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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.