Benson v. State of Oregon

Oregon officials provided California officials with a criminal history report erroneously indicating that plaintiff was a thrice-convicted felon. That error caused California officials wrongly to incarcerate plaintiff for 43 days, leading to this negligence action. At trial, both plaintiff and the state moved for a directed verdict on the issue of whether plaintiff had given the state timely notice of his impending tort claim. The trial court denied the state’s motion, granted plaintiffs, and subsequently entered judgment in favor of plaintiff for $106,500.00. The state appeals. We conclude…