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· 12/17/1998

Do Mun Kim v. Multnomah County

Citations

  • 970 P.2d 631
  • 328 Or. 140
  • 1998 Ore. LEXIS 1132

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that parole officers had \taken charge\ of the parolees they supervised, and that a physical custodial relationship was not required for liability to attach under section 319
  • finding that the duty of a parole officer under § 319 only arises in a custodial relationship, not a supervisory one, and, thus, a supervising officer did not have sufficient control of a parolee to raise a duty
  • “[i]t was not within [the probation officer’s] power to revoke Lawrence’s probation and, therefore, she did not have the ability to control his conduct by preventing his release”
  • the risk of liability under section 319 attaches to the actual custodian

Source: CourtListener parenthetical corpus (CC0).

Judges: Carson, Gillette, Van Hoomissen, Durham, Kulongoski

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.