Johnson v. Miller

Plaintiff appeals from a judgment dismissing his complaint after the court allowed defendants’ ORCP 21A(8) motion on the basis that the complaint failed to state sufficient facts to constitute a claim. We affirm in part and reverse in part.

Plaintiffs amended complaint alleges a claim for relief under 42 USC § 1983 1 for violating his civil rights and a claim for a declaratory judgment against the City of Eugene (City) that his trellis does not constitute a “fence” under City’s ordinance. See ORS 28.010 etseq. The gravamen of the section 1983 claim is that defendants 2 violated his civil…