Bates v. Gordon

This case comes to us on remand from the Supreme Court for reconsideration in light of Kerr v. Bradbury, 340 Or 241, 131 P3d 737, adh’d to on recons, 341 Or 200, 140 P3d 1131 (2006), to determine whether the case is moot. On remand, we determine that the case is not moot. However, on our own motion, cf. ORAP 6.25(1), we grant reconsideration of our decision on the merits and reverse the trial court’s money judgment against the Washington County Sheriff in favor of petitioner Thomas Bates.

In our original opinion, Bates v. Gordon, 201 Or App 619, 120 P3d 512 (2005), we determined that the case…