Kia SKILLE, Plaintiff-Appellant, v. Tony Rey MARTINEZ, in his individual capacity, Defendant, and OREGON STATE HOSPITAL, a State agency; and Department of Human Services, a State agency, Defendants-Respondents.
Marion County Circuit Court 14C18124; A159729
Court of Appeals of Oregon
December 28, 2017
289 Or App 637 (2017) | 407 P3d 998
Dale Penn, Judge.
On respondent’s petition for reconsideration filed November 7; reconsideration allowed, former disposition withdrawn, former opinion (288 Or App 207, 406 P3d 126) modified and adhered to as modified, reversed and remanded as to respondent Oregon State Hospital, otherwise affirmed December 28, 2017
Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; reversed and remanded as to respondent Oregon State Hospital; otherwise affirmed.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Peenesh Shah, Assistant Attorney General, for petition.
Before DeVore, Presiding Judge, and Garrett, Judge, and Wollheim, Senior Judge.
Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; reversed and remanded as to respondent Oregon State Hospital; otherwise affirmed.
The Department of Human Services (DHS) petitions for reconsideration of our decision in Skille v. Martinez, 288 Or App 207, 406 P3d 126 (2017), which reversed and remanded the trial court’s judgment of dismissal. DHS requests that we modify our disposition to make it clear that the trial court’s judgment is reversed only as to defendant Oregon State Hospital (OSH), not as to DHS, which plaintiff had previously agreed to dismiss from the case. Plaintiff does not oppose the relief requested.
The petition is allowed for the limited purpose of clarifying that the judgment below is reversed as to OSH but affirmed as to DHS. Specifically, we modify our former opinion by inserting the following footnote at the end of the second full paragraph at 288 Or App at 209: “Below, plaintiff agreed to dismissal of her claims as to DHS. She therefore requests on appeal that we reverse the judgment of dismissal as to OSH only.” We also withdraw our former disposition and replace it with the following: “Reversed and remanded as to Oregon State Hospital; otherwise affirmed.”
Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; reversed and remanded as to respondent Oregon State Hospital; otherwise affirmed.