Gambaro v. Oregon Department of Justice

Plaintiffs appeal a judgment dismissing, with prejudice, their claims against all defendants. 1 The dispute arises from the disposal of plaintiffs’ personal property during a clean-up of mercury contamination. Plaintiffs, who appeared pro se, asserted two labeled “claims for relief,” one under 42 USC section 1983 (section 1983) and the other for declaratory relief, and a conversion claim. Defendants moved under ORCP 21 A to dismiss all claims that plaintiffs appeared to assert, and the trial court granted those motions. In our review of the granting of the motion to dismiss, we assume the…