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Sessions v. Vollmuller

United States District Court, D. Oregon

September 22, 2014

JULIAN SESSIONS, Plaintiff,
v.
SHIRLEY VOLLMULLER individually, and in her official capacity; KATHLEEN HYNES in her official capacity; and DOES 1-10, Defendants.

JULIAN SESSIONS, Beaverton, OR, Plaintiff, Pro Se.

ELLEN ROSENBLUM, Attorney General, JESSICA B. SPOONER, Assistant Attorney General, Oregon Department of Justice, Salem, OR, Attorneys for Defendants.

OPINION AND ORDER

ANNA J. BROWN, District Judge.

This matter comes before the Court on Defendants' Motion (#14) to Dismiss [Plaintiff's Complaint] and Defendants' Motion (#21) to Dismiss Plaintiff's First Amended Complaint. For the reasons that follow, the Court GRANTS Defendants' Motions and DISMISSES this matter without prejudice.

BACKGROUND

The following facts are taken from Plaintiff's Complaint and First Amended Complaint.

On March 22, 2012, Oregon's Department of Human Services (DHS) "served an initial founded disposition alleging child neglect against the Plaintiff involving NS', as a result of an incident occurring on September 23, 2011." Compl. at ¶ 10, Am. Compl. at ¶ 10.

On May 8, 2013, Plaintiff requested a local DHS office review of the founded disposition of child neglect.

On August 8, 2013, the DHS "served the local office decision... that upheld the founded disposition of child neglect."

On September 6, 2013, Plaintiff requested a central DHS office review of the founded disposition.

In 2013 Plaintiff sought work in a child-care facility and was informed by the facility that he was required to obtain CBR enrollment as a precondition to employment. On October 22, 2013, Plaintiff applied to the Oregon State Office of Child Care (OCC) to enroll in the Central Background Registry (CBR), which, according to Plaintiff, is mandatory under Oregon Administrative Rules to work in designated child-care facilities within the State of Oregon.

On October 23, 2013, the DHS "served a central office decision upholding the determination of child neglect against the Plaintiff." Compl. at ¶ 16, Am. Compl. at ¶ 16.

On October 31, 2013, Plaintiff sent a letter to DHS and requested a hearing to contest the child-neglect founded disposition.

On November 5, 2013, the OCC sent Plaintiff a letter in which it advised Plaintiff: "We find that you have a founded Neglect Lack of Supervision case from March 15, 2012 with the Department of Human Services (DHS) Child Protective Services." Am. Compl. at ¶ 18. The OCC advised Plaintiff to submit ...


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