Westfall v. State

This case is before us on remand after the Oregon Supreme Court reversed our decision in Westfall v. Dept. of Corrections, 247 Or App 384, 271 P3d 116 (2011), rev’d and rent’d, 355 Or 144, 324 P3d 440 (2014). In our original opinion, we concluded that the trial court had erred in granting summary judgment to the Department of Corrections on the basis of discretionary immunity, which obviated the need for us to address plaintiff’s remaining arguments on appeal. On review, the Supreme Court reversed our discretionary-immunity decision and remanded the case to us, explaining:

“That does not mean…