Cannon v. Oregon Department of Justice

Under the Oregon Tort Claims Act (OTCA), a plaintiff cannot maintain a tort action against a public body, its officers, its employees, or its agents unless sufficient “notice of claim” is given “within 180 days after the alleged loss or injury.” ORS 30.275(2)(b). The notice requirement is satisfied by, among other things, “Commencement of an action on the claim” within that 180-day period. ORS 30.275(3)(c). The question in this case is what constitutes “commencement” for notice purposes. Plaintiff, who alleges that he was wrongfully imprisoned for murder, filed his tort action against various…