Haase v. City of Eugene

Plaintiff alleges that defendant’s police officers assaulted and beat him. He seeks damages from the city, rather than from the officers, for the alleged assault. The trial court granted summary judgment in favor of defendant without stating its reasons on the record. 1 Plaintiff appeals. We reverse.

Plaintiff brought this action under the Oregon Tort Claims Act (OTCA). 2 Although his complaint is not a model of clarity and purports to state only a single claim for relief, it can be construed to state claims both under 42 USC § 1983s and for common law assault and battery. We address each…