Oregon Section 1983 Cases

5 cases in the library

These are the cases in the library that arose in Oregon or bind courts there. Federal district courts in Oregon sit in the Ninth Circuit, so published Ninth Circuit decisions and Supreme Court decisions control. State-court decisions are included where they decide a probable-cause or offense-element question that a Section 1983 court will look to.

A case is tagged to a state when it arose there or when it is binding precedent for federal courts there. Circuit decisions are tagged to every state in the circuit. The Section 1983 limitations period in Oregon is 2 years; see the Oregon statute of limitations page.

Start with these guides

Oregon statute of limitations: 2 years The borrowed personal-injury period under Or. Rev. Stat. § 12.110(1), when the clock starts, and what to verify.
Statute of Limitations and Tolling in a § 1983 Case Learn when the filing clock starts in a Section 1983 case, how tolling can pause it, and how to avoid losing a viable claim by waiting too long.
How to Research Clearly Established Law in a § 1983 Case Learn how to research clearly established law for qualified immunity, find circuit-specific precedent, and build stronger Section 1983 arguments.
Before You File Anything: Local Rules and Your Judge's Standing Orders The seven questions to answer about your district and your judges before filing a single document in a Section 1983 case, where to find the answers, and a worksheet to keep them.

Cases, newest first

Mattos v. Agarano

661 F.3d 433 (9th Cir. 2011) · Oct 12, 2011

The Ninth Circuit, sitting en banc, held that officers' use of a Taser in dart mode against a non-threatening, non-fleeing individual constitutes excessive force under the Fourth Amendment. The court consolidated two cases — one from Hawaii and Brooks v. City of Seattle — establishing that Tasers are a serious use of force requiring significant justification.

Deorle v. Rutherford

272 F.3d 1272 (9th Cir. 2001) · Nov 19, 2001

A deputy sheriff who shot an unarmed, emotionally disturbed man in the face with a lead-filled beanbag round—without warning and while negotiators were en route—used excessive force in violation of the Fourth Amendment and was not entitled to qualified immunity, because no reasonable officer could have believed such force was lawful against a person who had committed no serious offense, posed no immediate threat, and had generally complied with police commands.

Grossman v. City of Portland

33 F.3d 1200 (9th Cir. 1994) · Sep 6, 1994

The Ninth Circuit held that a police officer who used excessive force during an encounter with a citizen was not entitled to qualified immunity, and that the City of Portland could be held liable under Monell if its policies or customs contributed to the constitutional violation. The court clarified the standards for municipal liability and individual officer liability in excessive force cases.

McKinley v. City of Eloy

705 F.2d 1110 (9th Cir. 1983) · May 9, 1983

The Ninth Circuit held that a municipality can be liable under § 1983 for inadequate police training and supervision that amounts to deliberate indifference, and that officers' use of deadly force was constitutionally excessive where the suspect did not pose an immediate threat.

Chandler v. United States

378 F.2d 906 (9th Cir. 1967) · Jun 9, 1967

The Ninth Circuit affirmed convictions for escape from a federal prison camp, holding that evidence of a stolen truck was properly admitted to show intent to escape, and that court records were properly authenticated through judicial notice.

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