Franke v. Oregon Department of Fish & Wildlife

In these consolidated actions for malicious prosecution and wrongful use of civil proceedings, defendants 1 appeal from a judgment entered in plaintiffs favor on a jury verdict. Defendants assert that the trial court erred in denying their motions to dismiss and for directed verdict, which were based on the theory that they were immune from civil liability because their employees and agents were immune pursuant to ORS 496.620 (1991). 2 Alternatively, defendants argue that the trial court erred in denying their motion for leave to amend their answers in order to allege the immunity defense.…