· 6/22/2004
Estate of Pond v. Oregon
Citations
- 322 F. Supp. 2d 1161
- 2004 U.S. Dist. LEXIS 11961
- 2004 WL 1396182
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the state’s failure to protect a child does not trigger the danger-creation exception, unless affirmative steps were taken to increase the danger
- holding that the state’s failure to protect a child does not trigger the danger-creation exception, unless affirmative steps were taken to increase the danger
- finding the Oregon Tort Claims Act does not waive the State of Oregon’s Eleventh Amendment immunity to suit in federal court
- ”The 8 - ORDER Oregon Tort Claims Act is a waiver of sovereign immunity but does not waive Eleventh Amendment immunity.”
- “The [OTCA] is a waiver of sovereign immunity but does not waive Eleventh Amendment immunity.”
- no affirmative conduct when a child was murdered after a state agency knew about possible child abuse, conducted a limited investigation, but ultimately took no action
Source: CourtListener parenthetical corpus (CC0).
Judges: King
Read full opinion on CourtListenerSourced 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.