(Download) "Mcbride v. Magnuson" by Supreme Court of Oregon ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mcbride v. Magnuson
- Author : Supreme Court of Oregon
- Release Date : January 23, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Plaintiff brought an action against defendant, a police officer assigned to the Youth Division of the Portland Police Bureau, for interference with plaintiffs right to custody of her eight-month-old son. Her complaint alleged as one "cause of action" that defendant "intentionally, maliciously and without probable cause, caused [her son] to be placed in protective custody," and as a second "cause of action" that defendant was negligent in making an investigation and report of burns suffered by the child, thereby causing him to be taken into protective custody and plaintiff to be subjected to judicial proceedings. Although the complaint purported to state two causes of action, it actually stated a single cause of action with several counts. Defendant demurred on the ground that the complaint failed to state facts sufficient to constitute a cause of action, ORS REF16.260(6),/REF specifically asserting that defendant had an absolute immunity from civil liability when acting in the official capacity appearing on the face of the complaint. The trial court sustained the demurrer, and plaintiff appeals from the judgment entered on the demurrer. Because the complaint alleges facts which, if proved, would establish plaintiffs right to recover for an intentional, malicious and unjustified interference with custody of her child, we conclude that the demurrer should have been overruled. See Shires v. Cobb, REF271 Or 769,/REF 770 n.1, REF534 P2d 188/REF (1975).
 "Mcbride v. Magnuson" by Supreme Court of Oregon ~ eBook PDF Kindle ePub Free){kind=link}