Q: Is Rogers v. Saylor, OR Supreme Court, 760 P.2d 232 (1988) still caselaw in Oregon? If not, what superceded it?
I'm just wanting to be certain that this precedent has not been overturned, and if it has, by what case(s)?
I appreciate your question. My research of the case, reveals that Rogers v. Saylor, 306 Or. 267 (1988) has not been overruled or negatively treated on appeal, even though it has been cited in 37 subsequent cases.
The case discusses the the limitations on individual or governmental liability the Oregon Tort Claims Act has as to an action which states a claim under the federal civil rights act, 42 U.S.C. § 1983. The case you reference appears to be good law. There may be other cases that clarify more about the limitations, and you should try and research the case law as developed in the cases that referenced Rogers to see if any of them apply factually to your situation. Best of Luck.
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