Spilling v. Taylor

• Court: Oregon Court of Appeals
• Area(s) of Law: Civil Procedure
• Date Filed: 09-08-2016
• Case #: A160233
• Judge(s)/Court Below: Duncan, P.J. for the Court; DeVore, J.; & Flynn, J.

Where an inmate filed a Standard Tort Claim Form that included handwritten allegations that his property was taken by a correctional officer, a specific list of the items, and the items’ dollar values, it was error for the trial court to dismiss the action for failure to state a claim on which relief may be granted because those facts are sufficient to state a claim for conversion.

Plaintiff appealed the trial court’s dismissal of his claim for failure to state a claim for which relief can be granted. Plaintiff, an inmate, filed a Standard Tort Claim Form (the Form), supplied by the Department of Corrections, which he filled out by hand. In the form on an attachment, Plaintiff claimed a correctional officer had taken property belonging to Plaintiff worth $600. Plaintiff requested relief in the form of return of his property or, alternatively, $600. The Court held the trial court erred when it dismissed Plaintiff’s claim because on the Form Plaintiff had alleged facts sufficient to state a claim for conversion by detailing that the correctional officer had taken his possessions, specifically listing the items and their dollar value. Reversed and remanded. 

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