· 2/8/2012
DeNucci v. Henningsen
Citations
- 273 P.3d 148
- 248 Or. App. 59
- 2012 WL 403870
- 2012 Ore. App. LEXIS 127
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- adjudicating appeal from Oregon state trial court’s resolution of appellant’s § 1983 false arrest claim
- court assumes that legislature enacts statutes in light of existing judicial decisions relevant to the statutes
- failure to give timely notice required under the OTCA is “fatal” to a plaintiff’s claims
- \We conclude that [Representative Prozanski's] statement indicates that the noise of a person's voice is not physical conduct capable of violating the statute.\
- qualified immunity attached where the plaintiff was arrested, despite the fact that she was physically compliant with the police officer’s orders to stay back, because she was yelling
- ORS 162.247(1)(a) does not apply to mere noise like a person’s voice that distracts an officer; it applies only to “physical conduct” that prevents or attempts to prevent an officer from per- forming the officer’s duties
Source: CourtListener parenthetical corpus (CC0).
Judges: Haselton, Armstrong, Duncan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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