State Supreme Courts Resource

• 7 Democrats, 0 Republican
• Two were public defenders
• One was on the board of Legal Aid Society

• OR. CONST. art. I, § 13. No person arrested, or confined in jail, shall be treated with unnecessary rigor.
  • For equitable relief under Article I, section 13, in order to establish that a particular practice offends this provision, an incarcerated plaintiff must show that the practice “would be recognized as an abuse to the extent that it cannot be justified by necessity.” Sterling v. Cupp, 290 Or. 611, 620 (1981).
• OR. CONST. art. I, § 16. Excessive bail shall not be required, nor excessive fines imposed. Cruel and unusual punishments shall not be inflicted, but all penalties shall be proportioned to the offense.
  • The standard for “cruel and unusual” is subjective. “Even if prison officials’ conduct or failure to act causes pain or suffering to an [incarcerated person], Oregon Constitution’s prohibition against cruel and unusual punishments forbids such conduct only if it is a form of punishment that is ‘inflicted,’ that is, it is not the result of a happenstance or even negligence.” Billings v. Gates, 916 P.2d 291, 323 Or. 167 (1996).

• None
• Oregon follows a self-executing philosophy to find implied causes of action. This principle dates back to early 20th century Oregon Supreme Court case law. See Gearin v. Marion County, 223 P. 929 (1924) (holding that the Oregon Constitution’s guarantee of “due course of law for injury done him in his person, property or reputation” is self-executing); Morrison v. Clackamas County, 18 P.2d 814 (Or. 1933) (holding that the Oregon Takings clause is self-executing).

• O.R.S. §§ 30.260 – 30.300 (1967), Tort Actions Against Public Bodies (a/k/a Oregon Tort Claims Act).
  • Action must be commenced within two (2) years. O.R.S. § 30.275(9). Notice of claim to the office of the Director of the Oregon Department of Administrative Services within 180 days. No particular form for notice. Provide time, place, circumstances, damages, contact information. O.R.S. § 30.275.
  • Damages caps: $2,073,600 Per Person. $4,147,100 Per Occurrence.
• OR. St. §§ 655.505-555. Establishes procedural requirements for incarcerated people seeking benefits for injuries sustained in an authorized work or occupational training assignment while incarcerated.

• Senate Bill 82, Limit on juvenile solitary confinement. In May of 2017, Governor Kate Brown signed into law Senate Bill 82, which expressly prohibits placing a youth offender or other person in the custody of the youth authority alone in a locked room, as a form of punishment.

HB 3186, An act relating to incarcerated persons, 2019 Leg., Reg. Sess. (Or. 2019), https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/HB3186. Status: In House Judiciary Committee, March 5, 2019. Summary: Would prohibit long-term solitary confinement (more than 15 consecutive days). Would require that all confined persons be provided vocational training.

• OR. St. §§ 30.642-648.

• OR CONST Art. IV, § 24. Provision may be made by general law, for bringing suit against the State, as to all liabilities originating after, or existing at the time of the adoption of this Constitution; but no special act authorizing such suit to be brought, or making compensation to any person claiming damages against the State, shall ever be passed.
• OR ST § 30.265. Every public body and its officers, employees and agents acting within the scope of their employment or duties are immune from liability for: Discretionary functions; Any claim arising out of riot, civil commotion or mob actions; Any claim arising out of an act done or omitted under apparent authority of a law, resolution, rule or regulation that is unconstitutional, invalid or inapplicable except to the extent that they would have been liable had the law, resolution, rule or regulation been constitutional, valid and applicable.