Fay v. City of Portland

*75PETERSON, C. J.,

specially concurring.

This is a negligence action for damages allegedly sustained by the plaintiffs following the release of a prisoner named Hough from the Multnomah County Detention Center. The case comes to us on summary judgment. From the materials in the trial court record, one can infer that the corrections officers intentionally disregarded the injunction of a federal judge in making a release decision. On the other hand, it may be inferred that the corrections officers made a mistake, either as to the matrix scores of the prisoners, or in tabulating the matrix numbers.…