Fraker v. BENTON COUNTY SHERIFF'S OFFICE

Defendant Cottengim has filed a petition for reconsideration of our original decision in this case. Fraker v. Benton County Sheriff's Office, 214 Or App 473, 166 P3d 1137 (2007). She argues that our decision is infected by a factual error, namely, the statement that there is evidence that “the gun that defendant took from Fraker was the one that he used to terrorize plaintiffs [,]” Id. at 492. According to defendant, there is no such evidence in the record and, therefore, the trial court properly granted summary judgment in defendant’s favor. We grant reconsideration and adhere to our…