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MARTISZUS v. WASHINGTON COUNTY

Civil No. 03-750-MO.

325 F.Supp.2d 1160 (2004)

Edward MARTISZUS, Plaintiff, v. WASHINGTON COUNTY, a political subdivision of the State of Oregon; Deputy Candilora, personally, Defendants.

United States District Court, D. Oregon.

July 21, 2004.

Attorney(s) appearing for the Case

Leonard R. Berman, Beaverton, OR, for Plaintiff.

Elmer Manuel Dickens, Jr., Washington County Counsel, Hillsboro, OR, for Defendants.

OPINION AND ORDER

MOSMAN, District Judge.

In this civil-rights lawsuit, plaintiff Edward Martiszus claims that a Washington County Deputy Toby Candilora drew his gun on plaintiff and detained him simply because he was repairing his Volkswagen Beetle on the side of the road. Consequently plaintiff brings a Section 1983 claim for unlawful seizure in violation of the Fourth Amendment. In response, Candilora asserts the defense of qualified immunity. Plaintiff...

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