Oregon Civil Rights Legal Questions

Hi Jeremy: Not enough facts to render opinion. Were they reviewing their own files on upcoming cases? Were documents strewn about for people to see? Please provide more facts. Thanks.   This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

It appears you are on the right track.  If you noted the violation of your rights at trial in the appeal, should the court find those rights were violated, there may be enough to reverse the conviction. If you do not have an attorney representing you please consult www.lawyers.com for a referral. This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

Generally there is no actual charge of "badgering the lawyer." However, a lawyer or citizen may be held in contempt of court for anything unbecoming of the judicial process. Even being rude during direct examination or cross examination may constitute contempt. On the other hand, a judge will rarely hold someone in contempt without a warning first.  This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

There is an action for defamation in Oregon. The statute of limitations may be one or two years depending upon the facts. There is a requirement that there be a demand for retraction or correction within 20 days after the defamed person realizes the publication took place (ORS 31.215(1)). Depending upon the facts, this statute may not apply. There may also be an action for Intentional Interference with Economic Relations, or Intentional Infliction of Emotional Distress, or both, depending upon the facts. The statute of limitations for those claims are two years from the date of discovery of the occurrence (ORS 12.110(1)).  Contact the Oregon State Bar Referral Service for a referral to an attorney at 503-684-3763 or www.lawyers.com. This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

There may be negligence on account of the standard of care requiring antibiotics for an infection that was already present.  That an oral surgeon needed to address this later is indicative of harm resulting from that negligence.  In other words you may have a case.  The problem is that the harms, while devastating to you, may not add up to much in actual damages (a few thousand dollars as opposed to hundreds of thousands of dollars).  This makes this type of case difficult as lawyers are generally unwilling to risk many thousands of dollars in costs to bring forward a medical negligence case with only a few thousand in damages. Your idea to seek medical costs is a good one. I recommend you contact www.lawyers.com or the Oregon State Bar Referral Service at 503- 684-3763 to find an attorney who may be willing to write the letters and try to negotiate a settlement at low cost to you.   This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

Filing a false police report is a crime under Oregon law. ORS 162.375.  Initiating a false report requires supplying false in­for­ma­­tion at time incident is initially reported. State v. McCrorey, 216 Or App 301, 172 P3d 271 (2007). You may contact the police to deal with the report on the criminal side. With regard to a defamation claim, this is covered by under ORS 12.120(2) which states the statute of limitations to file a civil claim for defamation is one year from the date of publication (the day the report is filed). Beware, as ORS 31.215(1) demands that you make a demand for correction or retraction of the defamatory statement via certified mail within 20 days after the defamed person receives actual knowledge of the statement.   This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

While someone insulting you is difficult to take, slapping him in the face is deemed a battery on the civil level and assault on the criminal end, so yes, you could be arrested and jailed for that behavior. If this person is in your workplace, there are avenues you can take with your employer to have that individual stop. If they are not part of your workplace environment, but just nearby, you can take other avenues if you feel threatened, such as an anti-stalking order, if you feel they are threatening your safety. You may find more information on this at http://courts.oregon.gov/Marion/MaterialsAndResources/StalkingOrders.page? This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

Based on these facts you are reporting a HIPAA violation. While the agency, as well as the individual releasing the information, may be disciplined or fined or both, there is no per se cause of action for that. However, some attorneys have filed actions in these cases and received settlements. I suggest you contact a litigation attorney specializing in personal injury or medical malpractice.... Read More

The statute of limitations for this type of claim (false arrest) is two years from the date of occurrence (Oregon Revised Statutes 12.110(1). The Oregon Supreme Court recognizes "false arrest" as a synonym for "false imprisonment." (Hylton v. Phillips, 270 Or 766 1974). If addressing this in state court, a tort claim notice was required to be filed within 180 days of occurrence (ORS 30.275(1)(2)(b). It appears you would be past that date. However, a civil rights claim (42 USC section 1983) filed in federal court still has the two year statute of limitations but the tort claim notice requirement does not apply (Felder v. Casey, 487 US 131, 1988)..... Read More

This is a fraud case on the surface. A closer look and more facts may uncover claims such as conversion, intentional infliction of emotional distress,etc. Contact a litigation attorney. Many personal injury attorneys do these types of cases so that would be a good place to start. This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read More