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MURPHY v. CITY OF PORTLAND

No. 423 055; CA 9689.

585 P.2d 732 (1978)

36 Or.App. 745

James Edward MURPHY, Appellant, v. CITY OF PORTLAND, County of Multnomah, Oregon, James Dillard, James A. Hunter and William H. Bennington, Respondents.

Court of Appeals of Oregon.

Decided October 30, 1978.

Attorney(s) appearing for the Case

Charles V. Elliott, Portland, argued the cause and filed the brief for appellant.

Michael A. Lehner, Portland, argued the cause for respondents City of Portland, James A. Hunter and William H. Bennington. With him on the brief were Bruce L. Mowery and Hershiser, Mitchell and Warren, Portland.

I. Franklin Hunsaker, Portland, argued the cause for respondents, County of Multnomah, Oregon and James Dillard. With him on the brief were Ronald E. Bailey and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Before THORNTON, P.J., and JOHNSON and GILLETTE, JJ.

JOHNSON, Judge.

This is an action for negligence against the City of Portland, Multnomah County, and three individuals, arising out of an incident wherein plaintiff was mistakenly arrested at his home on a warrant and was taken into custody. The "James Edward Murphy" named in the warrant was a person other than plaintiff. Defendants Hunter and Bennington were Portland police officers. Defendant Dillard is in charge of the Warrants and Extradition Section of the Multnomah...

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