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SANOK v. GRIMES

83-771CV; CA A36263.

746 P.2d 725 (1987)

88 Or.App. 536

James J. SANOK and Barbara Sanok, Appellants, v. James G. GRIMES, Individually and in His Capacity As Klamath County Assessor; Jim Huntsman, Individually and in His Capacity As Klamath County Chief Appraiser; Glenn R. Barrett, Individually and in His Capacity As Klamath County Appraiser II; and Garry M. Freitag, Individually and in His Capacity As Klamath County Appraiser II, Respondents.

Court of Appeals of Oregon, In Banc.

Decided December 9, 1987.

Resubmitted October 7, 1987.

Reconsideration Denied February 5, 1988.

Attorney(s) appearing for the Case

Jay R. Jackson, Salem, argued the cause and filed the briefs, for appellants.

Stanley Jones, Klamath Falls, argued the cause, for respondents. On the brief were Robert F.L. Trotman and Giacomini, Jones & Trotman, Klamath Falls.

Resubmitted In Banc October 7, 1987.

WARDEN, Presiding Judge.

This action for damages is generally subject to the Oregon Tort Claims Act (OTCA), ORS 30.260 to ORS 30.300, and 42 U.S.C. § 1983.1 Plaintiffs allege that defendants committed certain torts in their official capacities and that plaintiffs' constitutional rights were violated as a result. The trial court granted defendants' motion for a directed verdict after a segregated...

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