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Oregon Civil Rights Questions & Answers
2 Answers | Asked in Civil Litigation, Consumer Law, Personal Injury and Civil Rights for Oregon on
Q: Is it legal for hazmat to be called close too floor but management not inform or evacute our building
Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 27, 2022

I am not sure if I understand your question. I understand it to mean that people with hazmat suits recommended closing all or part of a building and management did not follow the recommendation. I am not aware of any laws that require obedience to people wearing hazmat suits. However, if someone... Read more »

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1 Answer | Asked in Civil Rights, Libel & Slander and Personal Injury for Oregon on
Q: 22 y/o son with developmental disabilities and mental illness was taken to ER after a suicide attempt & then arrested.

5 Security rushed towards our son & he picked up a plastic chair and held over his head because he thought he was in danger. He has PTSD from abuse and trauma background. They tackled him and chair came down on security guards head. He pressed charges against our son for assault and use of... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 20, 2022

I would check with the attorney who handled the case to see if there is a way to undo the plea. Generally, it is difficult to undo a plea once the plea deal is done.

Our law firm's policy is not to accept police misconduct cases on a contingency fee basis if a person pleads guilty....
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Q: Can the defendant sue the state for denying his constitutional rights to a trial before a fair and impartial jury?

If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 11, 2022

Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Libel & Slander for Oregon on
Q: Can landlords ask you what your disabilities are when you ask for a reasonable accommodation for more time to move out?

I asked my current landlord for a reasonable accommodation for more time to move out based on my disabling conditions. When he replied via email he said “Could you please clarify : What is the nature of your disability? To be clear, (we) are not questioning your assertion that you are disabled... Read more »

Katherine Goodman
Katherine Goodman
answered on Apr 5, 2022

You did not state whether or not when you asked for additional time if you gave your landlord a letter from doctor along with your request for reasonable accommodation. If you did not, you should contact your doctor for a letter to give to your landlord. If you did give a letter to your landlord,... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Rights for Oregon on
Q: Is it possible to have a court proceeding pertaining to me and me not know?
Tim Akpinar
Tim Akpinar
answered on Oct 6, 2021

An Oregon attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, it is possible, but less likely if the matter involved something requiring personal service (as opposed to service by mail, leaving with a person of suitable age, etc., or other... Read more »

1 Answer | Asked in Civil Rights and Small Claims for Oregon on
Q: In oregon how can I get my belongings out of a storage unit that is only in my daughter's na

We opened the unit together but I paid it.

Gregory L Abbott
Gregory L Abbott
answered on Sep 1, 2021

When you say you opened it together, if you co-signed the rental agreement, the storage facility should have no problem allowing you access as long as your rent is paid to date. If you are not on the rental agreement, then your daughter will have to access the unit or possibly the storage facility... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Medical Malpractice for Oregon on
Q: Is there anything happening in Oregon blocking vaccine mandates by employers and or schools in Oregon?

If not, have other states had success in blocking vaccination mandates?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 20, 2021

I have not heard of anything in Oregon, and attempts in other states, as usual and expected by the legal community, have been unsuccessful.

1 Answer | Asked in Consumer Law, Civil Rights, Constitutional Law and Municipal Law for Oregon on
Q: I'm having a hard time finding a list of contaminates that my City must test our ground water for and how often for each

I am trying to decipher our CCR, and I don't think that our City is testing for everything it needs, and it seems to be missing some information. I need to know if the Health Effects Language must be included or is just the likely source of contamination sufficent and what contaminates need... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2021

An Oregon attorney could advise best, but your post remains open for a week. A starting point could be environmental agencies and public health agencies in Oregon. On the federal level, the U.S. Environmental Protection Agency oversees environmental law, but nationwide, state departments of... Read more »

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law, Civil Rights and Libel & Slander for Oregon on
Q: I have an eviction notice to be out the 12th. A sheriff will be here to remove me. I faxed in a motion to vacate today.

I am going to find the paperwork and wright avenue to file a lawsuit against the manager for harassment possibly slander and discrimination against a mental disability not providing reasonable accommodations to allow me to get what needed to be done done as well as falsifying accusations documented... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Mar 10, 2021

I am not clear what you mean by having an "eviction notice" to be out on the 12th. Have you already gone to court and lost, with this Notice being from the court? Or is this the date on the termination of tenancy notice from your landlord? Most courts will not accept filings by fax... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Oregon on
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)?

Virgil Royer
Virgil Royer
answered on Dec 29, 2020

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...
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1 Answer | Asked in Banking, Civil Rights, White Collar Crime and Wrongful Death for Oregon on
Q: When is abandonment legal?
Tim Akpinar
Tim Akpinar
answered on Dec 12, 2020

An Oregon attorney could answer best, but your question remains open for two weeks. But as a general note, "abandonment" is a broad term and needs more context. Abandonment can arise in a number of scenarios, whether in shameful settings, as in children, spouses, or pets, or in more... Read more »

1 Answer | Asked in Civil Rights, Personal Injury, Real Estate Law and Civil Litigation for Oregon on
Q: I was living in a house in authority of Jackson county apartment complex with a VAWA voucher And I am also fully disable

I had my home broken into repeatedly in my car stolen from the parking lot and now they’ve served me with addiction notice because I’m a victim again how is that fair ? I did file online a formal complaint with the housing and urban development and they called me to see if it’s their... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2020

An Oregon attorney could advise best, but you await a response for three weeks. Do you mean an EVICTION notice? Read it more carefully. If that's the case, repost this under Landlord-Tenant law and hopefully an experienced L-T attorney could offer meaningful guidance. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Personal Injury for Oregon on
Q: Is this a violation of civil rights?

Can a store deny entry to someone who has a legitimate medical condition for not wearing a mask, who's doctor agrees that wearing a mask would cause this person harm, and is receiving disability for this condition?

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2020

An Oregon attorney could advise best here, as this could involve state measures, as well as federal measures, arising as a result of the pandemic. But the post remains open for two weeks - it's possible an attorney with insight into ADA and disability issues could have better insight into this... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Libel & Slander for Oregon on
Q: To force Police to provide as FOIA on a closed murder case how can i find a person to do that in Oregon

Murder 2013 solved audio and CCTV from Police is wanted

Gabriel A Watson
Gabriel A Watson
answered on May 16, 2020

FOIA requests can generally be made by any person to any federal agency, but requests can also be denied for any number of reasons. If you are requesting information from a local police department, this is often done using a public information request.

Unfortunately, although anyone can...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Rights for Oregon on
Q: In Oregon we have a ban on events of 25 or more. Would an event location with room for 3+ feet between people work?

Here is an how i see it

4. [...] I am prohibiting[...] gatherings of 25 people or more. This prohibition applies statewide.

5. [...] this Executive Order include, but are not limited to, any[...] events or activities, if a distance of at least three (3) feet between individuals... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 20, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if" questions being posted by askers... Read more »

1 Answer | Asked in Family Law and Civil Rights for Oregon on
Q: Can I get arrested for going behind my moms back and hanging out with a guy my mom doesn’t like?

My mom banned me from hanging out with my best friend and she says if I do hang out with him, she’ll call the cops and have me arrested.

Joanne Reisman
Joanne Reisman
answered on Jan 9, 2020

The police don't arrest people for associating with other people. It isn't a crime. However you can be taken into custody if there is some other reason, ie a law you are violating. Frankly, if your mom wants you to avoid someone assume she has a good reason for saying that and respect... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Sexual Harassment for Oregon on
Q: how can i find a lawyer to talk to about defamation in workplace, discrimination and harassment occurred within 7 mos

too many to list, but pertains to inaccurate fmla hours calculated, false notations and accusatory notes, ada accommodations after fmla exhausted, discrimination, 2 month delay plus in begining interactive process, continueal repeatitive documented denial of accommodation without undue hardship and... Read more »

Carrie Dyer
Carrie Dyer
answered on Dec 12, 2019

You should consult an employment attorney related to potential violations of the Family Medical Leave Act and the Americans with Disabilities Act. Defamation claims are state-law specific, subject to limitations imposed by rights contained in the First Amendment. You should narrow your focus to... Read more »

1 Answer | Asked in Civil Rights and Construction Law for Oregon on
Q: Can the city be held responsible for damages to my water heater from not notifying us when they said they would?

They have been doing work on water mains for over a month and we got 1 letter saying they would let us know when the water would be off but we have not been notified a single time out of dozens and our water heater ran dry multiple times and now is not working properly, i even emailed the city... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 9, 2019

The cost to litigate such a case could exceed the replacement costs to the heater. If other residents in your area also sustained related damages, that could help spread legal costs. That could be something to look into before consulting with a local attorney. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Sexual Harassment for Oregon on
Q: Today, sixteen years later, I found out I was molested and have written proof from the molester can I press charges
Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 4, 2019

Oregon law allows allows a victim of child sexual abuse to bring a lawsuit at any time until the victim turns 40 years old or 5 years after the victim knew or should have known of the causal connection of the injury and the child abuse, whichever is later. You should contact an attorney as soon... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oregon on
Q: Are CPS workers allowed to refuse to give a parent a UA if they ask for one?

My son was in the care of someone else while I was at home packing our belongings to flee from a bad situation that I did not want him around. While he was with the other individual he ingested narcotics and almost died. I met him and the person providing care for him at the hospital and the next... Read more »

Joanne Reisman
Joanne Reisman
answered on Nov 3, 2019

This is too complicated to figure out based on your brief synopsis. You need to contact an Attorney who can both review your details of what happened and review the court records. A reunification plan is only when there is a juvenile court proceeding and in a juvenile court proceeding you would... Read more »

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