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· 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 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.