· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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