Harmon v. State of Oregon

“Several factors are commonly examined to determine if a particular duty can be considered judicial or quasi-judicial for the purpose of extending immunity to the official performing the action.” Praggastis v. Clackamas County, 305 Or 419, 426 (1988). Those factors include “whether the official’s actions are functionally comparable to judicial actions or involve decisions normally performed by judges in their judicial capacity, whether the action depends on legal opinions or discretionary judgments comparing the facts of a present situation with general legal questions, and whether the acts in question are primarily concerned with the official’s role as a judicial or quasi-judicial officer.” Id.

Harmon’s estate brought a wrongful death action against the State of Oregon, acting by and through the Psychiatric Security Review Board (PSRB) and the Oregon State Hospital (OSH), after she was killed by Montwheeler following his discharge from PSRB’s jurisdiction and release from OSH. Plaintiff assigns error to trial court’s grant of the state’s motion for summary judgment based on quasi-judicial immunity. “Several factors are commonly examined to determine if a particular duty can be considered judicial or quasi-judicial for the purpose of extending immunity to the official performing the action.” Praggastis v. Clackamas County, 305 Or 419, 426 (1988). Those factors include “whether the official’s actions are functionally comparable to judicial actions or involve decisions normally performed by judges in their judicial capacity, whether the action depends on legal opinions or discretionary judgments comparing the facts of a present situation with general legal questions, and whether the acts in question are primarily concerned with the official’s role as a judicial or quasi-judicial officer.” Id. Quasi-judicial immunity applies to PSRB’s mental health assessment of and decision to release Montwheeler because PSRB was required to undertake a quasi-judicial process that led to a quasi-judicial decision. However, quasi-judicial immunity does not apply to OSH’s conduct or the failure to warn Harmon of Montwheeler’s release because those actions extended beyond a quasi-judicial role. Reversed in part and remanded; otherwise affirmed.