Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Updike v. City of Gresham

United States District Court, D. Oregon

October 15, 2014

DAVID UPDIKE, Plaintiff,
v.
CITY OF GRESHAM, MULTNOMAH COUNTY, and STATE OF OREGON, Defendants

Page 1206

[Copyrighted Material Omitted]

Page 1207

Daniel Snyder, Carl Post, and Cynthia Gaddis, LAW OFFICES OF DANIEL SNYDER, Portland, OR, Of Attorneys for Plaintiff.

Ellen F. Rosenblum, Attorney General, Heather J. Van Meter and Shannon M. Vincent, Senior Assistant Attorneys General, OREGON DEPARTMENT OF JUSTICE, Salem, OR, Of Attorneys for Defendant State of Oregon.

Page 1208

OPINION AND ORDER

Michael H. Simon, United States District Judge.

Plaintiff, David Updike (" Updike" ), maintains this action against Defendants State of Oregon (" State" ) and Multnomah County, having settled with the City of Gresham. Against both the State and Multnomah County, Updike alleges violations of the Vocational Rehabilitation Act of 1973 (" Rehabilitation Act" )[1] and Title II of the Americans with Disabilities Act (" ADA" ).[2] Updike also alleges claims of negligence and false arrest against Multnomah County.[3] Before the Court is the State's Motion for Summary Judgment (Dkt. 50). For the reasons discussed below, the Court grants the State's motion.

STANDARDS

A party is entitled to summary judgment if the " movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). The moving party has the burden of establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The court must view the evidence

Page 1209

in the light most favorable to the non-movant and draw all reasonable inferences in the non-movant's favor. Clicks Billiards Inc. v. Sixshooters Inc., 251 F.3d 1252, 1257 (9th Cir. 2001). Although " [c]redibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge . . . ruling on a motion for summary judgment," the " mere existence of a scintilla of evidence in support of the plaintiff's position [is] insufficient . . . ." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). " Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (quotations and citation omitted).

BACKGROUND

On January 14, 2013, Plaintiff was arrested at his home by officers of the Gresham, Oregon police department. Plaintiff was booked at the Multnomah County Detention Center in the Justice Center and later transferred to the Multnomah County Inverness Jail, where Plaintiff was held for arraignment the next day. On January 15, 2013, Plaintiff appeared for arraignment by video conference before Multnomah County Circuit Judge Kathleen Dailey. No American Sign Language (" ASL" ) interpreter was present. When Judge Dailey learned that Plaintiff was deaf, she postponed Plaintiff's arraignment to the following day when an ASL interpreter would be available. As a result of this delay, Plaintiff was held overnight at the Inverness jail. On January 16, 2013, Plaintiff again appeared for arraignment, and an ASL interpreter was provided for him. Plaintiff was arraigned and released that day.

DISCUSSION

After the State filed the pending motion, Plaintiff filed an Amended Complaint without objection from any party. Dkt. 60. The Court construes the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.