815 F. Supp. 2d 1162
D. Or.2011Background
- Giulio plaintiffs allege §1983 civil rights violations, and state-law negligence and IIED claims, arising from an April 11, 2008 incident at Bridgeport Village, Tigard, Oregon.
- IPC provided security services at Bridgeport Village; CenterCal Properties managed the property; BV CenterCal owned Bridgeport Village.
- Tualatin Police responded, leading to arrests of Jeffrey and Keri Giulio and detention of T.G.; charges were later dropped.
- Magistrate Judge Acosta recommended summary judgment for CenterCal Properties, BV CenterCal, and IPC; the district judge adopted the recommendations.
- Court held Defendants were not state actors, did not act with intent or in a manner supporting IIED, and did not owe a heightened duty in negligence; resulting claims were granted summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether private defendants are state actors under §1983. | Giulio argues conspiratorial private-party state action. | Defendants deny state-actor status; no substantial nexus. | No §1983 liability; private parties not state actors. |
| Whether defendants’ conduct constitutes intentional infliction of emotional distress. | Defendants’ actions were outrageous and targeted Plaintiffs. | No intent or extreme outrage; no special relationship. | IIED claim fails; no outrageous conduct or special duty. |
| Whether negligence supports emotional-distress damages absent physical injury. | Negligence caused emotional distress independent of physical injury. | Oregon law requires physical injury or qualifying exception. | Negligence claim fails; no physical injury and no applicable exception. |
Key Cases Cited
- United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (de novo review limited to objections to magistrate's findings)
- Orr v. Bank of America, 285 F.3d 764 (9th Cir. 2002) (authentication of deposition excerpts for summary judgment)
- Bennett v. Baugh, 154 Or.App. 397 (Or. App. 1998) (emotional-distress damages—general rule and exceptions)
- Nearing v. Weaver, 295 Or. 702 (Or. 1983) (police duty and special relationships in emotional-distress context)
- House v. Hicks, 218 Or.App. 348 (Or. App. 2008) (context and special relationship affecting outrageousness of conduct)