.154, which is referred to by counsel as the immunity clause, has been construed and applied in a number of cases by this court, the most recent of which is Hensler v. City of Portland, 212 Or 28 , 318 P2d 313 .

1958The others are: Johnson v. Timber Structures, Inc., 203 Or 670 , 281 P2d 723 ; Kosmecki v. Portland Stevedoring Co., 190 Or 85 , 223 P2d 1035 ; Atkinson v. Fairview Dairy Farms, supra; Brown v. Underwood Lumber Co., 172 Or 261 , 141 P2d 527 ; Inwall v. Transpacific Lumber Co., 165 Or 560 , 108 P2d 522 . *437 In the Atkinson case, as stated, the constitutionality of the immunity clause, as there applied, was challenged.

1958The others are: Johnson v. Timber Structures, Inc., 203 Or 670 , 281 P2d 723 ; Kosmecki v. Portland Stevedoring Co., 190 Or 85 , 223 P2d 1035 ; Atkinson v. Fairview Dairy Farms, supra; Brown v. Underwood Lumber Co., 172 Or 261 , 141 P2d 527 ; Inwall v. Transpacific Lumber Co., 165 Or 560 , 108 P2d 522 . *437 In the Atkinson case, as stated, the constitutionality of the immunity clause, as there applied, was challenged.

1958The others are: Johnson v. Timber Structures, Inc., 203 Or 670 , 281 P2d 723 ; Kosmecki v. Portland Stevedoring Co., 190 Or 85 , 223 P2d 1035 ; Atkinson v. Fairview Dairy Farms, supra; Brown v. Underwood Lumber Co., 172 Or 261 , 141 P2d 527 ; Inwall v. Transpacific Lumber Co., 165 Or 560 , 108 P2d 522 . *437 In the Atkinson case, as stated, the constitutionality of the immunity clause, as there applied, was challenged.

1958The others are: Johnson v. Timber Structures, Inc., 203 Or 670 , 281 P2d 723 ; Kosmecki v. Portland Stevedoring Co., 190 Or 85 , 223 P2d 1035 ; Atkinson v. Fairview Dairy Farms, supra; Brown v. Underwood Lumber Co., 172 Or 261 , 141 P2d 527 ; Inwall v. Transpacific Lumber Co., 165 Or 560 , 108 P2d 522 . *437 In the Atkinson case, as stated, the constitutionality of the immunity clause, as there applied, was challenged.

1957This court said in Knight v. City of La Grande, 127 Or 76 , 271 P 41 : “* * * In the absence of some legislative enactment, or charter provision, the city owes a duty to exercise reasonable care in maintaining the streets in a condition reasonably safe for public travel: * * *” and again in Freer v. City of Eugene, 166 Or 107 , 111 P2d 85 : “That it is the duty of a municipality to maintain its sidewalks in a reasonably safe condition for the use of pedestrians is well settled.” In addition, we think it clear that the duty to protect the public from defects in public thoroughfares is expressly

1957This court said in Knight v. City of La Grande, 127 Or 76 , 271 P 41 : “* * * In the absence of some legislative enactment, or charter provision, the city owes a duty to exercise reasonable care in maintaining the streets in a condition reasonably safe for public travel: * * *” and again in Freer v. City of Eugene, 166 Or 107 , 111 P2d 85 : “That it is the duty of a municipality to maintain its sidewalks in a reasonably safe condition for the use of pedestrians is well settled.” In addition, we think it clear that the duty to protect the public from defects in public thoroughfares is expressly