337 P.3d 853
Or. Ct. App.2014Background
- Plaintiff was serving prison sentences for multiple counts in Josephine County that, combined with a prior Marion County sentence, would end after 49 months under the initial calculations.
- After Marion County’s 20-month sentence was vacated on remand in 2005, the Department recalculated the remaining Josephine County terms.
- The Department’s prison-term analyst interpreted 'consecutive to all previously imposed sentences' to run consecutively to sentences imposed the same day, not just earlier sentences.
- The department’s calculation would make plaintiff serve 49 months in Josephine County before release, longer than the plea agreement’s 36-month total.
- Plaintiff objected; a PTA memo stated the department was bound by the written judgment and required an amended judgment to change terms.
- In December 2005 plaintiff was released under the department’s calculation; in December 2007 he filed suit alleging negligence in calculation and false imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discretionary immunity applies to false imprisonment claims | Plaintiff argues immunity does not apply to intentional torts. | Defendant argues ORS 30.265(6)(c) covers discretionary decisions for both negligence and intentional torts. | Discretionary immunity may apply to intentional torts; case-by-case; PTA decision protected here. |
| Preservation of the PTA's duty to report issues about judgments | Plaintiff contends the PTA should have notified a supervisor or court about interpretive problems. | Defendant contends plaintiff failed to preserve this argument; relied on different pleadings. | Plaintiff failed to preserve the supervisory-report argument; not reviewable on appeal. |
Key Cases Cited
- Disney-Marine Co., Inc. v. Webb, 47 Or App 985 (1980) (discretionary immunity applied to intentional torts)
- Donahue v. Bowers/Steward, 19 Or App 50 (1974) (discretionary immunity applicable to intentional torts)
- Sullivan v. State, 15 Or App 149 (1973) (discretionary immunity on false imprisonment)
- Blankenship v. Smalley, 262 Or App 240 (2014) (preservation of issues on appeal)
- Westfall v. Dept. of Corrections, 355 Or 144 (2014) (remand and discretionary-immunity analysis)