Powers v. Officer Cheeley

This civil assault case involves the admissibility of an out-of-court statement offered to prove the truth of the matter asserted. The trial court entered judgment, which the Court of Appeals affirmed, on a jury verdict for plaintiff Stephen Powers against the defendants Salem Police Officer Cheeley and the City of Salem. Powers v. Officer Cheeley, 93 Or App 294, 762 P2d 1019 (1988). The out-of-court declarant, William Beaty, testified that Cheeley had tried to pull Powers out of a car through an open window. Beaty’s wife, Vicky, subsequently testified that her husband told her the same…