January 6 summaries
Estate of Strickland v. Nevada County
“Of all the use-of-force factors, the ‘most important’ is whether the suspect posed an immediate threat to the officer or a member of the public.” Bryan v. MacPherson, 630 F.3d 805 (9th Cir. 2010).
Area(s) of Law:- Civil Rights § 1983
Coopman v. City of Eugene
Under ORS 197.175(2)(a), “cities and counties ‘shall amend and revise’ their comprehensive plans ‘in compliance with’ the statewide planning goals.”
Area(s) of Law:- Land Use
Kragt v. Board of Parole
While the Court may choose to decline to award costs outlined in ORS 20.310(1) when the case is dismissed for mootness or otherwise, a dismissal based on the merits will typically result in the Court awarding fees to the prevailing party. DeYoung/Thomas v. Board of Parole, 332 Or 266, 276, 27 P3d 110 (2001).
Area(s) of Law:- Attorney Fees
Oregon Health Authority
Under ORS 33.096, “a court may summarily impose a sanction upon a person who commits a contempt of court in the immediate view and presence of the court.”
Area(s) of Law:- Civil Law
State v. Pitts
A defendant must engage in "physical force or physical conduct which is immediately likely to produce the use of such force" in order to be convicted disorderly conduct in the second degree. State v. Cantwell, 66 Or App 848,
Area(s) of Law:- Criminal Law
State v. Waldrup
Courts may give a Miles instruction - allowing a jury to find that a defendant was intoxicated by alcohol even if they were below the legal limit - if they were "in such a physical condition that [they were] more susceptible to the influence of intoxicants" and if there is evidence that the defendant ingested either medication or a controlled substance. State v. Avila, 318 Or App 284, 286 (2022).
Area(s) of Law:- Criminal Law