Rogers v. Saylor

There is a straightforward resolution to the problems presented by this case. Simply stated, a violation of 42 USC § 1983 was actionable in Oregon courts before the Oregon Tort Claims Act (OTCA) was amended to define “tort” to include section 1983 claims. Or Laws 1975, ch 609, § 12. That amendment did not affect the jurisdiction of state courts; rather, it created an alternative basis, with alternative benefits and detriments, for bringing a section 1983 claim. The damages that are recoverable depend on the course that a plaintiff chooses to follow.

Circuit courts are courts of general…