Brungardt v. Barton

In this assault and battery action the trial court concluded that the action was subject to the Oregon Tort Claims Act because, at the time of the incident giving rise to the claim, defendant was acting within the course and scope of his employment as a police officer of the City of Portland. Because plaintiff failed to give notice required in order to “claim damages from * * * an officer of a public body acting within the scope of his employment or duties,” ORS 30.275, 1 the court granted summary judgment in favor of defendant. We affirm.

The relevant facts are not in dispute. On January 25,…