Praggastis v. Clackamas County

The question we address is whether a county will be protected by judicial immunity when the county is sued under the Oregon Tort Claims Act (OTCA), ORS 30.260 to 30.300, for the alleged negligence of an employee of the county clerk’s office, serving as a clerk of the circuit court, when the clerk does not docket a dissolution decree incorporating a property settlement agreement because of existing instructions from the presiding judge of the county.

Plaintiff alleged that: “Defendant, acting through its agents and employees in the course and scope of their business, entered the decree…