constitutionality immunity (Oregon) · Go Syfert
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constitutionality immunity in Oregon

8 Oregon opinions name it 2 courts 1958–2026 2 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Hale v. Port of Portlandgreen
or · 1989 · cited in 1 Oregon opinions naming this issue, 2026–2026
2 sentences

2026Id. at 600 ; see Hale v. Port of Portland, 308 Or 508, 518 , 783 P2d 506 (1989) (explain- ing that liability limitation for an entity that shares in the state’s sovereign immunity does not deny a right guaranteed under Article I, section 10, “because there never was such a right”).12 Plaintiff does not identify any flaw in the reason- ing of those decisions, and his arguments do not address the immunity that the Tort Claims Act has retained for the state, except to the extent it affects the constitutionality of the immunity granted to the individual employees.

2026Id. at 600 ; see Hale v. Port of Portland, 308 Or 508, 518 , 783 P2d 506 (1989) (explain- ing that liability limitation for an entity that shares in the state’s sovereign immunity does not deny a right guaranteed under Article I, section 10, “because there never was such a right”).12 Plaintiff does not identify any flaw in the reason- ing of those decisions, and his arguments do not address the immunity that the Tort Claims Act has retained for the state, except to the extent it affects the constitutionality of the immunity granted to the individual employees.

11
Gilliam County v. Department of Environmental Qualitygreen
or · 1993 · cited in 1 Oregon opinions naming this issue, 2019–2019
2 sentences

2019See Gilliam County v. Dept. of Environmental Quality, 316 Or 99, 106-08 , 849 P2d 500 (1993), rev’d on other grounds sub nom Oregon Waste Systems v. Dept. of Environmental Quality, 511 US 93 , 114 S Ct 1345 , 128 L Ed 2d 13 (1994) (analyzing constitutionality of enabling statute as part of analysis of constitutionality of administrative rule under ORS 183.400).

2019See Gilliam County v. Dept. of Environmental Quality, 316 Or 99, 106-08 , 849 P2d 500 (1993), rev’d on other grounds sub nom Oregon Waste Systems v. Dept. of Environmental Quality, 511 US 93 , 114 S Ct 1345 , 128 L Ed 2d 13 (1994) (analyzing constitutionality of enabling statute as part of analysis of constitutionality of administrative rule under ORS 183.400).

11
Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.green
scotus · 1994 · cited in 1 Oregon opinions naming this issue, 2019–2019
2 sentences

2019See Gilliam County v. Dept. of Environmental Quality, 316 Or 99, 106-08 , 849 P2d 500 (1993), rev’d on other grounds sub nom Oregon Waste Systems v. Dept. of Environmental Quality, 511 US 93 , 114 S Ct 1345 , 128 L Ed 2d 13 (1994) (analyzing constitutionality of enabling statute as part of analysis of constitutionality of administrative rule under ORS 183.400).

2019See Gilliam County v. Dept. of Environmental Quality, 316 Or 99, 106-08 , 849 P2d 500 (1993), rev’d on other grounds sub nom Oregon Waste Systems v. Dept. of Environmental Quality, 511 US 93 , 114 S Ct 1345 , 128 L Ed 2d 13 (1994) (analyzing constitutionality of enabling statute as part of analysis of constitutionality of administrative rule under ORS 183.400).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
Clarke v. Oregon Health Sciences University green
or · 2007
1 sentence

2026Id. at 600 ; see Hale v. Port of Portland, 308 Or 508, 518 , 783 P2d 506 (1989) (explain- ing that liability limitation for an entity that shares in the state’s sovereign immunity does not deny a right guaranteed under Article I, section 10, “because there never was such a right”).12 Plaintiff does not identify any flaw in the reason- ing of those decisions, and his arguments do not address the immunity that the Tort Claims Act has retained for the state, except to the extent it affects the constitutionality of the immunity granted to the individual employees.

12026–2026
Marshall v. Martinson green
or · 1974
2 sentences

2022Marshall v. Martinson, 268 Or 46, 51 , 518 P2d 1312 (1974).3 Approximately six years after the decision in Marshall, the Oregon legislature revised the rule’s language to explicitly grant that discretion to a trial court, a decision that was overturned by the passage of Ballot Measure 10.

2022Marshall v. Martinson, 268 Or 46, 51 , 518 P2d 1312 (1974).3 Approximately six years after the decision in Marshall, the Oregon legislature revised the rule’s language to explicitly grant that discretion to a trial court, a decision that was overturned by the passage of Ballot Measure 10.

12022–2022
State v. Miller green
or · 1974
1 sentence

2017Id. at 335 .

12017–2017
State v. Anderson neutral
orctapp · 1971
2 sentences

1999ORS 10.215 requires the clerk of the court to prepare a master jury fist from several sources, including “the most recent list of electors of the county.” In State v. Anderson, 6 Or App 22 , 485 P2d 446 (1971), cert den sub nom Atkison v. Oregon, 406 US 973 (1972), appeal dismissed sub nom Anderson v. Oregon, 410 US 920 , 93 S Ct 1362 , 35 L Ed 2d 582 (1973), the defendant contended that a jury pool chosen at random by a computer from a list of registered voters was not representative of a valid cross-section of the community.

1999ORS 10.215 requires the clerk of the court to prepare a master jury fist from several sources, including “the most recent list of electors of the county.” In State v. Anderson, 6 Or App 22 , 485 P2d 446 (1971), cert den sub nom Atkison v. Oregon, 406 US 973 (1972), appeal dismissed sub nom Anderson v. Oregon, 410 US 920 , 93 S Ct 1362 , 35 L Ed 2d 582 (1973), the defendant contended that a jury pool chosen at random by a computer from a list of registered voters was not representative of a valid cross-section of the community.

11999–1999
Martinka v. Oregon green
scotus · 1972
1 sentence

1999ORS 10.215 requires the clerk of the court to prepare a master jury fist from several sources, including “the most recent list of electors of the county.” In State v. Anderson, 6 Or App 22 , 485 P2d 446 (1971), cert den sub nom Atkison v. Oregon, 406 US 973 (1972), appeal dismissed sub nom Anderson v. Oregon, 410 US 920 , 93 S Ct 1362 , 35 L Ed 2d 582 (1973), the defendant contended that a jury pool chosen at random by a computer from a list of registered voters was not representative of a valid cross-section of the community.

11999–1999
Tolpo v. Bullock green
scotus · 1973
1 sentence

1999ORS 10.215 requires the clerk of the court to prepare a master jury fist from several sources, including “the most recent list of electors of the county.” In State v. Anderson, 6 Or App 22 , 485 P2d 446 (1971), cert den sub nom Atkison v. Oregon, 406 US 973 (1972), appeal dismissed sub nom Anderson v. Oregon, 410 US 920 , 93 S Ct 1362 , 35 L Ed 2d 582 (1973), the defendant contended that a jury pool chosen at random by a computer from a list of registered voters was not representative of a valid cross-section of the community.

11999–1999
Permisohn v. United States green
scotus · 1973
1 sentence

1999ORS 10.215 requires the clerk of the court to prepare a master jury fist from several sources, including “the most recent list of electors of the county.” In State v. Anderson, 6 Or App 22 , 485 P2d 446 (1971), cert den sub nom Atkison v. Oregon, 406 US 973 (1972), appeal dismissed sub nom Anderson v. Oregon, 410 US 920 , 93 S Ct 1362 , 35 L Ed 2d 582 (1973), the defendant contended that a jury pool chosen at random by a computer from a list of registered voters was not representative of a valid cross-section of the community.

11999–1999
Gladden v. Louisiana green
scotus · 1973
1 sentence

1999ORS 10.215 requires the clerk of the court to prepare a master jury fist from several sources, including “the most recent list of electors of the county.” In State v. Anderson, 6 Or App 22 , 485 P2d 446 (1971), cert den sub nom Atkison v. Oregon, 406 US 973 (1972), appeal dismissed sub nom Anderson v. Oregon, 410 US 920 , 93 S Ct 1362 , 35 L Ed 2d 582 (1973), the defendant contended that a jury pool chosen at random by a computer from a list of registered voters was not representative of a valid cross-section of the community.

11999–1999
Wiglesworth v. Wyrick green
mo · 1976
2 sentences

1992In Wiglesworth v. Wyrick, 531 SW2d 713 (Mo 1976), the Missouri Supreme Court considered an attack on the constitutionality of a rule relating to post-conviction motions to vacate a sentence.

1992That court held that “the suspension [of the writ of habeas corpus] prohibited [in Article I, section 12 of the state constitution] relates to denial of the substantive right to have judicial inquiry into the cause of and justification for allegedly illegal detention, not to the form and procedure utilized in such proceeding.” Id. at 717 . 10 The Missouri court held that, where the substantive remedy is as broad as that provided under state or federal habeas corpus guarantees, “[t]he particular procedural requirements specified by a state for pursuing the substantive objective are for it to de

11992–1992
State ex rel. Washington County Juvenile Department v. K.M.S. green
orctapp · 1976
2 sentences

1976Dept. v. K.M.S., 26 Or App 219 , 552 P2d 578 (1976).

1976Dept. v. K.M.S., 26 Or App 219 , 552 P2d 578 (1976).

11976–1976
Kosmecki v. Portland Stevedoring Co. neutral
or · 1950
2 sentences

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.

11958–1958
Johnson v. Timber Structures, Inc. green
or · 1955
2 sentences

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.

11958–1958
Inwall v. Transpacific Lumber Co. neutral
or · 1940
2 sentences

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.

11958–1958
Brown v. Underwood Lumber Co. neutral
or · 1943
2 sentences

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.

11958–1958

Where else courts name it

TX 46 (1975–2025) CA 44 (1939–2018) IL 40 (1919–2023) PA 40 (1911–2017) FL 34 (1971–2026) NY 31 (1923–2024) LA 24 (1942–2023) WA 22 (1972–2024) MN 22 (1960–2016) MO 15 (1878–2018) OH 13 (1935–2022) CO 12 (1981–2024) AZ 11 (1966–2019) CT 11 (1984–2017) TN 11 (1979–2022) MA 11 (1975–2008) IN 10 (1895–2012) IA 10 (1974–2025) MS 9 (1975–2010) UT 9 (1981–2022) NJ 9 (1964–1990) MD 9 (1962–2014) OR 8 (1958–2026) MI 8 (1975–2021) NC 8 (1915–2001) VA 7 (1980–2024) GA 7 (1944–2022) OK 7 (1973–2015) NV 6 (1999–2021) ID 6 (1976–1997) AL 5 (1976–2000) WI 4 (1980–2003) WV 4 (1965–1995) AK 4 (1969–2013) ND 4 (1984–2008) KS 4 (1975–2018) KY 3 (2004–2021) DC 3 (1981–2021) HI 3 (1930–1993) MT 3 (1973–2006) AR 2 (2001–2014) SC 2 (1952–1952) NE 2 (2002–2016) ME 2 (1980–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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