Hodges v. State

Plaintiff sued Multnomah County and the State of Oregon for damages resulting from the alleged negligent failure of a circuit court employe to process promptly an order releasing him from jail. Multnomah County moved to dismiss the complaint as to it on the grounds that circuit court employes are state employes and that only the state could be liable for any damage. The trial court granted Multnomah County’s motion.

The case against the state then was tried to the court on stipulated facts and damages; that resulted in a judgment against the state. The state appeals, contending that, for the…