Cruz v. Multnomah County., et al.

Under ORS 30.265(6)(f), public actors are immune from liability, when acting without bad faith or malice, and relying on their plausible interpretation of laws that turn out to be unconstitutional, invalid, or inapplicable.

Cruz appealed a trial court's grant of summary judgement in favor of Multnomah County and Multnomah County Sheriff’s Office (collectively Multnomah County) based on his detention in the Multnomah County Jail under a federal immigration detainer. The trial court granted summary motion in favor of Multnomah County on the grounds that Multnomah County was immune under ORS 30.265(6)(f). The trial court also concluded that there is no private right of action for Cruz to recover damages for violations of ORS 181A.820(1). The Court of Appeals held trial court correctly concluded that Multnomah County were immune under ORS 30.265(6)(f) from the claim of false imprisonment because they were operating under “apparent authority” of 8 CFR section 287.7(d) when detaining Cruz pursuant to a reasonable good-faith interpretation of an immigration retainer. The Court also held that the legislature did not intend to expand to create a new statutory tort with a private right of action for violations of ORS 181A.820(1) because the statute was intended to reduce litigation, and not to create new statutory tort claims which would have an effect contrary to the legislative intent. Affirmed.